Ex Parte Communications: The Law and Practices at Six California Boards and Commissions

Ex parte communications are made in private between an interested party in a decision-making process and an official in a decision-making position. Because they can introduce an element of bias in a decision-making process and violate basic due process requirements, state law requires that the involved officials publicly disclose ex parte communications made during adjudicative proceedings. However the legal requirements and practices for rulemaking (or quasi-legislative) proceedings vary for the six boards and commissions analyzed for this report, and the public disclosure process evidenced in their meeting minutes is uneven