1995-03 Communication with ConstituentsRESOLUTION 95-3
A RESOLUTION OF THE CITY OF OKEECHOBEE,
FLORIDA, ADVOCATING AN AMENDMENT TO THE STATE
CONSTITUTION WHICH WOULD RESTORE AND REOPEN
COMMUNICATION CHANNELS BETWEEN ELECTED
OFFICIALS AND THEIR CONSTITUENTS.
WHEREAS, recent court decisions have resulted in the potential for
communications between elected public officials and their constituents being chilled as
to important community matters including types of land -use decisions and similar quasi-
judicial matters; and
WHEREAS, these decisions impact written, telephonic, and personal contacts
between elected public officials and their constituents, and
WHEREAS, Article I, Section 5 of the Constitution of the State of Florida provides
that "[t]he people shall have the right... to instruct their representatives, and to petition
for redress of grievances" (emphasis added) and the United States Constitution provides
for protection of each citizen's right to speak to and petition his/her government; and
WHEREAS, elected officials may become timid in their responsiveness to their
constituents by reason of the potential legal entanglements which may result from
controversial ex -parte communications, and;
WHEREAS, the passage of appropriate legislation may serve as a mechanism to
restore and reopen communications channels between elected officials and their
constituents by establishing procedures and regulations providing for the free and full
access of each citizen to his/her local elected official when making land -use decisions
and other quasi-judicial decisions;
1�1
1
NOW, THE
BEFORE, BE IT RESOLVED BY THE CITY OF OKEECHOBEE,
FLORIDA, that:
Okeechobee County Legislative Delegation is urged to study the recent
1. The
support passage of
Florida's courts, such as Jennings v. Dade Countv and
decisions of
the attached joint resolution proposing an amendment to the State Constitution which,
upon approval
b the voters, would protect communication channels between elected
y
officials and
their constituents by ensuring that citizens may freely and openly instruct
and petition their elected officials.
2.
A copy of this Resolution shall be provided to each member of the
Okeechobee County Legislative Delegation, to the Board of County Commissioners, to
the Florida
Association of Counties, and to the Florida League of Cities by the City Clerk.
APPROVED AND ADOPTED this 21st day of Februa , 1995.
ATTEST:
BONNIE S. THOMAS, CMC
City Clerk
K
S E. -KIRK,
MAYOR