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87-1405 M/H1� CITY CI.ERK 9 R`'( 37 PINK -�� FINANC�E COU/II/ L/ CANARV - DEPARTMENT CITY OF SAINT YAUL File NO. � �` / C �� BLUE - IqAVOR ! * t ^ Ordin�nce Ordinance (��.____.��2�!�Q`'�._ � `� p / � Presented By 1'���1:.�- �/'�` � � `_�� Referred To Committee: Date Out of Committee By Date An ordinance arnending the St. P�ul Admizis-trative Code by adding a new chapter pertaining to c��� parte contacts during franchise proceedings . THL COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 . The Saint Paul Administrative Code is hereby amendecl by enacting a new chapter to read as iollo�as: "Section 1. S'tatement of Purpose. T�ze pur�ose o� -chis orainance is to preserve the integri-�y and inci����nc�ence of City Council regulatory function in franchis� rna�-ters and to promate nublic confidence in the objectivi�y of the Council ' s decisions. Council members anc� em�loy�es should maintain high stanc�ards of conduct to preven�. a conflict or the appearance of a conflicic �e�twee�� private interests and official c?uties . This code i�us�t be construed to secure these objectives in keeping with the quasi-judicial regulatory function of the Council. This ordinance shall only be applicable �o a utility regulatory cas� proceeding as defined hereunder. Sec�tion 2 . Definitions. (a) "Decision-making personnel" or "decision-maker" neans and includes the Mayo.r, �he acting R�ayor when acting on behalr of the P�layor, and each rnember of the Council oi tne Ci-ty of Saint Paul. COUNCILMFN Requested by Department of: Yeas Nays Drew Nicosia ln Favor — Rettman s�ne'bei Against BY Sonnen Tedesco Wilson Adopted by Council: Date Form Approved by City ttorney Certified Passed by Council Secretary BY — '' By Approved by Mayor: Date Approved by Mayor for Submission to Council By By ' ��� %�/B5� ' ' � rysa� Page 2 . (b) "Utility Regulatory Case" means a case or proceeding for the resolution or consideration by the decision-making personnel of a new or amended rate schedule , or of any matter which is required by chapter 16 of the Charter or any franchise granted thereunder to be heard by the Council of the City of Saint Paul upon notice. (c) `°Pendency of a Utility Reg;ulatory Case" shall mean that period of time commencing with the filing with the City Clerk of (1) notice of new or amended rate schedule, or (2) other notice of any matter which when filed with the City Clerk requires a hearing upon notice before the Council of the City of Saint Paul ; and ending upon the passage and publication of a resolution or ordinance which purports to resolve the matters or issues presented by the original document filed, or upon the completion or termin- ation of any litigation challengin�; in whole or in part any actions by decision-making personnel in regard to a Utility P.egulatory Case, whichever date is later . (d) "Ex parte communication" means an oral or written off-the-record communication made to decision-malcing personnel , �aithout required notice to the parties , that is directed to influence or attempt to intluence the merits or outcome of a utility regulatory case . This term does not include nrocedural , scheduling, and status inquiries or other inquiries or requests for information that have no bearing on the merits or outcome of the proceeding. (e) "P�aterial Issue" means an issue that may have sub- stantial bearing on the merits or outcome of a utility regulatory case. (f) "Party" means a person, partnership , association, incorporation or entity by or against whom a proceeding before the Council is commenced or a person permitted to intervene in a proceeding before the Council . A party includes a petitioner, competitor , complainant , inter- venor, applicant or respondent , and their attorneys , agents or representatives authorized in writing to represent its interests . It shall not include employees of the City of Saint Paul assigned to review and report on utility regulatory cases . (g) "Competitor'' means another Provider of a service in direct competition with that of a party and shall include but not be limited to employees of the comPeting utility, its agents , attorneys and representatives authorized in ��riting to represent its interests . ^ i!.