HomeMy WebLinkAbout1995-39 Providing for Ex Parte Communications in Quasi-Judicial Proceedings subj to Rules & Regs
RESOLUTION NO. 95-39
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF PARKLAND, FLORIDA, PROVIDING FOR
PROCEDURES FOR EX PARTE COMMUNICATIONS IN
QUASI-JUDICIAL PROCEEDINGS SUBJECT TO CERTAIN
RULES AND REGULATIONS, REMOVING THE
PRESUMPTION OF PREJUDICE IN SUCH
COMMUNICATIONS MADE IN COMPLIANCE WITH THE
RULES SET FORTH HEREIN; CONTAINING AN
EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida recently adopted legislation which
providtd an opportunity for ex parte communications in quasi-judicial proceedings, provided said
commUI"..:cations were regulated; and
WHEREAS, if such communications are regulated as set forth herein, the presumption of
prejudice in said c(',mmunications shall be removed;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF P ARKLAIJD, FLORIDA AS FOLLOWS:
Section 1. Any member of the City Commission of the City of Parkland, the Planning
and Zoning Board, Board of Adjustment, Code Enforcement Board, Community Appearance Board,
or other Board of Committee of the City of Parkland charged with making quasi-judicial
determinations may receive ex parte communications, consult with experts, conduct investigations
ana site visits with regard to the subject matter of an issue to be brought before them in a quasi-
judicial proceeding, provided the following actions are undertaken:
A. The member of the entity in question shall disclose the ex parte
communication in writing to the Clerk of the City Commission if it is a City
Commissioner, or to the Secretary of the Board in question if it is not the City
Commission, prior to the quasi-judicial hearing.
B. The notice shall state the nature of the action, communication, or other
investigation undertaken, the date of any communication, the person making
said communication, and the general nature of said communication.
C. Any party holding a contrary opinion shall have a reasonable opportunity to
refute or to respond to any ex parte communication either prior to the hearing
or at the hearing.
D. Any ex parte communications or actions described above by any Commission
member or other Board member charged with making quasi-judicial
determinations made in compliance with the rules stated above shall not be
presumed to be prejudicial to the action taken by the Commissioner or Board
member in question.
Section 2. This Resolution shall become effective upon adoption.
Date Adopted: AUGUST 2
. 1995.
(SEAL)
CITY OF PARKLAND, FLORIDA
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SAL PAGLIARA, YOR
AITESTED:
,s~~ ~i~
SUSAN ARMSTRONG, CITY ERK