If you’re interested in a development case where Rockville’s Mayor and Council will make the final decision and they tell you they can’t talk about it, they’re not being rude — they’re just abiding by Maryland law and avoiding ex parte communications.
The Latin legal phrase “ex parte” may be familiar to anyone who’s watched a few episodes of “Law & Order.” In the city’s case, in short, an ex parte communication is a communication by either a party or an interested individual to a member of the Mayor and Council, Board of Appeals, Planning Commission or Historic District Commission outside of a public hearing.
In the vast majority of cases, the Mayor and Council act on legislation and policies that they can discuss freely. Occasionally, though, they, and the other city boards and commissions, are required to make decisions on quasi-judicial matters. Many of these are development-related — project plans and amendments, site plans and historic district designations are just some examples.
In these quasi-judicial cases — once a formal application is made to the city — the Mayor and Council, and other bodies that have the final say over a project, can’t engage in ex parte communications about that case. This means they can’t attend community meetings about it, nor can they talk about it by phone, email or in person.
At its heart, the ex parte law is about fairness, making sure all communication is part of the public record, that all involved parties have all the same information, and that the public is fully informed.
More information on the ex parte law will be made available on Rockville’s website, www.rockvillemd.gov. Visit the city’s Development Watch webpage at www.rockvillemd.gov/developmentwatch.