-,!, U ;^. . . . . h 9/8/8,� � ��, ' � . . � � �1��7-iU�� � ' Page 3 . /7�d�o (h) "Required Notice" means a written communication delivered to the City Clerk no.t l.ess than three ( 3 ) days prior to a meetinq with any decision-makinq personnel, the purpose of which is to discuss a material issue. The .notice shall include the following;: ?'�� 1 . Names of decision making personnel wrio ,.;;; will attend. 2 . Name of the party and its representatives who will attend. 3 . The time, date and place of the meeting. 4 . A list of all material issues which will be discussed at the meeting. The City Clerk shall mail this required notice to any party who has filed a request to receive such notices with the City Clerk. In the alternative, the decision- maker who will attend the meeting may call all interested parties by telephone not less than 24 hours prior to the meeting and provide the required information. Section 3 . Ex Parte Communications Prohibited. An ex parte communication, either directly or indirectly, shall not be made or attempted to be made between a decision-maker and a party concerning any material issue during the pendency of a utility regulatory case. Section 4 . Other Prohibited Acts. It shall be unlawful for a party to do any of the following during a utility regulatory case: (a) Make an offer of employment to a decision-maker. (b) Engage in disucssions with a decision-maker concerning past or future benefits or compensation. Section 5 . Handling Ex Parte Communication. (a) Written Communication. When possible, a decision- maker who receives a written prohibited ex parte communication or other prohibited act shall forward the communication, without reading it, to the City Clerk. A decision-maker who receives and reads a prohibited written ex parte communication or other prohibited act shall forward the communication to the City Clerk . , , � • . 9/8/87 `�,r� ..�� � ���_ . ' ' �72 S� Page 4 . within 48 hours of receipt, along with a signed state- ment of the source of and circumstances under which the communication was received and read. (b) Oral Communication. If a party makes or attempts to make a prohibited oral ex parte communication or engage in other prohibited act with a decision-maker, the decision-maker shall advise the party who makes or at�empts to make the communication that the com- munication is prohibited and shall immediately terminate the communication. If a prohibited ex parte communication or other prohibited act takes place, the decision-maker who receives the communi- cation shall forward to the City Clerk, within 48 hours, a signed and dated statement that includes the following information: 1. The name of the case. 2 . To the extent known, the name and address of the person making the communication and the relationship, if any, to the parties to the proceeding. 3 . The date and time of the communication, its duration, and means by and circumstances under which it was made. 4 . A summary of the matter discussed. 5 . Whether the party making the prohibited com- munication persisted after being advised that the communication was prohibited. (c) Notice to parties. The City Clerk shall send a copy of the statement to all parties involved in the utility regulatory case. The City Clerk shall also forward a copy of the statement to the St. Paul Police Department for investigation, and appropriate referral to prosecuting authorities . Section 6 . Sanctions. Subject to notice and hearing before the City Council a party who makes a prohibited ex parte communication or engages in other prohibited acts, or who encourages or solicits others to make an ex parte communication to a decision-maker is subject to any or all of the following sanctions: � WHITE - CITV CLERK 9/17/87 PINK -.FI,NANCE GITY OF SAINT PAUL F1eci1N0. � �l �� `J� CANARV - OEPARTMENT BLUE .