Chapter 3

Ex parte Communication

Ex parte communication is defined as a private, one-sided communication between a decision-maker and a party or person with an issue before that decision-maker. While the city Code of Ethics does not specifically address ex parte communications, individuals should be prudent regarding potential communications, particularly for those employees and officials acting in a quasi-judicial capacity (for example, individuals with authority to adjudicate a situation such as the Board of Adjustment).

If an individual feels that he/she is involved in an ex parte communication that may negatively impact his/her ability to perform official duties, the individual should disclose the communication on the record, recuse (meaning to disqualify or remove) him/her self from participating in the discussion and action on the subject, and step away from his/her official position. Regardless of whether the communication affects an official’s ability to impartially perform his/her duties, the official should still disclose the existence of the ex parte communication on the record.

Quick Links:
City of Bozeman Ethics Handbook
City of Bozeman Code of Ethics
Montana Code Annotated, Code of Ethics