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