Item A: Eugene Water & Electric Board Riverfront Master Plan

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expressing opinions or deliberating on the merits of the proposal in advance of the public hearing. “Ex-parte contact” should also be avoided to the extent possible. If these contacts do occur you must keep track of them and disclose them on the record before your public hearing to ensure a fair and open public process, i.e., a chance for the public to rebut the substance of such communication. A failure to adequately disclose an ex parte contact or a perception that your statements demonstrate a bias could be a basis for LUBA to invalidate the City’s final decision on the matter. Once the opportunity for public comment is over and until the City’s decision becomes final (including the resolution of any appeals), you must refrain from any ex parte communications because, at that point, the opportunity for public rebuttal has passed. While the law anticipates that you will handle the ex parte disclosures orally, we expect some long lists on this matter and therefore recommend that Councilors prepare a written disclosure, instead. The written disclosure should declare, as an ex parte contact, all of your contacts relating to the substance of EWEB’s proposal (verbal or written) if those contacts occurred outside of the public hearing. This does not include contacts with City staff; this does include site visits and media information. The law does not require you to disclose dates or speakers, so a statement like “I have heard from a number of people that they are concerned about XXXX” is sufficient. The substance is the important part of the disclosure, thus, you cannot just say “I heard a number of times from Jose Smith.” There is no model or magic words; you just want to make sure that the public gets to know all of the information that you have been given. We will attach each Councilor’s written disclosures list to the AIS for the hearing, explicitly incorporate them into the record and ask that each of you reference your statement and state that the contacts lists are the only additional contacts you have had. We are hoping this will save some time for you and help to ensure that all contacts are disclosed. The City Attorney’s Office is happy to review each of your statements before you finalize it. For More Information Please feel free to contact me at 541-682-5697 or at gabriel.flock@ci.eugene.or.us if you have any questions.