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