1995-032 Disclosure Procedures for Ex Parte Communications
RESOLUTION NO. 32-95
A RESOLUTION OF THS VILLAGE COUNCIL OF THE
VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING
DISCLOSURE PROCEDURES RELATED TO SX PARTE
COMMUNICATIONS WITH PUBLIC OFFICIALS IN
ACCORDANCE WITH NEWLY ADOPTED LBGISLATION
WHICH IS CODIFIED AT SECTION 286.0115, FLORIDA
STATUTES; AND; PROVIDING FOR AN EFFECTIVE -
DATE.
WHEREAS, the Legislature of the State of Florida has
recently revised Chapter 286, Florida Statutes, in order to allow
the public to voice its opinions to local public officials, both
' elected and appointed, so long as certain disclosure procedures are
followed; and
WHEREAS, the State Legislature has determined that in
order to remove the presumption of prejudice from ex parts
communication with local appointed and elected public officia]s; a
municipality must adopt disclosure procedures, either by Ordinance
or by Resolution in accordance with Section 286.0115, Florida
Statutes; and
WHEREAS, the Village Council of the Village of North Palm
Beach desires to adopt such disclosure procedures in order to allow
the greatest public access possible under the law to elected and
appointed members of the Village Council who act in quasi-judicial
t proceedings and, therefore, desires to adopt an appropriate
disclosure process.
' BE IT RESOLVED BY THS VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA:
Section 1. The Village Council of the Village of North
Palm Beach hereby adopts the following public disclosure process
relating to elected and appointed members of the Village Council
charged with making recommendations and/or taking final action on
any quasi-judicial proceeding.
ACCESS PERMITTED: Any person not otherwise
prohibited by statute, charter provision or
ordinance may discuss with members of the
Village Council the merits of any matter on
which quasi-judicial action may be taken by
the Village Council, so long as the following
process is observed:
(1) The substance of any ex parte
' communication with members of the
Village Council which relates to
quasi-judicial action pending before
the official shall not be presumed
prejudicial to the action if the
subject of the communication and the
identity 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.
(2) The members of the Village Council
may read a written communication
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 before
final action on the matter.
(3) Village Council members may conduct
investigations and site visits and
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 expert opinion is made a
part of the record before final
action on the matter.
(4) Disclosure made pursuant to
paragraphs (1), (2) and (3) must be
made before or during the public
meeting at which a vote is taken on
such matters, so that persons who
have opinions contrary to those
expressed in the ex parte
communication are given a reasonable
opportunity to refute or respond to
the communication. This section
does not subject local public
officials to part III of chapter 112
for not complying with this
subsection.
Section 2. This Resolution shall take effect immediately
1
1
upon its adoption.
PASSED AND ADOPTED THIS 27th DAY OF JUIy 1995.
(Village Seal)
AT'{'ES ~--
VILLAGS CLERK ~
MAYOR