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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 -1- 100' Uf]O ". 191 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- -2- 100\ noo " Hl2 JUN 201995 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 - 3 - 100' noo w, 193