�MAVOR . • . � • Ordin�nce Ordinance N�. ����(� Presented By � ^ � /�7��� Referred To Committee: Date Out of Committee By Date Page 5 . (a) A dismissal of the proceeding if the prohibited ex parte communication or other prohibited act has so prejudiced the proceeding that the Council cannot consider it impartially. (b) An adverse ruling on the pending issue that is the subject of the prohibited ex parte communication or other prohibited act, when other parties are pre- judiced by the prohibited ex parte communication or other prohibited act. (c) The striking of evidence or pleading when the evidence or pleadings are tainted by the prohibited ex par�e communication or other prohibited act. " Section 2 . This ordinance shall take effect and be in force thirty (30 ) days after its passage, approval and publication and shall be assigned an appropriate chapter number at the next revision of the Legislative Code. COUNCILMFN Requested by Department of: Yeas Nays Drew � _ Nicosia [n Favor Rettman sone�bei � Against BY Sonnen �+d�o L(�1Q/Q— Wi+lNw. n , VCT 2 8 �a7 Form Approved by City Attorney Adopted by Council: Date Certified Pass oun il Secr y BY By Appro by Mayor: ate �NOV — �+ �� Approved by Mayor for Submission to Council By ! pUBIISt�D :�{u'v 7 - 1987 . . , . � �7-i�aJ� COUNCIL FILS 87-1405 Page 2, Section 2(f ) , on line 7 add after representatives "authorized in writing to repr�sent their interests" . Section 2(g) , on line 4 add after representatives add "authorized in �ariting to represent its interest" . 6208C . . , , . . , , 1� �'7/�OS� ����� ' ' GITY OF SAINT PAUL �: Siii�liill� :eu t c:n� OFFIC� OF THE CITY COII�TCIL KIKI SONNEN Councilmember •� F��-E� MOLLY O'ROURKE , !', Legislative Aide ' � '� __j � --- ,, ;. MEMORANDUM DATE: September 18, 1987 T0: Connie Barry Randall Coleman Eugene Kraut Steve Garvey Hans Nyman FROM: Kiki Sonnen �� RE: I�Tew Ex Parte Ordinance On September 18th, I filed with the City Clerk the new ex parte ordinance regarding franchise proceedings. In addition, I have asked A1 Olson to schedule a public hearing on the ordinance for Wednesday,�Qctober 14th: The October 14th hearing will be the third of four readings of the ordinance. If the Council passes the ordinance October 21st and there are no additional layovers or continuances, the ordinance would be effective sometime around Thanksgiving, 1988. A copy of the new ordinance is enclosed. Highlights of the ordinance follow below. I believe this new ordinance is sufficiently different from the original one which was vetoed on legal grounds. The new ordinance includes: * The definition of "utility regulatory case" is clarified. The new definition maintains the broad coverage for franchise issues. It does not limit application to only "rate cases" as some of you have asked for. The new ordinance applies ex parte rules to any proceeding which must come before the Council under Chapter 16 of the City Charter or any franchise granted. The coverage is broad enough to include all regulatory matters that require Council deliberation. It does not include things such as power pole placement or channel realignment. * The second major change in the ordinance is the elimination of the section prohibiting gifts, favors, meals, entertainment, loans, contributions or other things valued over $50. Chapter 25 of the Administrative Code and Chapter 28 of the Legislative Code already deals with the issues of gifts and contributions, so these matters are not repeated in the ex parte ordinance. CTTY HALL SEVENTH FLOOR SAINT PAUL,MINNESOTA 55102 612/298-5378 s..�i�aa • . � . , . ° ���-/�D 5� � /75�'(o New Ex Parte Ordinance September 18, 1987 Page Two * The third major change in the ordinance is the removal of the misdemeanor sanction in Section 6. Since several Councilmembers were uncomfortable with the inclusion of a criminal sanction, the misdemeanor section has been removed. Sanctions against ex parte communications which remain in the ordinance are 1) dismissal of the proceeding, 2) adverse ruling on the issue, and/or 3) striking of evidence. I believe these sanctions along with the public outcry that would result from ex parte contacts are reasonably strong deterrents. If you have any questions on this issue, please call me at 298-5378. Otherwise, if you have comments on the new ordinance, please plan on participating in the October 14th public hearing. KS/mb .� Enc. cc: Bill Mahlum John Sprangers Terry Hoffman � Mayor Latimer Councilmembers �1. 'Qlson, City Clerk� Tom Weyandt, City Attorney's Office Gene Schiller, Finance Department Don Nygaard, Public Works ..r �•�• � . . ._ .