Borough attorney trains Planning Board on ex parte contacts, independent fact‑finding and conflicts

Nick, an attorney in the Matanuska-Susitna Borough Attorney's Office, told the Planning Board at a July training that the board routinely deals with quasi‑judicial matters and must guard both the fairness of proceedings and their appearance. "Ex parte means one side only," he said, explaining that private communications or information taken by a single party without the opposing side present can taint hearings and lead to appeals.

The presentation outlined the legal framework for quasi‑judicial decisions, including notice, meaningful opportunity to be heard, and the right to appeal. Nick emphasized that those rules exist to protect due process and urged members to disclose any off‑record contacts and forward unsolicited materials to staff for inclusion in the public packet. "Always disclose it," he said, when discussing private contacts and emails that arrive between meetings.