1997-05 Ex Parte CommunicationsRESOLUTION NO. 97-5
A RESOLUTION OF THE CITY OF OKEECHOBEE FLORIDA RELATING
TO ACCESS TO LOCAL PUBLIC OFFICIALS; PROVIDING A DEFINITION
OF LOCAL PUBLIC OFFICIALS; PROVIDING FOR ACCESS TO PUBLIC
OFFICIALS; AUTHORIZING INVESTIGATIONS AND RECEIPT OF
INFORMATION; REQUIRING DISCLOSURE OF EX PARTE
COMMUNICATIONS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, government in Florida is conducted in the sunshine pursuant to
Chapter 286, Florida Statutes; and
WHEREAS, the public should be able to voice its opinions to local elected public
officials; and
WHEREAS, elected and public officials are presumed to perform their duties in a
lawful and proper manner; and
WHEREAS, quasi-judicial decision-making must be based on competent,
substantial evidence of record; and
WHEREAS, local elected public officials have been obstructed or impeded from the
fair and effective discharge of their sworn duties and responsibilities due to expansive
interpretations of Jennings v. Dade County, a decision rendered by the Third District Court
of Appeal; and
WHEREAS, Section 5, Article I of the Florida Constitution gives the people the right
peaceably to assemble, to instruct their representatives, and to petition for regress of
grievances.
that:
NOW, THEREFORE, BE IT RESOLVED THE CITY OF OKEECHOBEE, FLORIDA
SECTION ONE: AUTHORITY
Pursuant to Subsection 286.0115, Florida Statutes, CITY OF OKEECHOBEE
has the authority to enact this Resolution which removes the presumption of
prejudice from ex parte communications with local officials by establishing the
process set forth herein to disclose such communications.
SECTION TWO: DEFINITION
. As used in this Section, the term "local public official" means any elected or
appointed public official holding a City office who recommends or takes quasi-
judicial action as a member of such board or commission.
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SECTION THREE: ACCESS PERMITTED
A. Any person not otherwise prohibited by statute, charter provision, or ordinance
may discuss with any local public official the merits of any matter on which action
may be taken by a board or council on which the local public official is a member.
Adherence to the following procedures shall remove the presumption of prejudice
arising from ex -parte communications with local public officials.
(1) The substance of any ex -parte communication with a local public official
which relates to quasi-judicial action pending before the official is not
presumed prejudicial to the action if the subject of the communication and
the identity of the person, group, or entity with whom the communication took
place is disclosed and made a part of the record before final action on the
matter.
(2) A local public official may read a written communication that relates to quasi-
judicial action pending before the local public official shall not be presumed
prejudicial to the action and such written communication shall be made a
part of the record of the board or commission before final action on the
matter.
(3) Local public officials may conduct investigations and site visits and may
receive expert opinions regarding quasi-judicial action pending before them.
Such activities shall not be presumed prejudicial to the action if the existence
of the investigation, site visit, or expert opinion is made a part of the record
before final action on the matter.
(4) Disclosure made pursuant to paragraphs (1), (2) and (3) must be made
before or during the public meeting at which a vote is taken on such matters,
so that persons who have opinions contrary to those expressed in the ex -
parte communication are given a reasonable opportunity to refute or respond
to the communication.
SECTION FOUR: This resolution shall become effective immediately upon
adoption by the City Council.
INTRODUCFD.'And ADOPTED November 4, 1997.
ATTEST:
BONNIE S. THOMAS, CMC
CITY CLERK
APPROVED FOR L G SUFFICIENCY:
JOHN R. COOK, CITY ATTORNEY
JAMES E. KIRK, MAYOR
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