Resolution 1995-376
JUN 2 0 1995
RESOLUTION riD. 95-J76
1\ RESOLUTIon RELATInG TO ACCESS TO LOCM~
PUOLIC OFFICIALS i PHOVIDItlG 1\ DEFInITION OF
LOCAL PUBLIC OFFICIAL; PROVIDING FOR ACCESS
TO PUBLIC OFFICIALS; AUTHORIZING I!lVESTIGA-
TIONS AND RECEIPT OF INFORMATION; REQUIRING
DISCLOSURE OF EX PARTE COf1MUHICATIONS; AND
REPEALING RESOLUTIOIl 110. ~S-J5~.
WHEREAS, government in Florida is conducted in the sun-
shine pursuant to Ch~pter 286, Florida Statutes; and
t,.;rHEREAS, the public should be able to voice its opinions
to local Alccted publ~c officials; nnd
WHEREAS, elected and public officials 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
officials
have
been
\>,'HEREAS,
loca 1
elected
public
obstructed or impeded from the fair and effective discharge of
their sworn duties ann responsibilities due to expansive inter-
pretations of Jen_niDSl.f>~_:;LQe Co_untv I il. decision rendered by
the Third District Court of Appeal; and
WHEREAS, Section 5, Article I of the Florida Constitution
gives the people the right peaceably to assemble, to instruct
their representatlves, and to petition for redress of griev-
anccs.
NOH, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COuNTY, FLORIDA, that:
SECTION ONE:
AUTHORITY
Pursuant to Subsection 286.0115, Florido Statutes, Collier
County has the authority to enact this ReSOlution which removes
the presumption of prejudice from ex parte communications with
local officials by establishing the process set forth herein to
disclose such communications.
SECTION TWO:
DEFINITION
As used in this Section, the term '1locol public official"
means any elected or appointed public official holding a county
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JUN 2 0 1995
office who recommends or takes guasi-judiciul action as a
member of such board or commission.
SECTION THREE:
ACCESS PERMITTED
1. Any person not attlerwise prohibited by statute,
charter provision, or ordinance may discuss with any local
public official the merits of any matter on which action may be
taken by the board or commission on which the local public
official is i) member. Adherence to the following procedures
shall remove the presumption of prejudice arising from ex-parte
communications with local public officials.
(a) The substdncc of any ex-parte communication with a
local public offici<:ll which relates to quasi-judicial action
pending before the official is not presumed prejudicial to the
action if the subject of the communication and the ident1ty of
the person, group, or entity with whom the communication took
place is disclosed and made a part of the record before final
action on the matter.
(b) A local public official may read a written communi-
cation from any person. However a written communication that
relates to quasi-judicial action pending before the local
public official shall not be presumed prejudicial to the action
and such written communication shall be made a part of the
record of the board or commission before final action on the
matter.
(cl Local public officials may conduct investigations and
site visits {lnd may receive expert opinions regarding quasi-
jUdicial action pending before them. Such activities shall not
be presumed prejudicial to the action if the existence of the
investigation, site visit, or e:..:pert opinion is made a part of
the record before final action on the matter.
(d) Disclosure made pursuant to paragraphs (3), (b) and
(c) must be made before or during the public meeting at which a
vote is taken on such matters, so that persons who have opin-
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ions contr~ry to those expressed in the ex-par~e communication
are given a reasonable opportunity to refute or respond to the
communication.
SECTION FOUR: REPEAL OF RESOLUTION NO. 95-354
Resolution No. 95-354 is hereby repealed in its entirety.
20th
day of ~, 1995,
This Resolution adopted this
after motion, second and majority vote favoring same.
ATTEST: .
DWIGHT E. BROCK, Clerk
4.: ;;;/./-,~4~-, ~e
;
Approved as to form and
legal sufficiency:
mmo.llw'IJ735
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:~
,8ETTYE
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