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ON MOTION by Commissioner Eggert, SECONDED by <br />Commissioner Adams, the Board unanimously adopted <br />Resolution 95-02, Advocating an Amendment to the <br />State Constitution Which Would Restore and Reopen <br />Communication Channels Between Elected Officials and <br />Their Constituents, as recommended by staff. <br />12/22/94(reso\exparte)Vk <br />RESOLUTION NO. 95- 02.- <br />A <br />2� <br />A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA, ADVOCATING AN <br />AMENDMENT TO THE STATE CONSTITUTION WHICH WOULD <br />RESTORE AND REOPEN COMMUNICATION CHANNELS BETWEEN <br />ELECTED OFFICIALS AND THEIR CONSTITUENTS. <br />WHEREAS, recent court decisions have resulted in the potential for <br />communications between elected public officials and their constituents being <br />chilled as to important community matters including many types of land -use <br />decisions and similar quasi-judicial matters; and <br />WHEREAS, these decisions impact written, telephonic, and personal <br />contacts between elected public officials and their constituents; and <br />WHEREAS, Article I, Section 5 of the Constitution of the State of <br />Florida provides that "[t]he people shall have the right ... to instruct <br />their representatives, and to petition for redress of grievances" (emphasis <br />added) and the United States Constitution provides for protection of each <br />citizen's right to speak to and petition his/her government; and <br />WHEREAS, elected officials may become timid in their responsiveness to <br />their constituents by reason of the potential legal entanglements which may <br />result from controversial ex parte communications; and <br />WHEREAS, the passage of appropriate legislation may serve as a mechanism <br />to restore and reopen communication channels between elected officials and <br />their constituents by establishing procedures and regulations providing for <br />the free and full access of each citizens to his/her local elected official <br />when making land -use decisions and other quasi-judicial decision; <br />JANUARY 3, 1995 11 <br />BOOK FAl,t <br />