—,�'_. _�. �. — --.. .— -- -- -- — - — -- — --- —. __ _ _ . _. -- ---- ---- -- — ---- - G Q 1MHITE - UTV CLERK � V ' PINK - FINANCE COUflClI �� �j BIUERr-MAVORTME~T GITY OF SAINT I�AUL File NO. ���/ ``l � � ` � Ordindnce Ordinance N0. Presented By � -��^ ,o �� �J�/�f Referred To Committee: Date Out of Committee By "-' Date • � An ordinance amending the St. Paul Adminis�rative� Code by adding a new chapter pertaining to ex arte contacts during franchise proceedings . , THE COUNCIL OF THE CITY OI' SAINT PAUL DOES OR IN: Section l. The Saint Paul Administra ive Code is hereby amended by enacting a new chapter to rea -as follows: � "Section 1. tatement of Purpos . The purpose of this . ordinance is t preserve the in egrity and independence of City Council reg latory functi n in franchise matters and to promote pu ic:�confid ce in the objectivity of the Council ' s decis ' ons. C ncil members and employees should maintain high tand rds of conduct to prevent . a co.nflict or the appe ce of a conflict between private interests and o icial duties. This code must be construed to secure th e objectives in keeping with the quasi-judici 1 re latory function of the Council. This ordi nce sha 1 only be applicable to a utility regulatory ase proce ing as defined hereunder. Section 2 . Defi itions. . (a) "Decisio making personnel" or "decision-maker" means and includes he Mayor, the acting Ma r when acting on behalf of t P�layor, and each member of e Council of the � City of Sa' t Paul. COUNCILMFN Yeas Nays Requested by Department of: Drew N;�os;e (n Favor Rettman s�n.�bei Against BY ���a� Tedesco Witwn . � / ' Form Approved by City ttorney Adopted by Council: Date CertiEied Passed by Council Secretary BY � By Approved by Mayor: Date Approved by Mayor for Submission to Council �� . ` 9/8/87 • . � ,�+ , . � Page 2 , (b) "Utility Regulatory Case" means a case or proceeding ' . for the resolution or consideration by the decision- making personnel of a new or amended rate schedule, or of any matter which is required by chapter 16 of the Charter or any franchise granted thereurrder to be heard by the Council of the City of Saint Paul upon notice. (�) "PendPncy of a Utility Regulatory Case" shall mean that - p�riod of time commencing iaith the filing with the City Clerk of ( 1) notice of new or amended ate schedule, or (2 ) other notice of any matter which hen filed with the City Clerk requires a hearing upo notice before the Council of the City of Saint Paul; upon the passage and publication of a resolut 'ondo�nding ordinance which purports to resolve the" mat rs or issues presented by the original document filed, u on the completion or termination of any litigati n challenging in whole or in part ny actions by decision making personnel . in regard to a Uti ' ty Regulatory Case, whichever date is later. (d) "Ex parte communica, 'on" means n oral or written off-the-record communicati made o decision-making � personnel, withot�t required otice to the parties, that is directed to influence or a em t to influence the merits or outcome of a utility gulatory case. This term does not inciude procedura , schedulin status inquiries or other inqu ' ie or requestsnfor information that have no bear' outcome of the proceeding, g on he merits or (e) "Material Issue" means an issue that may affect the merits or outcome of a,/utility regulat y case. ��. „ .. (f) Party means a pers,on, partnershi incorporation or entity YSy or against whomaasproaeeding before the Council is cafimenced or a person permit ed to intervene in a proceeding before the Council. A par includes a petitioner, competitor, complainant, inter venor, applicant or respondent, and their attorneys, agents or representatives. It shall not include employees of the City of Saint Paul assigned to review and report on utility regulatory cases . — (g) "Competitor" means another provider of a service in direct competition with that of a party and shall — include but not be limited to employees of the competing utility, its agents, attorneys and representatives. — .� .,rr.,...._ _, .. , - ,._,...-- ,' ' ' ' y/8/8 7 .�.