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1995-39 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 ~~~ SAL PAGLIARA, YOR AITESTED: ,s~~ ~i~ SUSAN ARMSTRONG, CITY ERK