(A) Ex parte communications, while not prohibited, are improper and greatly discouraged.
(B) The following process is hereby established for ex parte communications with any Local Public Official:
(1) Disclosure.
(a) The Local Public Official shall disclose the occurrence of all ex parte communications involving said official that relate to the quasi-judicial matter pending before the quasi-judicial body on which the Local Public Official serves.
(b) The disclosure shall occur by no later than the commencement of the final public hearing, or if no formal public hearing is held, then at the commencement of any hearing at which the final decision regarding the quasi-judicial matter is made. The Local Public Official shall disclose the ex parte communication orally or in writing. Any such writing disclosing the occurrence of the ex parte communication shall be placed in the official file regarding the pending quasi-judicial matter which file shall be maintained by the City and shall be made a part of the record.
(c) At the time of disclosure, the Local Public Official shall identify the person, group, or entity with whom the ex parte communication took place, the general substance of the ex parte communication, and any matters discussed which are considered by said official to be material to said member's decision in the pending quasi-judicial matter.
(d) Pursuant to Fla. Stat. 286.0115, the foregoing process established to disclose ex parte communications with Local Public Officials hereby removes the presumption of prejudice from ex parte communications.
(C) Commencement. For purposes of defining an ex parte communication, a quasi-judicial matter shall be said to exist at the time an application is filed with the City seeking relief that is quasi-judicial in nature.
(D) Site visits. Site visits constitute ex parte information and are greatly discouraged. Any Local Public Official who conducts a site visit of any property related to a quasi-judicial matter pending before the quasi-judicial body on which the official serves must adhere to the disclosure requirements set forth in paragraph (B)(1) supra, date of the site visit, and any information obtained by virtue of the site visit.
(E) Review of correspondence. Immediately upon review of any mail, email, or other written correspondence constituting an ex parte communication related to a quasi-judicial matter pending before the quasi-judicial body on which the Local Public Official serves, said document shall be placed in the official file regarding the pending quasi-judicial matter.
(F) City files. All documents reviewed by a Local Public Official prior to the final hearing on a pending quasi-judicial matter shall be placed in the official file regarding said matter. Said documents reviewed by the Local Public Official prior to the final hearing on a pending quasi-judicial matter and any disclosure memoranda shall be available for public inspection. By no later than the commencement of the final public hearing, or if no formal public hearing is held, then at the commencement of any hearing at which the final decision regarding the quasi-judicial matter is made, the clerk shall make said correspondence, mail, written communications, and any disclosure memoranda placed in the official file a part of the record. All of the foregoing documents shall be received by the quasi-judicial body as evidence, with the exception of disclosure memoranda, subject to any objections interposed by participants at the hearing.
(Ord. 2015-22, passed 5-7-15)