�.r+'" - ' Page 3 . �h) "Required Notice" means a written communication delivered to the City Clerk not less than three prior to a meeting with any decision-makin �3� days • the purpose of which is to discuss a materialeissueel, The notice shall include the following: 1• Names of decision making personnel wrio will attend. 2 • Name of the party and its representa ' who will attend. tives - 3 • The time,, date and ! place of the meeting. ' I 4 • A list of all material issues which will � be discussed at the meeting. The City Clerk shall mail this reguired notice to an party who has filed a request to receive "such notices with the Cit y maker who willCattend thetmeetinernative, the d �.sion- parties by teleph e not less thanm24 hoursall interested the meeting and pro 'de the required inform p lor to Section 3 , ion. Ex Parte Co unications Proh' An ex parte communicatio ited. indirectly, shall not be m detorraateec y °r made between a decision-mak ted to be any material issue durin and a rty concerning regulatory case. g the ende cy of a utility Section 4 . Other Prohibited Act . It shall be unlawful for a par during a utility regulator y tO d any of the following y c se: �a) Make an offer of employ ent to a deci 'on-maker. �b� Engage in disucssions with a decision-make concerning past or f ure benefits or compen tion. Section 5 . Handling Ex arte Communication. �a) Written Communicati n. maker who receives a written prohibitedbex�parae�ision- communication or other prohibited act shall forward the communication, without reading it, to the Cit Clerk. - Y A decision-maker who receives and reads a prohibite written ex parte communication or other d act shall forward the communication to the�Citlted � y Clerk ., ,,........ _, ..._, . -- --- Bv II � . ' , - i ../ v / � . ' . Page 4 . within 48 haurs of recei ment of the source pt� alon the co °f and circumstancesa Slgned state- mmunication was received and read. under which � �b� Oral Communication. to make a prohibited Y makes or rf a part engaqe in other �ral ex parte communic attempts the decision-maker�hlbited act with a ation or or attem shall advise the decision-maker, munications tO make the communicationarty who is prohibited and that themakes terminate the �o shall com- ' parte communicatlonnication, immediately. place, the °r other If a prohibited ex cation decision-maker Whoprohibited act . shall forward receives the takes hours, a signed and tO the City Clerk CO�uni- the followin dated statement ' Within 48 9 information: that includes 1• The name of the •� case. - 2 • To the extent know the person makinq th the name and address of relationshi CO�unication and the proceeding. p� lf any� o the parties .y to the 3 • The date and time duration, and °f the c munication which it Was means by and c 'rcumstanc � lts • � made, s under 4 . A Su�arY �f� the matter discuss 5• Whether the munication Party making the pro i the communicationtWasafter ited com- bein ad ised prohibit that ��) Notice to � a COpy of the parties. statement The City lerk shal the utility regulator tO a11The ties involv Send also forward a co y �ase, in Paul Police py °f the state city Clerk sh 11 � aPProPriate Department for inves ent to the St. referral to prosecu lgation, and Section 6 , ing authorities. before Sanctions. Subjec ex parteh�oclty �ouncil a part tO notice and hearing acts �unication or e � Who makes a , or who encoura ngageS in other prohibited ex parte communicationstor solicits others prohibited tO any or all a decision- tO make an of the followin maker is sub ' 9 sanctions: 7ect . �, ,....,--• - � II By • +l ' ` ' , .i���Y . . _ _. '_ .._ . ._ —_. __'..__.-_'_____. .__'_ ___—�'__'____—'___.'..____. _ _ .f4 CLERK n/��/p� - FINAWCE t ..aARY -DEPAIiTMENT GITY OF SAINT ��AUL COUI1C1f ~•BLUE -MAYOR File N0. 1 Ordindnce Ordinance N0. Presented By _ IC.�X.� .