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HomeMy WebLinkAbout1995-00212/22/94(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. t Ll RESOLUTION NO. 95- 02 2. A copy of this resolution shall be provided to each member of the Indian River County Legislative Delegation, to each city council in Indian River county, to each county commission in the state, to the Florida Association of Counties, and the Florida League of Cities by the Office of the County Attorney and the contents of this resolution shall be otherwise widely distributed to the public. The resolution was moved for adoption by Commissioner Eggert , and the motion was seconded by Comsdssioner Adams , and, upon being put to a vote, the vote was as follows: Chairman Kenneth R. Macht Aye Vice Chairman Fran B. Adams Aye comnissionerCarolyn K. Eggert Aye commissioner John W. Tippin Aye commissioner Richard N. Bird Aye The Chairman thereupon declared the resolution duly passed and adopted this 3 day of January , 1995. Jeff y Barto or Attachment: Joint Resolution BOARD OF COUNTY COMMISSIONERS INDIANR R COUNTY,TRIDA r Kenneth R. Macht Chairman min N.r� C� A Jr�.'r1 La tL HISS Mgr. to Joint Resolution No. A joint resolution proposing an amendment to Article I, Section 5 of the State Constitution relating to the right of citizens to assemble and instruct their representatives. BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF FLORIDAs That the amendment to Section 5 of Article i of the State Constitution set forth below is agreed to and shall be submitted to the electors of Florida for approval or rejection at the general election to be held in November, 1996: SECTION 5. Right to assemble and instruct representatives. The people shall have the right to peaceably assemble, to instruct their representatives, and to petition for redress of grievances. The right to instruct renrese;*gtiyes shall include but not be Limited to, the icrhr of the aeon p to con amt and intstrurt their local government oubl i official sx without -being const a i ned with regard toex Datta commune cation cons ideati ona nrn., 1 however, that this provision shall not elim nate anv provision o law now in effect or which becomes effective in the future relative to ethics in cove nment. BE IT FURTHER RESOLVED that in accordance with the require- ments of section 101.161, Florida Statutes, the title and substance of the amendment proposed herein shall appear on the ballot as follows: EX PARTE COMMUNICATION WITH LOCAL GOVERNMENT OFFICIALS Proposing an amendment to Section 5 of Article I of the State Constitution providing for and authorizing ex parte communications between citizens and their local government officials. Ex part* communications with local government officials. - Proposing to amend the Sate Constitution by adding a provision to Section 5 of Article I authorizing citizens to contact their local government officials and engage in ex parte communications provided that such communications do not violate a provision of State law relating to ethics in government.