2007 California Public Resources Code Article 2.5. Fairness And Due Process

CA Codes (prc:30320-30329)

30320.  (a) The people of California find and declare that the
duties, responsibilities, and quasi-judicial actions of the
commission are sensitive and extremely important for the well-being
of current and future generations and that the public interest and
principles of fundamental fairness and due process of law require
that the commission conduct its affairs in an open, objective, and
impartial manner free of undue influence and the abuse of power and
authority.  It is further found that, to be effective, California's
coastal protection program requires public awareness, understanding,
support, participation, and confidence in the commission and its
practices and procedures.  Accordingly, this article is necessary to
preserve the public's welfare and the integrity of, and to maintain
the public's trust in, the commission and the implementation of this
division.
   (b) The people of California further find that in a democracy, due
process, fairness, and the responsible exercise of authority are all
essential elements of good government which require that the public'
s business be conducted in public meetings, with limited exceptions
for sensitive personnel matters and litigation, and on the official
record.  Reasonable restrictions are necessary and proper to prevent
future abuses and misuse of governmental power so long as all members
of the public are given adequate opportunities to present their
views and opinions to the commission through written or oral
communications on the official record either before or during the
public hearing on any matter before the commission.




30321.  For purposes of this article, "a matter within the
commission's jurisdiction" means any permit action, federal
consistency review, appeal, local coastal program, port master plan,
public works plan, long-range development plan, categorical or other
exclusions from coastal development permit requirements, or any other
quasi-judicial matter requiring commission action, for which an
application has been submitted to the commission.



30322.  (a) For purposes of this article, except as provided in
subdivision (b), an "ex parte communication" is any oral or written
communication between a member of the commission and an interested
person, about a matter within the commission's jurisdiction, which
does not occur in a public hearing, workshop, or other official
proceeding, or on the official record of the proceeding on the
matter.
   (b) The following communications are not ex parte communications:

   (1) Any communication between a staff member acting in his or her
official capacity and any commission member or interested person.
   (2) Any communication limited entirely to procedural issues,
including, but not limited to, the hearing schedule, location,
format, or filing date.
   (3) Any communication which takes place on the record during an
official proceeding of a state, regional, or local agency that
involves a member of the commission who also serves as an official of
that agency.
   (4) Any communication between a member of the commission, with
regard to any action of another state agency or of a regional or
local agency of which the member is an official, and any other
official or employee of that agency, including any person who is
acting as an attorney for the agency.
   (5) Any communication between a nonvoting commission member and a
staff member of a state agency where both the commission member and
the staff member are acting in an official capacity.
   (6) Any communication to a nonvoting commission member relating to
an action pending before the commission, where the nonvoting
commission member does not participate in that action, either through
written or verbal communication, on or off the record, with other
members of the commission.



30323.  For purposes of this article, an "interested person" is any
of the following:
   (a) Any applicant, an agent or an employee of the applicant, or a
person receiving consideration for representing the applicant, or a
participant in the proceeding on any matter before the commission.
   (b) Any person with a financial interest, as described in Article
1 (commencing with Section 87100) of Chapter 7 of Title 9 of the
Government Code, in a matter before the commission, or an agent or
employee of the person with a financial interest, or a person
receiving consideration for representing the person with a financial
interest.
   (c) A representative acting on behalf of any civic, environmental,
neighborhood, business, labor, trade, or similar organization who
intends to influence the decision of a commission member on a matter
before the commission.


30324.  (a) No commission member, nor any interested person, shall
conduct an ex parte communication unless the commission member fully
discloses and makes public the ex parte communication by providing a
full report of the communication to the executive director within
seven days after the communication or, if the communication occurs
within seven days of the next commission hearing, to the commission
on the record of the proceeding at that hearing.
   (b) (1) The commission shall adopt standard disclosure forms for
reporting ex parte communications which shall include, but not be
limited to, all of the following information:
   (A) The date, time, and location of the communication.
   (B) The identity of the person or persons initiating and the
person or persons receiving the communication.
   (C) A complete description of the content of the communication,
including the complete text of any written material that was a part
of the communication.
   (2) The executive director shall place in the public record any
report of an ex parte communication.
   (c) Communications shall cease to be ex parte communications when
fully disclosed and placed in the commission's official record.




