R95-099RESOLUTION NO. R95-~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, ADOPTING
DISCLOSURE PROCEDURES RELATED TO EX PARTE
COMP/U/qICATIONS WITH PUBLIC OFFICIALS IN
ACCORDANCE WITH NEWLY ADOPTED LEGISLATION
WHICH IS CODIFIED AT 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 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 orby Resolution in accordance with Section 286.0115,
Florida Statutes; and
WHEREAS, the City Commission of the City of Boynton beach
desires 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 BOYNTON BEACH, FLORIDA, THAT:
Section 1, The City Commission of the City of Boynton
Beach, Florida hereby adopts the following public disclosure
process relating to elected and/or appointed public officials
who hold positions on any board, 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 or
commission on which the local public
official ms 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 identify of the
persons, 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 meetzng 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, That this Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED this ~ day of July, 1995.
CITY OF BOYNTON BEACH, FLORIDA
~' ~Vice Mayor
~ro
~ ~/; ~ayor Tem
~ ~' ommis i ~ e
ATTEST:
Ci~ Clerk
(Corporate Seal)
Authsig.doe
ExParte.Res
Procedure - 6/29/95