Resolution 1995-354
RESOLUTION NO. 95- 354
A RESOLUTION RELATING TO ACCESS TO LOCAL
PUBLIC OFFICIALS; PROVIDING A DEFINITION OF
LOCAL PUBLIC OFFICIAL; PROVIDING FOR ACCESS
TO PUBLIC OFFICIALS; AUTHORIZING INVESTIGA-
TIONS AND RECEIPT OF INFORMATION; AND
REQUl RING DISCLOstJRE OF EX PARTE COMMtmlCA-
TIONS; .
WHEREAS, government in Florida is conducted in the sun-
shine pursuant to Chapter 286, Florida statutes; and
WHEREAS, the public should be able to voice its opinions
local electt.,.! public officia ts; and
WHEREAS, ..lected and putllic officials are presumed to
pertora their (uties in a lawfu L and proper manner: and
WHEREAS, quasi-jUdicial C'~ecision-making must be based on
co.petent, substantial evidence of record; and
WHEREAS, local elected public officials have been
obstructed or impeded from the fair and effective discharge of
their sworn duties and responsJ.,ilities due to exp;msive inter-
pretations of Jenninas v. Dade. County, a decision rendered by
the 'l'hird District Court of Ap~'lal; and
WHEREAS, S~~ion 5, Artic~e I ot the Florida Constitution
qives the people the right peaceably to assemble. to instruct
their representatives, and to petition for redrl'Hs of griev-
ances.
NOW, THERE:rORE, BE IT a...;OLVED BY THE BOJ,;:O OF COUNTY
COIOIISSIONERS OF COLLIER CO~ FLORIDA, that:
8BCTIO. ODI AUTHORITY
Pursuant to Subsection 286.0115, Plorida Statu.tes, Collier
County has the "lthority to ena~ this Resolution, hich removes
the presumption ot prejudice trQm ex parte communications with
local ofticials by establishing the process set fo~..th herein to
disclose such C01 maunications.
8BC'l'IO. no I DBPIHITI01I
As used in this Section, tile term "local public Official"
II8an8 any elect.,! or appointed l.lUblic official holding a county
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office who recommends or takes quasi-judicial action as a
aeaber ot such board or commission.
8BCTIOJI 'l'JDlDI ACCBS8 PDXITTBD
1. Any verson not otherwise prohibited by statute,
charter provisi on, or ordinance may discuss with any local
public otticial the merits of any matter on which action may be
'taken by the b:>>ard or commission on which the local public
official is a ,ember. Adherence to the followirq procedures
shall reaove th~ presumption of preju~ice arising ;'rom ex-parte
ccmaunications '(,pith local publi,;;: ofticials.
(a) The substance of any ex-parte communication with a
local public otficial which relates to quasi-juCi lcial action
pendinq betore the official is not presumed prejudicial to the
action if the subject of the communication and th&' identity ot
the person, gr~~p, or entity with whom the commu'ication took
place is disclosed and made a ;)art of the record before final
action on the matter.
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(b) A local public offic.al may read a written communi-
cation trom any person. However a written communication that
relates to quasi-judicial action pending befot f! the local
public official shall not be presumed prejudicial Lo the action
and such written communicatio. shall be made a part of the
record ot the board or commis .ion before final.. :::tion on the
llatter.
(c) Local public officials may conduct inves'~igations and
site visits and may receive expert opinions regl'rding quasi-
judicial action pending betore 1:hem. Such activities shall not
be presumed prejUdicial to the action if the existence of the
investigation, site visit, or expert opinion is DUI,de a part of
the record betore final action on the matter.
(d) Disclosure made pursuant to paragraphs (a), (b) and
(c) DUst be mad before or duri~g the public meeting at which a
vote is taken en such matters. so that persons wto have opin-
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JUN - 6 1995
ions contrary ~o those expressed in the ex-parte communication
are given a re~sonable opportunity to refute or respond to the
coammication.
'l'his Reso:'.ution adopted this Go -;t1; day of r L/ ,
1995, atter aotion, second and majority vote favoring same.
,(1.
Bl~~
.E J. TTHEtiS, Carman
Clerk
BOARD OF COUNTY COMl:ISSIONERS
COLLIER COUNTY, FLOrIDA
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APPrOVed".S to torm and
legal SUfficiency:
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~.',~ &
~ or e M. B ant
1 . Assistant County Attorney
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