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Commissioner Wheeler wanted to know if each Commissioner could determine <br />whether or not to use the Disclosure Form or to limit conversations to the public hearing. <br />Attorney Collins revealed that the procedure for disclosure must be adopted by <br />Ordinance or Resolution. He conveyed that each Commissioner could make the decision <br />whether or not to meet with the individual and file the disclosures, or they could inform the <br />constituent they would rather have the conversation be on record. <br />The Commissioners continued to discuss whether it would be best to allow the <br />ex parte communications via the Disclosure Forms, or to limit discussions to the public <br />hearings. <br />Commissioner O'Bryan suggested that the Commissioners receive written <br />communications, which could be put into the public record. <br />Attorney Collins explained that the law makes a distinction between written and <br />oral ex parte communications. He explained that a Resolution could be drafted such that the <br />Board could receive written communications as long as they are made part of the record. <br />Joseph Paladin, Black Swan Consulting, supported having the Disclosure <br />Form, stating that it was a matter not only of transparency in the government, but a matter of <br />having the Commissioners receive all pertinent information. <br />Commissioner Solari felt that it would be better to put everything in writing, so <br />that all Commissioners could receive the same information. <br />44 <br />December 16, 2008 <br />