95-26 v RESOLUTION NO. 95- 26
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
ADOPTING DISCLOSURE PROCEDURES RELATED TO EX PARTE
COMMUNICATIONS WITH PUBLIC OFFICIALS IN ACCORDANCE WITH
NEWLY ADOPTED SECTION 286. 0115, FLORIDA STATUTES, AND
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 proceedings 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 resolu-
tion, in accordance with Section 286. 0115, Florida Statutes, and
WHEREAS, it is desire of the City Commission to adopt such
disclosure procedures in order to allow the greatest public access
possible under the 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 Atlantic Beach as follows:
SECTION 1. The City Commission of Atlantic Beach hereby
adopts the following public disclosure process relating to elected
and/or appointed public officials who hold positions on any board,
council 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, council or
commission on which the local public official is a
member, so long as the following process is observed:
(1) The substance of any 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 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 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
communication. This section does not subject local
public officials to part III of Chapter 112 for not
complying with this subsection.
SECTION 2 . This Resolution shall take effect immediately upon
its final passage and adoption.
PASSED by the City Commission this J/ day of September, 1995.
ATTEST:
/
MA kiLL
EEN KING ( AN T. FL TCHER
City Clerk Mayor, Presiding Officer
Approved as to form and correctness:
//•N C. ENSEN, ESQUIRE
City orney