HomeMy WebLinkAboutResolution 753 Rights of Citizens
RESOLUTION NO. 753
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, CONFLICTS AND EFFECTIVE
DATE.
WHEREAS, 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
contracts between elected public officials and their constituents; and
WHEREAS, Article I, Section 5 of the Constitution of the State of Florida
provides that "the 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 their government;
and
WHEREAS, 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
WHEREAS, 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 citizen to his or her local elected official when making land use decisions
and other quasi-judicial decisions,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF WINTER SPRINGS,
FLORIDA, THAT:
SECTION I - The Seminole County Legislative Delegation is urged to
study the recent decisions of Florida's Courts such as Jennings v. Date County and support
passage of the attached joint 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 insuring that citizens may freely and openly
instruct and petition their elected local officials.
SECTION II - A copy of this Resolution shall be provided to each member
of the Seminole County Legislative Delegation, to each city commission in Seminole
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 PUb~l.iC
q ~::;-
PASSED AND ADOPTED this --Ii- day of . . . ,1995.
CITY OF WINTER SPRINGS
ATTEST:
0t41fA~J~
CITY. . LERK .