Trainer warns Spring City officials about ex parte contacts and ethics pitfalls

During a training session in Spring City, Rob Terry warned local officials about the legal and practical risks of ex parte communications in quasi‑judicial proceedings. "If you're having communication with one individual or one side of that, then the other side needs to be aware and included within that," Terry said, emphasizing transparency for appeals and variance processes.

Attendees described recent local concerns about staff or officials communicating outside public meetings. Terry told the group that such one‑sided contact risks appearing preferential and can be grounds to challenge decisions. He noted the Utah Open and Public Meetings Act provides remedies: improper deliberation outside public meeting procedures can make decisions voidable in district court. He advised agencies to adopt clear procedures for who may respond to emails and to keep deliberative discussion inside properly noticed forums.

Officials asked practical questions about whether staff may provide factual guidance to appeal hearings; Terry said: factual staff presentation is appropriate but staff should not weigh or decide matters outside the public record. He recommended copying all pertinent parties on email exchanges and using checklists or standard responses so staff actions are consistent and defensible.