Res 02-96 RESOLUTION NO. 2-96
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ADOPTING DISCLOSURE PROCEDURES
RELATED TO EX PARTE COMMUNICATIONS WITH PUBLIC
OFFICIALS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida has
recently revised Chapter 286, Florida Statutes, in order to allow the
public to voice its opinions to local public officials, both elected
and appointed, so long as certain disclosure procedures are followed;
and
WHEREAS, the State Legislature has determined that in order
to remove the presumption of Prejudice from ex parte communication
with local appointed and elected public officials, a municipality must
adopt disclosure procedures, either by ordinance or by resolution in
accordance with Section 286.0115, Florida Statutes; and
WHEREAS, the City Commission of the City of Delray Beach
desires to adopt such disclosure procedures in order to allow the
greatest public access possible under law to its elected and appointed
public officials who act in quasi-judicial proceedings and, therefore,
desires to adopt an appropriate disclosure process.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, hereby adopts the following public disclosure process
relating to elected and/or appointed public officials who hold
positions on any board, committee or commission charged with making
recommendations and/or taking final action on any quasi-judicial
proceeding:
ACCESS PERMITTED: Any person not otherwise
prohibited by statute, charter provision or ordinance
may discuss with any local public official (elected
and/or appointed) the merits of any matter on which
quasi-judicial action may be taken by any board,
committee or commission on which the local public
official is a member, so long as the following
process is observed:
(1) The, substance of an ex parte communication with
a local public official (appointed and/or
elected) which relates to quasi-judicial action
pending before the official shall not be
presumed prejudicial to the action if the
subject of 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 from any person. However, a
written communication that relates to quasi-
judicial action pending before a local public
official shall not be presumed prejudicial to
the action and such written communication shall
be made a part of the record 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 communications.
~g&~Q/L_~_~ That this resolution does not subject local
public officials to Part III of Chapter 112, Florida Statutes, for not
complying with this section.
Section 3. That this resolution shall take effect
immediately upon'passage.
PASSED AND ADOPTED in regular session on this the 9th day of
January, 1996.
- City Cle ~/k
- 2 - Res. No. 2-96
Anita:
Re Res. No. 2-96 passed and adopted 1/9/96, a copy should be sent
to the following:
Diane Dominguez
Jasmin
Lula Butler
Norma Smith
Also, please make sure that the members of the boards/committees
which take quasi-judicial action (that you handle) are provided
with a copy of this resolution.
Thank you.
rlT¥ JIF I]ELIII:IV BEI:I[H
FA C g i ~,~. i ~, E 4 ~} 7/27 :~ ·; ? 5 ? Writer's Direct Line: (407) 243-7091
DELRAY BEACH
Ali.America City MEMORANDUM
' ll Z
DATE: December 14, 1995
1993
TO: City Commission
David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Disclosure Rules - Ex Parte Communications
Florida Statutes 286.0115 authorizes cities to adopt an ordinance or resolution for the
disclosure of ex parte communications (those communications which may occur outside
of the hearing) in order to remove the presumption of prejudice from such
communications. Cities are not mandated to adopt a procedure, however, to avoid the
presumption of prejudice, a procedure must be adopted and implemented or ex parte
communications should be prohibited.
Attached, please find a draft resolution and a copy of the state law authorizing the
procedure. The draft resolution incorporates the provisions required by state law.
Please call me if you have any questions.
Attachment
cc: Diane Dominguez, Director of Planning and Zoning
Lula Butler, Director of Community Improvement
exparte, sar
Pr/nted on f?ecyc/ed Paper