30325.  Nothing in this article prohibits any person or any
interested person from testifying at a commission hearing, workshop,
or other official proceeding, or from submitting written comments for
the record on a matter before the commission.  Written comments
shall be submitted by mail or delivered to a commission office, or
may be delivered to the commission at the time and place of a
scheduled hearing.



30326.  Any person, including a commission member, may request the
commission staff to conduct a workshop on any matter before the
commission or on any subject that could be useful to the commission.
When the executive director determines that a request is appropriate
and feasible, a workshop shall be scheduled at an appropriate time
and location.



30327.  (a) No commission member or alternate shall make,
participate in making, or any other way attempt to use his or her
official position to influence a commission decision about which the
member or alternate has knowingly had an ex parte communication that
has not been reported pursuant to Section 30324.
   (b) In addition to any other applicable penalty, including a civil
fine imposed pursuant to Section 30824, a commission member who
knowingly violates this section shall be subject to a civil fine, not
to exceed seven thousand five hundred dollars (,500).
Notwithstanding any law to the contrary, the court may award
attorneys' fees and costs to the prevailing party.



30327.5.  (a) An interested person shall not give, convey, or make
available gifts aggregating more than ten dollars () in a calendar
month to a commissioner or a member of the commission's staff.
   (b) A commissioner or member of the commission's staff shall not
accept gifts aggregating more than ten dollars () in a calendar
month from an interested person.
   (c) For the purposes of this section, "interested person" shall
have the same meaning as the term is defined in Section 30323.
   (d) For the purposes of this section, "gift" means, except as
provided in subdivision (e), any payment, as defined in Section 82044
of the Government Code, that confers a personal benefit on the
recipient, to the extent that consideration of equal or greater value
is not received and includes a rebate or discount in the price of
anything of value unless the rebate or discount is made in the
regular course of business to members of the public without regard to
official status. Any person, other than a defendant in a criminal
action, who claims that a payment is not a gift by reason of receipt
of consideration has the burden of proving that the consideration
received is of equal or greater value.
   (e) For the purposes of this section, "gift" does not include any
of the following:
   (1) A gift which is not used and which, within 30 days after
receipt, is either returned to the donor or delivered to a nonprofit
entity exempt from taxation under Section 501(c)(3) of the Internal
Revenue Code without being claimed as a charitable contribution for
tax purposes.
   (2) A gift from an individual's spouse, child, parent,
grandparent, grandchild, brother, sister, parent-in-law,
brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first
cousin, or the spouse of any such person. However, a gift from any
such person shall be considered a gift if the donor is acting as an
agent or intermediary for any person not covered in this paragraph.
   (3) A cost associated with the provision of evidentiary material
provided to the commission and its staff.
   (4) An educational or training activity that has received prior
approval from the commission.
   (5) A field trip or site inspection that is made available on
equal terms and conditions to all commissioners and appropriate
staff.
   (6) A reception or purely social event that is not offered in
connection with or is not intended to influence a decision or action
of the commission and that is open to all commissioners, members of
the staff, and members of the public and press.



30327.6.  (a) (1) Except as provided in paragraph (2), a person who
for compensation attempts to influence or affect the outcome of a
commission decision or action and who violates Section 30327.5 may,
in addition to any other applicable penalty, be barred from any
activity seeking to influence or affect the outcome of a commission
decision or action for a period of up to one year from the date of
the finding of the violation. Each violation shall be grounds for the
person being barred from any activity seeking to influence or affect
a commission decision or action for an additional year from the date
of conviction.
   (2) Nothing in this section shall be construed to prohibit an
individual from representing himself or herself in seeking to
influence or affect the outcome of a commission decision or action if
that individual is acting solely on his or her own personal behalf
and not on the behalf of any other person or entity.
   (b) A person who violates Section 30327.5 shall, in addition to
any other applicable penalty, be subject to a civil fine not to
exceed five hundred dollars (0) for each violation.




30328.  If a violation of this article occurs and a commission
decision may have been affected by the violation, an aggrieved
person, as described in Section 30801, may seek a writ of mandate
from a court requiring the commission to revoke its action and rehear
the matter.



30329.  Notwithstanding Section 11425.10 of the Government Code, the
ex parte communications provisions of the Administrative Procedure
Act (Article 7 (commencing with Section 11430.10) of Chapter 4.5 of
Part 1 of Division 3 of Title 2 of the Government Code) do not apply
to proceedings of the California Coastal Commission under this
division.