� ^ ��lit�l D � � ��7��� Referred To Committee: Date Out of Committee By Date ' ` � , Page 5. ,. (a) � A dismissal of the proceeding if the prohibi.ted ex parte communication or ther prohibited �t has so prejudiced the proceedi that the Coun 1 cannot consider it impartially. (b) An adverse ruling on he pendin issue that is . the subject of the prohibit d ex pa te communication or other prohibited act, wh oth parties are pre- judiced by the prohibited ex ar communication or other prohibited act. r (c) The striking of evidence ar pleading when the evidence or pleadings are ta'nt�d by the prohibited ex parte communication or o her prohibited act. " . Section 2 . This ordinanc shall take effect and be in force thirty (30) days after �its p sage, ap roval and publication and shall be assigned an appropr ate chapt r number at the next revision of the Legislativ Code. � COUNC[LMFN Yeas Nays Requested by Department of: Drew Nieosia ln Favor Rettman S,���e�� Against BY Tadsaco Wilaon • % Adopted by Council: Date Form Approved by City Attorney Certified Passed by Council Secretary By � By Approved by Mayor: Date Approved by Mayor Eor Submission to Council � � � � �--7 i��5°"- � � r-i_�� r, ,,_ :, , _ -•-, ��� : � 11 .. . ..., " i ..: . . - �,- October 9, 1987 Council Member Kiki Sonnen 722 City Hall St. Paul, MN 55102 RE: New Ex Parte Ordinance Dear Council Member Sonnen : As I explained in our phone conversation, I will be out of town the week of October 12 and will be unable to attend the October 14th - hearing on the new ex parte ordinance; however, John Boland will attend the meeting. There are several things that are unclear to us about the proposed ordinance, and we would appreciate a clarification on the following points : 1. Does a site hearing for the placement of a shelter come under the regulations of this new ordinance? a. Since power pole placement and channel realignment are not included in this ordinance, wouldn't shelter rlacement also be excluded? b. If site hearings are included, when should the notification be given to the City Clerk? Upon submission of a site plan to the City staff? Upon notice of a scheduled public hearing for the site location? Only if a meeting is scheduled with decision-making personnel about this site? � c. What if the site is requested by a Councilmember and Ad Shelters, Inc. wishes to clarify that request prior to a public hearing? Does the three day notification apply to make a phone call to the Councilmember to clarify a question? d. Does the enforcement of the ex parte ordinance end the day the site is voted on? 2. Does the ordinance apply to changes in the franchise agreeMent? If so, do they also apply wYien the City requests a hearing for the purpose of franchise agreement changes? Are written or phone communications permitted to clarify any City requests? If changes are requested by the City, when does the ex pa.rte ordinance take effect? AD Shelters, Inc. • One Appletree Sguure • Suite 1026 • Minneapolis, Minnesota 55420 • (612) 854 1 XXI . • ' . �. 3. In your letter of September 18, 19t�7, it sta.ted that if passed, this ordinance would be effective sometime around Thanksgiving, 1g88, so this would not be in force for one year after passage? �. After notice is given thre� days prior to a meeting with ariy decision-making personnel, and the City Clerk sends a notice to any third parties th�t have filed a request for notice, then the meeting takes �lace on the appoirited day. At this meeting, are the third parties allowed to participate in the meeting, or must they remain strictly observers? - 5• If a lobbyist who works with Ad Shelters, Inc. part time meets with decision-making personnel on a matter for another client during the period of notification on an Ad Shelters ' issue, how do Ad Shelters and the lobbyist protect themselves from being accused of ex parte communication on the Ad Shelters issue? We certainly appreciate your help in clarifying these questions before this ordinance becomes effective. cerely, Connie Barry President CB/ms cc : Mayor Latimer � Councilmembers Al Olson, City Clerk Tom Weyandt, City Attorney's Office Gene Schiller, Finance Department Don Nygaard, Public Works Don Sebonia, Traffic Engineering Jim Stahnke, Traffic Engineering i James E. 0'Brien John Boland � �, �'(��j� -- Page 2 . �r, (b) "Utility Regulatory Case" me�'ns a case or proceeding for the resolution or considerat�s�'on by the decision-making personnel of a new or amended r��e schedule, or of any matter which is required by cha,�iter 16 of the Charter or any franchise granted thereund�r to be heard by the Council of the City of Saint Paul upor� notice. �t (c) "Pendency of a Utility �?egulatory Case" shall mean that period of time commenc��'ng with the