§ 27-23. Adopting disclosure procedures related to ex-parte communications with public officials.

The city council of the city hereby adopts the following public disclosure process relating to elected and/or appointed public officials who hold positions on any board, council or commission 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 any local public official (elected and/or appointed) the merits of any matter on which quasi-judicial action may be taken by any board, council or commission on which the local public official is a member, so long as the following process is observed:

(1)

The substance of any exparte communication with a local public official (appointed and/or elected) 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)

A local public official may read a written communication from any person. However, a written communication that relates to quasi-judicial action pending before a 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)

Local public officials 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 subsections (1), (2) and (3) must be made during the public meeting, but prior to the vote being 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 shall not subject local public officials to F.S. Ch. 112, Pt. III, for not complying with this subsection.

(Ord. No. 2004-10, § 1, 10-4-04)