Loading...
1995-032 Disclosure Procedures for Ex Parte Communications RESOLUTION NO. 32-95 A RESOLUTION OF THS VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING DISCLOSURE PROCEDURES RELATED TO SX PARTE COMMUNICATIONS WITH PUBLIC OFFICIALS IN ACCORDANCE WITH NEWLY ADOPTED LBGISLATION WHICH IS CODIFIED AT SECTION 286.0115, FLORIDA STATUTES; AND; PROVIDING FOR 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 parts communication with local appointed and elected public officia]s; a municipality must adopt disclosure procedures, either by Ordinance or by Resolution in accordance with Section 286.0115, Florida Statutes; and WHEREAS, the Village Council of the Village of North Palm Beach desires to adopt such disclosure procedures in order to allow the greatest public access possible under the law to elected and appointed members of the Village Council who act in quasi-judicial t proceedings and, therefore, desires to adopt an appropriate disclosure process. ' BE IT RESOLVED BY THS VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach hereby adopts the following public disclosure process relating to elected and appointed members of the Village Council 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 members of the Village Council the merits of any matter on which quasi-judicial action may be taken by the Village Council, so long as the following process is observed: (1) The substance of any ex parte ' communication with members of the Village Council 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) The members of the Village Council may read a written communication from any person. However, 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 before final action on the matter. (3) Village Council members 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 1 1 upon its adoption. PASSED AND ADOPTED THIS 27th DAY OF JUIy 1995. (Village Seal) AT'{'ES ~-- VILLAGS CLERK ~ MAYOR