HomeMy WebLinkAbout2009-004RESOLUTION 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.
RESOLUTION NO. 2009-004
Each commissioner may set his own policy whether to speak,
record, etc.
The Public Official shall forward the disclosure to the County
Administrator who shall coordinate with the appropriate department head
to ensure the disclosure is included in the agenda item pertaining to the
quasi-judicial matter at issue, so that it is made a part of the public record
prior to final action on the matter.
BE IT FURTHER RESOLVED that any person registering with a
County department to be on an e-mail distribution list with respect to a
project be provided the disclosed communication by the department as
soon as possible.
This Resolution was moved for adoption by Commissioner Solari,
and the motion was seconded by Commissioner Davis, and, upon being
put to a vote, the vote was as follows:
Chairman Wesley S. Davis
AYE
Vice Chairman Joseph E. Flescher
NAY
Commissioner Gary C. Wheeler
AYE
Commissioner Peter D. O'Bryan
AYE
Commissioner Bob Solari
AYE
Whereupon the Chairman declared the resolution duly passed and
adopted this 13th day of January, 2009.
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
By' ,2
ATTEST: J.K. Barton, Clerk Wesley S. Mvis, Chairman
Deputy Clerk
APPROVED AS TO DORM
ANp {„E,Q1y�,r OF FM1ENCV
WILLIAM Q. COLUNS N
COUNTY ATTORNEY
2
DISCLOSURE OF COMMUNICATIONS
ON QUASI-JUDICIAL MATTER
On , 200_ I, , had
communication in the form of:
with:
phone call
letter
e-mail
(name)
neutral, information only
in support of because
against because
a quasi-judicial application for a(n):
note
office visit
chance encounter
permit
administrative permit
special exception
subdivision plat approvals
rezoning (not associated with comprehensive plan
amendment)
variance
appeal
other:
(specify)
for a project commonly known as
located at
printed name of Public Official
signature of Public Official
"ATTACHMENT A"
Date