filing with the City Clerk of (1 ) notice of.;knew or amended rate schedule , or (2) other notice of anyk"matter which when filed with the City Clerk requires a 'hearing upon notice before the Council of the City of Sa�nt Paul ; and ending upon the passage and publication vf a resolution or ordinance which purports to resolve the �natters or issues presented by the original document filed;' or upon the completion or termi- nation of any litigatia� challenging in whole or in part any actions by decisio;''i-making personnel in regard to a Utility Regulatory Caste, whichever date is later. (d) "Ex parte commur�(ication" means an oral or written off-the-record commu�iication made to decision-making personnel , without r;equired notice to the parties, that is directed to infli„ience or attempt to influence the merits or outcome o� a utility regulatory case. This term does not incl�`de procedural , scheduling, and status inquiries or other> inquiries or requests for information that have no beari;ng on the merits or outcome of the proceeding. r (e) "Material I�sue" means an issue that may have a sub- stantial bearing� on the merits or outcome of a utility regulatory case,� (f) "Party" m�ans a person, partnership, association, incorporation r entity by or against whom a proceeding before the Cou,�icil is commenced or a person permitted to intervene in a� proceeding before the Council . A party includes a pe�itioner, competitor, complainant, intervenor, applicant or �espondent, and their attorneys , agents or representativ;es. It shall not include employees of the City of Saint� Paul assigned to review and report on utility regulatory c�ses. � (g) "Compet�itor" means another provider of a service in direct competition with that of a party and shall include but not be limited to employees of the competing utility, its agents , attorneys and representatives . ' ' ' n `/-��;, . .; `J ! . � , � , � ' 9/8/87 Page 2 . (b) "Utility Regulatory Case" means a case or proceeding for the resolution or consideration by the decision- making personnel of a new or amended rate schedule, or of any matter which is required by chag�ter 16 of the Charter or any franchise granted the��under to be heard by the Council of the City of Sain�.'"Paul upon notice. (c) "Pendency of a Utility Reg�,i�atory Case" shall mean that period of time cc�tnmencing with the filing with the City Clerk of (1) not�.�e of new or amended rate schedule, or ( 2 ) other notice ,,�f any matter which when filed with the City Clerk rec�uires a hearing upon notice before the Council of the C�Ey of Saint Paul; and ending upon the passage and public�'ation of a resolution or ordinance which purports t� resolve the matters or issues presented by the origina7�'ydocument filed, or upon the completion or terminatio of any litigation challenging in whole or in part any ac�ions by decision-making personnel in regard to a Utility3'Regulatory Case, whichever date is later. � (d) "Ex parte commu, ication" means an oral or written, off-the-record comm�nication made to decision-making personnel, without �'required notice to the parties, that is directed to inf�uence or attempt to influence the merits or outcome of a utility regulatory case. This term does not inq�ude procedural, scheduling, and status inquiries,�or other inquiries or requests for information tha#� have no bearing on the merits or outcome of the '�roceeding. � have a substantial bearing on (e) "Materia]�F Issue" means an issue that may �x �-c�c.-� the merits or�` outcome of a utility regulatory case. �� ( f) "Party"` means a person, partnership, association, incorporati n or entity by or against whom a proceeding before the ouncil is commenced or a person permitted to intervene ' n a proceeding before the Council. A party includes a petitioner, competitor, complainant, inter- venor, applicant or respondent, and their attorneys, agents or representatives . It shall not include employees of the City of Saint Paul assigned to review and report on utility regulatory cases . (g) "Competitor" means another provider of a service in direct competition with that of a party and shall include but not be limited to employees of the competing utility, its agents, attorneys and representatives .