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persons. The public is reminded that significant legal consequences may attach to ex parte communications and, to protect the process from legal challenge, commissioners may elect in good faith to avoid ex parte communications. 3. Site Visits, Investigations and Expert Opinions. Unless otherwise prohibited by statute or ordinance, and subject to the disclosure guidelines set forth below, each commissioner shall make his or her own decision whether to make site visits, conduct investigations or consult with experts. Hearing Matters 1. Fair and Impartial Decisions -Makers. Each commissioner shall keep an open mind and shall base his or her decision on the evidence presented at the hearing and the applicable law. Accordingly, commissioners should refrain from making any public statements prior to the hearing, for or against the application. If, because of conflict of interest, bias or other factors, a commissioner does not have an open mind and cannot base his or her decision on the evidence and applicable law, the commissioner should advise the Board of this fact, and withdraw from any further participation in the proceedings. 2. Commissioner Disclosures. If a commissioner has engaged in ex parte communications (written or verbal, including communications with county staff), made any site visits, conducted any investigations, or consulted with any experts prior to the hearing, the commissioner shall disclose such ex parte communications, site visits, investigations or consultations at the start of the hearing. Specifically, (i) with respect to ex parte communications (including consultations with experts), the commissioner shall disclose the subject of the communication and the identity of the person or group with whom the communication took place. If the communication was in writing and was actually read by the commissioner, a copy of the written communication shall be given to county staff and included in staff's file on the matter. The written communication shall be available for public inspection prior to the hearing, shall be given by county staff to the clerk at the start of the hearing, and shall be made a part of the record, and (ii) with respect to site visits and other investigations, the commissioner shall disclose the fact of such visits and investigations, and any findings made or information obtained. Any commissioner disclosing such matters shall confirm at the start of the hearing that he or she has an open mind and is able to base his or her decision on the evidence presented at the hearing and the applicable law. (Note: County staff's report which is included in the Board's agenda package shall not be considered an ex parte communication). 3. Procedural Decisions. In accordance with §102.02 of the Code of Indian River County, all questions of procedure shall be decided by the Chairperson, subject to an appeal by a commissioner to a majority of the Board. 2