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RESOLUTION NO. 95-R-ll
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, ESTABLISHING A
PROCEDURE FOR EX PARTE COMMUNICATION WITH CITY
OFFICIALS; REPEALING RESOLUTIONS IN CONFLICT
HEREWITH AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the city Council of the City of Edgewater, Florida,
has made the following determinations:
1. Pursuant to Chapter 95-352, Laws of Florida, the Florida
Legislature created section 286.0115, Florida Statutes, which
removes the presumption of prejudice from ex parte communications
with local government officials by establishing a procedure for the
disclosure of such ex parte communication.
2. It is in the best interest of the citizens of Edgewater
that such a procedure to be adopted to enable city officials to
fairly
and
equitably
discharge
their
sworn
duties
and
responsibilities.
NOW THEREFORE, BE IT ENACTED by the City Council of the City
of Edgewater, Florida:
Section 1. Definition.
As used in this resolution, the term "city official" means any
elected or appointed officer of the city who recommends or takes
quasi-judicial action as a member of a board, commission or
council.
section 2. Access Permitted.
Any person not otherwise prohibited by statute, charter
provision, resolution or ordinance may discuss with any city
official the merits of any matter on which action may be taken by
any board, commission, or council on which the city official is a
member.
Such communication shall not raise any presumption of
prejudice provided the following disclosure procedures are
followed:
(a) The subject and substance of any ex parte communication
with a city official which relates to quasi-judicial action pending
before the official as well as the identity of the person, group,
or entity with whom the communication took place is disclosed and
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made a part of the record before final action is taken on the
matter.
(b) A city official may read a written communication from any
person. However, a written communication that relates to quasi-
jUdicial action pending before a city official shall be made a part
f
of the record before final action is taken on the matter.
(c) City officials may conduct investigations, make site
visits, and receive expert opinions regarding quasi-judicial action
pending before them provided such activities and the existence of
such investigations, site visits or expert opinion is made a part
of the record before final action is taken on the matter.
(d) Disclosure made pursuant to (a), (b) and (c) above must
be made before or during the public hearing at which a vote is to
be taken and persons having opinions contrary to those expressed in
the ex parte communication shall be given a reasonable opportunity
to refute or respond to the communication.
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Section 3. Applicability of Part III of Chapter 112
city officials shall not be subjected to the provisions of
Part III of Chapter 112, Florida statutes, for not complying with
the provisions of this resolution.
Section 4.
All resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed.
Section 5.
This resolution shall
take
effect upon
adoption.
After Motion by Councilman Mitchum and Second by Councilman
Hatfield, the vote on this resolution was as follows:
Mayor Jack H. Hayman, Sr.
Aye
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Councilman Danny K. Hatfield
Aye
Councilwoman Louise A. Martin
Aye
Councilman Mike Hays
Aye
Councilman David L. Mitchum
Aye
PASSED AND DULY ADOPTED this 21st day of August, 1995.
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"ATTEST:
95-R-11
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
ok H. Hay: , Sr.
ayor
APPROVED FOR
FORM 6 CORRECTNESS:
Kris alA Storey
City Attorney