HomeMy WebLinkAbout2001 05 29 Consent C Resolution 2001-14
COMMISSION AGENDA
ITEM C
Consent X
InfOlmational
Public IIearing
Regular
May 29.2001
Mecting
r tiffi{f}/O I
Mgr. I Att. I
Dept.
REQUEST:
The City Attomey requests the City Commission consider approving Resolution 2001-14 in
accordance with Section 286.0115, Florida Statutes, which would establish a procedure Lo remove
the presumption of prejudice arising from ex-parte communications with local City officials.
PURPOSE:
The purpose of this Agenda Item is to adopt the procedure set forth in Section 286.0115, Florida
SWJuJe.\', whieh would remove the preswnption of prejudice arising from ex-parte communications
""i.th local City officials who recommend or take quasi-judicial actions as a memher of a hoard or
commiSSion.
APPLICABLE LA WAND PUBLlC POLICY:
Jennings v. Dade County, 589 SO.2d 1337 (Fla. 3d DCA 1991).
Section 286.0115, Florida Statute....
CONSIDERA TrONS:
The Court stated that ex-parte communications (i.e. relevant communications outside of the quasi-
judicial hearing) in quasi-judicial proceedings are presumed prejudicial.
Page 1 of 2
Ln response to Jennin[:s. the Florida Legislature adopted Section 286.0115, Florida Statutes, which
establishes a procedure to remove the presumption of prejudice regarding such ex-parte
communications.
Generally: if Resolution 2001-14 is approved, quasi-judicial boards and commissions of the City
could remove the preswuption of prejudice by disclosing the subject of the ex-parte communication
and the identity of the person, group, or entity with whom the communication took place. The
disclosure mu..",t he made a part of the record before tinal action on the matter is taken. Further,
written communications and expert opinions that relate to a quasi-judicial action received by a board
or commission member outside of (he hearing must be made a part of the record before final action
on the matter. Site visits and independent investigations conducted by board and commission
members must :l150 be made part of the record before final :lction on the matter.
STAFF RECOMMENDATION:
The City Attonley recommends that Rtsolulion 2001-14 be approved.
ATTACHMENT:
Resolution 2001-14.
Section 286.0115, Florida Statutes.
COMMlSSION ACTION:
F:\DOCS\Ciry of Winter SllriJl€-S\Agclld~\Ex'p!J1e resolulion.kj
Page 2 of 2
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RESOLUTION NO. 2001-14
A RESOLUTION OF THE CITY OF WINTER SPRINGS, SEMINOLE
COUNTY, FLORIDA; ADOPTING THE PROVISIONS OF SECTION
286.0115, FLORIDA STATUTES, 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.2001-14
Page I of 2
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. Section 286.0115, 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, in a regular
meeting assembled on the 29th day of Ma
A'~:rEST:C J
C: I J~ ~.~.
i\ndrea Lo . o-Luaces, City Clerk
F:\DOCS\City of Wi ler Springs\Resolulions\OPT -OUT JENNINGS.doc
City of Winter Springs
Resolution No. 200 I -14
Page 2 of 2
t
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....-
.,1286.0115 Access to local public officials; quasl-
pdicia( proce13dlngs on local government lAnd use
Il\.ltlers.- . .
(11(.1) A county or munrclpalrly mJy adopl an ordi-
~e or resolution removing the presumption 01 preju-
jcB [r0m ex parte communic.Jtions with local pubhc
offi,ial~ by establishing a process to disclose ex parte
ccmmunicalions with such otficlals pursuant to this
subsection or by adopting an alternative process for
such cisclosure. However. this subsectIon does not
-eQuire a Counly or municipality 10 adopt any ordinance
~r resolution establishing a disclosure process.
(0) As used in this subsection, the term 'local public
~cial' means any elected or appointed public oHicial
~olding a county or municipal office who recommends
)f!akes quaSI-judicial aellun as a member of a board or
,:cmmlssion. The term does not incluce a member of
1Ie board or commission of any slate agency or author-
,1'1'.
