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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 ... ....,. .' 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. ':': . , .'\ , (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- ~ii 4-'" '~ 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 '" ..' .....' '.-'. APPrOVed".S to torm and legal SUfficiency: -.', ~ j;V.~ ~ ~.',~ & ~ or e M. B ant 1 . Assistant County Attorney " ~ '~ '~ 'i ,~ ":Id": .1 -I' " "'0' < i' ,i ',4 ", p' ~;.,. : \'. 'J , :~\ '& ~'r4 "~ -'~