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The Chairman CALLED THE QUESTION and the <br />Motion carried unanimously. The Board directed <br />legal staff to review the draft Resolution and bring it <br />back before the Board on December 23, 2008, with <br />comments and suggestions for finalization, as <br />recommended in the memorandum of December 8, <br />2008. <br />14.A. 2. DISCUSSION REGARDING EX PARTE COMMUNICATIONS AND QUASI <br />JUDICIAL MATTERS <br />Chairman Davis sought legal opinion on the proposed Disclosure Form (page <br />390 of the backup) for the Commissioners to disclose any ex parte conversations they may <br />have prior to a quasi-judicial matter. He declared that he would like the opportunity to have <br />conversations with his constituents and to subsequently disclose those conversations. <br />Chairman Davis added that although he would like the Board's support on this, he was not <br />saying that each Commissioner had to follow his example. <br />Attorney Collins stated that the substance of any ex parte conversation should be <br />added to the Disclosure Form, discussed the two alternative procedures laid out in Statute <br />286.0115 (pages 391 and 392 of the backup), and recommended that the Board follow Chapter <br />286.0115(1)(a), subsections (c)1 -(c)4, whereby communications and the identity of the person <br />with whom they took place are disclosed and made part of the record before final action. <br />Deliberations ensued as Commissioners discussed whether it was preferable to <br />use the Disclosure Form, or to limit communications to an open forum discussion, when <br />something was quasi-judicial in nature. <br />43 <br />December 16, 2008 <br />