(c) Any pF.f$on not otherwIse prohlbl!ec by slatu:e.
charter provision. or ordinance m.:lY discuss with any
'ocal public official the merits 01 any maner on wnich
JClion may be laken by any board or commission on
...nich lhe local public official is a member. II adopled by
:ounly or munIcipal ordinance Or resolution. adherence
!o \ha following procedures shall remove the presump-
~cn of prejudice arising Irom ex parte communications
...rth local publiC officials.
1 The substance of any ex parte communication
"nh a local public offiCIal which rclalCS to quasi-judicial
dction pending before the official IS not prosumed prei-
\jdicia/to thl3 action if the subjecl of Ihe communicalion
and Ihe identity 01 lhe person, group. or enlity with
....hom the communication took place is disclosed and
:nJde a part olthe record before final achon on the mat-
;6(.
2, A local public official may read a written commu-
nication from any person. HowQver, a wriuen communi-
calion thaI re/ales 10 quasl-ludlClal action pending
~p.t().rc a local public offil:ial shall not be presumed prej.
IJdlClJllo the action. and such wnllen communicatior:
shall be made a part 01 the record before final action on
t'le maltP.r.
J. Local public ollicials may conduct investig.:!'
tons !lnd sits visilS and m.,y receIve expert opinions
r~ardlng quasi-judicial action pending before them
Such activities shall not be presumed prejudicial 10 the
:CbOn If the exislence o( the investigation, site vlsil, or
xper1 opinion is made a part 01 the record before final
~C1I/)n on the maner,
2 4. Disclosure made pursuanllo subparagraphs'..
.. ;j~d 3. must be made uefore or during the public
~eelln;) al which a vote is laken on slJch matters. so
al PElr!:ons whO have opinions conlrary to those
CELLANEOUS PROVISIONS
Ch. 286
'I
...
expressed in the ox parte communication are given a
reasonable opportunity 10 refute or respond to the com-
rnunfcallon. This subsection does not subject local pub-
liC officials to pan III 01 chapter' 12 for not complying
Wilh this paragraph.
(2)(<1) Notwithstanding the provisions of subsection
(1), a county or municipality may adopt an ordinance or
resolulion establishing the procedures and provisions
01 this subsection for Quasi-judicial proceedings on
local government land use maners. The ordinance or
resolution shall provide procedures and provisions
identical 10 this subsec1ion. However, this subsection
does not require a courry or municipalIty to adopt such
an ordinance or resolution,
(b) In a qUJSi-judiciaj proceeding on local govern-
ment 'Jnd U69 matters, a per::;on who appearo before
rhe decision making body who i6 not a party or party.
intervenor shall be allowed 10 teslify before (he
decisicnmaklng body. subject to conlrol by the
decisionmaking body. and may be requested to
respond 10 questions from the decisionmaking body.
bul need not be sworn as a witness, is nOI required 10
bt' subJ~1 tu cross-examination. and Is r,OI required to
be qualified as an expert witness. The decisionmuking
body shall assign weight <1nd credibility to such testi-
mony as It deems appropriate. A party or party-
intervenor in a Quasi-judicial proceeding on local gov-
"'rnmen! land use matters. upon request by another
party or party-intervenor, shall be sworn as a witness,
shall be subject to cross-examinalion by olher parties
or party-intervenors. and shall be required 10 be quali-
fied as an expert witness. as appropriate.
(c) In a quasi-judicial proceeding on local govern-
menl l.:tnd u.sc mailers. a person may not be precluded
from communicating direclly with 8 member 01 the
decIsIon making body by application of e x parte com-
munication prohibilions. Disclosure of such communi-
cations by a member of the decision making body is not
required. and such nondisclosure shall not be pre-
sumed prejudicial to lhe Clecislon of the decisionmaking
body. All deciSions of the decisionmaKifl9 body in a
quasi-judicial proceeding on local goV'ernmenlland use
mailers must be supported by substantial, compelent
eVidence in the record pertinent 10 the proceeding, irre-
spective of such communications.
(3) This secllon does not reslrict the authority 01
any board or commiSSion to eSlablish rules or proce.
dures governing public hearings or contacts with local
publiC ol1icials.
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