HomeMy WebLinkAboutResolution 2001-14 Ex-Parte Communications
RESOLUTION NO. 2001-14
A RESOLUTION OF THE CITY OF WINTER SPRINGS, SEMINOLE
COUNTY, FLORIDA; ADOPTING THE PROVISIONS OF SECTION
286.0115, FLORIDA ST A TUTES, THEREBY REMOVING THE
PRESUMPTION OF PREJUDICE FROM EX-PARTE COMMUNICATIONS
WITH THE CITY COMMISSION MEMBERS AND OTHER CITY
BOARDS; ESTABLISIDNG A PROCESS TO DISCLOSE EX-PARTE
COMMUNICATIONS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, government in Florida and the City of Winter Springs is conducted in the
Sunshine pursuant to Chapter 286, Florida Statutes; and
WHEREAS, the public should be able to voice its opinion to the elected Commission
members; and
WHEREAS, elected Commission members are presumed to perform their duties in a
lawful and proper manner; and
WHEREAS, quasi-judicial decision making must be based on competent substantial
evidence of record; and
WHEREAS, the City Commission members of the City of Winter Springs, Florida and
other City Boards have been obstructed or impeded from the fair and effective discharge of their
duties and responsibilities due to the expansive interpretations of Jennings v. Dade County, a
decision rendered by the Third District Court of Appeals for the State of Florida; and
WHEREAS, the State of Florida, pursuant to House Bill No.5, has adopted and created
Section 286.0115, Florida Statutes, to provide access of the public to local public officials and
provides a procedure for requiring disclosure of ex-parte communications; and
WHEREAS, Section 286.0115, Florida Statutes, provides that a municipality may adopt
City of Winter Springs
Resolution No,200I-14
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by Resolution the authority and procedures set forth therein to remove the presumption of
prejudice from the ex-parte communications.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS:
SECTION 1. Ex-Parte Communications Permitted. Section286.0115, Florida Statutes,
is hereby adopted in its entirety for the purposes of removing the presumption of prejudice from
ex-parte communications with City Commission members and other City Board members of the
City of Winter Springs, Florida, and for the purpose of adopting the procedures set forth in
Section 286.0115, Florida Statutes.
SECTION 2. Repeal of Prior Inconsistent Resolutions. All resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
SECTION 3. Severability. Should any section or provision of this resolution, or any
portion hereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part
thereof to be declared invalid.
SECTION 4. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida.
RESOLVED by the City Commission of the City of Winter Springs. Florida, Jr. a regular
meeting assembled on the 29th day of May 2001.
Paul Partyka, Mayor
ATTEST:
Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
Resolution No,2001-14
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