1/31/2018 2:29:43 PM
9/30/2015 5:46:32 PM
Agenda Item Number
Receipt and Disclosure of ex-parte communications
On Quasi-Judicial Matters
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RESOLUTION NO. 2009-004 <br />A RESOLUTION OF THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, <br />PROVIDING FOR THE RECEIPT AND DISCLOSURE OF EX - <br />PARTE COMMUNICATIONS ON QUASI-JUDICIAL MATTERS. <br />WHEREAS, constituents as well as applicants for approval of quasi- <br />judicial projects are desirous of conveying their points of view on such <br />projects to the elected and appointed officials who make decisions and <br />recommendations on such projects; and <br />WHEREAS, quasi-judicial projects include, but are not limited to, <br />rezonings not submitted contemporaneously with comprehensive plan <br />amendments; special exceptions; administrative permits; subdivision <br />plats; site plans and variances; and <br />WHEREAS, one-sided or "ex -parte" contacts are presumed <br />prejudicial to those with other points of view. See Jennings v. Dade <br />County, 589 So.2d 1337 (3d DCA) 1991; and <br />WHEREAS, the Florida Legislature has adopted a statutory process <br />to remove the presumption of prejudice by establishing a process to <br />disclose ex -parte communications; and <br />WHEREAS, the Board of County Commissioners finds <br />communications when timely disclosed, are subject to rebuttal by persons <br />of differing opinions, <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: <br />Pursuant to the statutory authority of section 286.0115(1)(c)(2), <br />Florida Statutes, a local public official may communicate with any person, <br />group or entity which pertains to a quasi-judicial matter pending before <br />that official so long as the public official DISCLOSES: <br />1. The identity of the person, group or entity with whom the <br />communication is made in a form substantially similar to that form <br />attached to this resolution as "Attachment A"; and <br />2. The subject of the communication. <br />
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