HomeMy WebLinkAboutOrdinance 2023-08 Ex-parte CommunicationsORDINANCE NO. 2023-08
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA* AMENDING THE CITY OF WINTER
SPRINGS CODE OF ORDINANCES, SECTION 2-30 REGARDING
THE PROCEDURES USED BY THE CITY COMMISSION FOR
DISCLOSING EX-PARTE COMMUNICATIONS; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE CODE,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Commission desires to amend Section 2-30 of the City Code regarding
City Commission quasi-judicial rules related to the procedures used by the Mayor and
Commissioners for disclosing exparte communications; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Commission of the City of
Winter Springs,
Section 2. Code Amendment. Section 2-30 of the City Code is hereby amended as follows
(underlined type indicates additions and st-rilceeut type indicates deletions, while asterisks (* * *)
indicate a deletion from this Ordinance of text existing in Section 2-30. It is intended that the text in
Section 2-30 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from
the language existing prior to adoption of this Ordinance):
Sec. 2-30. Quasi-judicial rules and procedures of the city commission.
(11) Ex paste comm�rnicatio�as. The mayor and city commissioners will neither knowingly initiate
nor consider ex paste communications not disclosed on the record concerning the merits of any quasi-
judicial application that is currently filed with the city that requires a decision by pending be f . the
city commission or- that the mayor of eity commissionelAs i1cwtielAtq
with the MIT ��Ios
within one hundred eighty (180) days after- the date of any sueh
communie To the extent feasible and practicable, the mayor or city commissioners sad shall
avoid ex parte communications concerning the merits of any such application. Applicants, party
intervenors, and any other non -city staff persons desiring to discuss the merits of such Applications
or to provide written documents that would be considered ex parte communications should be
directed to contact the city manager or his or her designee responsible for processing the application.
The city manager or his or her designee will be responsible for handling the discussion or written
communication in a mariner deemed appropriate. The city manager or his or designee will be
responsible for scheduling and conducting all meetings, and handling all official communications
between the city (and its officials and employees) and applicants and party intervenors.
City of Winter Springs
Ordinance No. 202M8
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a. Pursuant to F.S. § 286.01155 if the mayor or any city commissioner receives and/or sends ex
parte communications regarding any application filed with the city, the mayor or any city
commissioner must publicly disclose such communications before or during the hearing at which a
vote is taken on the quasi judicial matter, so that persons who have opinions contrary to those
expressed in the ex parte communications are given a reasonable opportunity to refute or respond to
the communications. Specifically, to facilitate the mayor's and commissioner's responsibilities to
disclose ex parte communications, the mayor and commissioners shall notify the city clerlc of any
such communication prior to the meeting at which the application will be heard. Notification shall be
provided as soon as reasonably practicable after the communication occurs by either forwarding
written communications to the city clerk, or if a verbal communication, providingthe he city clerk with
the contact person(s) name, the date of the communication and the general substance of the
communication. The city clerk will be responsible for maintaining a log;/file of ex parte
communications, if any, for each pending application. The mayor and commissioners shall be
responsible for keeping their ex parte communications contained in the log/file updated and current.
The city clerk's log/file, and any other ex parte communications which the mayor and commissioners
may not have had an opportunity to provide to the city clerk to the hearing, will be placed on
the record at the hearings the substanee of all eommunieations reeeived and all oral
fesponses made will be plaeed on the reeord.
b. This subsection (11) is not intended to prohibit the mayor and city commissioners from
making official inquiries of, or obtaining advice from, the city manager, city staff and city attorney in
their respective official capacities.
c. This subsection (11) is not intended to preclude the mayor and city commissioners from
communicating with constituents and members of the public regarding the general existence or status
of any application nor preclude the mayor or any city commissioner from attending community or
homeowner's association meetings which are generally open to city residents and constituents at
which an application may be discussed. In such circumstances, the mayor and city commissioners
will neither knowingly initiate nor participate in ex parte communications regarding the merits of any
application.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. Ail prior inconsistent
ordinances and resolutions adopted by the City Commission, or parts or ordinances and resolutions in
conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation into Code. This Ordinance shall be incorporated into the Winter
Springs City Code and any section or paragraph, number or letter, and any heading may be changed
or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors
may be corrected and additions, alterations, and omissions, not affecting the construction or meaning
of this ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word, or provision
of this ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a
separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this ordinance.
City of Winter Springs
Ordinance No. 2023-08
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Section 6. Effective Date. This Ordinance shall become effective upon adoption by the City
Commission of the City of Winter Springs, Florida, and pursuant to City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the " day of , 2023.
ATTEST:
Christian Gowan, City Clerk
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY FOR THE CITY
OF WINTER SPRINGS ONLY:
Anthony A. Garganese, City Attorney
First Reading:
Legal Ad: I
Second Reading:
Kevin McCann, Mayor
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City of Winter Springs
Ordinance No. 2023-08
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