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12/22/94(reso\exparte)vk RZBOLUTION 90. 95-_QL. A RESOLUTION OF THE BOARD OF COUNTY COMMIBBIONERS of INDIAN RIVER COUNTY, FLORIDA, ADVOCATING AN AMENDMENT TO THE /TATE CONSTITUTION WHICH No= RESTORZ AND REOPEN 00101UNICATION CNANNILB BETWEEN ELECTED OFFICIALB AND THEIR CONSTITUENTS. MHZRBAB, recent court decisions have resulted in the potential for communications between elected public officials and their constituents being chilled as to important community matters including many types of land -use decisions and similar quasi-judicial matters; and WHEREAS, these decisions impact written, telephonic, and personal contacts between elected public officials and their constituents; and NHEREAS, Article I, Section 5 of the Constitution of the State of Florida provides that "(t)he people shall have the right ... to instruct their representatives, and to petition for redress of grievances" (emphasis added) and the United States Constitution provides for protection of each citizen's right to speak to and petition hie/her government; and NHERZAS, elected officials may become timid in their responsiveness to their constituents by reason of the potential legal entanglements which may result from controversial ex parte communications; and NHERZAS, the passage of appropriate legislation may serve as a mechanism to restore and reopen communication channels between elected officials and their constituents by establishing procedures and regulations providing for the free and full access of each citizens to his/her local elected official when making land -use decisions and other quasi-judicial decision; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The Indian River County Legislative Delegation is urged to study the recent decisions of Florida's courts, such as Jennings v. Dade County and support passage of the attached join; resolution proposing an amendment to the State Constitution which, upon approval by the voters, would protect communication channels between elected officials and their constituents by ensuring that citizens may freely and openly instruct and petition their elected local officials.