(A) Definitions. The following definitions apply to this section:
(1)
PUBLIC OFFICIAL. Any elected or appointed public official of the city, who:
(a) Makes a decision on the application of policy, code or law after conducting a quasi-judicial proceeding;
(b) Casts a vote on the application of policy, code, or law after conducting a quasi-judicial proceeding; or
(c) Makes a recommendation on the application of policy, code, or law after the official conducts a quasi-judicial proceeding.
(2)
EX PARTE COMMUNICATION. With respect to any matter which is thereafter considered in a quasi-judicial hearing or proceeding:
(a) Any written, oral, electronic, or other communication from any person or entity to a public official, not made in the presence of all parties having an interest in the outcome of the hearing or proceeding;
(b) Any inspection of, or visit to, the physical site or location which is the subject of, or materially affects, the quasi-judicial hearing or proceeding;
(c) Any investigation of facts by the public official, board, or commission other than during the hearing or proceeding; but "investigation" does not include reading or considering the official record relating to the hearing or proceeding;
(d) Any consultation with any person, whether or not an “expert,” regarding facts or interpretation of facts relating to the hearing or proceeding;
(e) Any oral or written opinion interpreting facts or suggesting the effects of facts, if the facts or opinion is the subject of the hearing or proceeding.
(B) Disclosure or nonparticipation. An ex parte communication shall not be presumed to be prejudicial to the action taken by a public official, board, or commission, if either:
(1) All adversely affected parties have a reasonable opportunity to refute or provide rebuttal or impeachment evidence to the communications and each communication is disclosed as follows:
(a) Oral or unprinted electronic communications. The public official in receipt of an oral or unprinted electronic communication makes the identity of the person, group, or entity with which the communication took place, and the content of the communication, a part of the record of the quasi-judicial matter. Disclosure shall be made at the beginning of the quasi-judicial hearing or proceeding, or at the public official's first reasonable opportunity if he is not present when the hearing or proceeding starts.
(b) Written or printed electronic communications. The public official in receipt of a written or printed electronic communication makes the written or printed electronic communication, together with the source or identity of the person, group, or entity from whom the communication was received, a part of the record of the quasi-judicial matter. Disclosure shall be made at the beginning of the quasi-judicial hearing or proceeding, or at the public official's first reasonable opportunity if he is not present when the hearing or proceeding starts.
(c) Investigations or on-site visits. The public official who has made any investigation discloses the facts and opinions discovered during the investigation and the source of each. Disclosure shall be made at the beginning of the quasi-judicial hearing or proceeding or at the public official's first reasonable opportunity if he is not present when the hearing or proceeding starts.
(d) Receipt of opinions. The public official who has received any opinions regarding the facts affecting the matter, or effects of possible decisions resulting from the hearing or proceedings, discloses those opinions and the basis for each opinion if known, and the source of each opinion. Disclosure shall be made at the beginning of the quasi-judicial hearing or proceeding, or at the public official's first reasonable opportunity if he is not present when the hearing or proceeding starts.
(2) The person receiving the ex parte communication does not:
(a) Participate in the deliberations nor decision-making process in the quasi-judicial proceeding; and
(b) Does not transmit nor otherwise communicate the ex parte communication, nor any part thereof, nor any summary of all or any portion thereof, to any other public official or member of a board or commission which deliberates on, or decides, the matter.
(C) Policy on ex parte communication. Notwithstanding the foregoing requirements when ex parte communications are received, all public officials and members of boards and commissions which conduct quasi-judicial proceedings are discouraged from receiving ex parte communications affecting those quasi-judicial proceedings because of the potential for discrediting or invalidating the outcome of affected quasi-judicial proceedings.
(D) Legislative matters. Restrictions on ex parte communications do not apply to matters which both:
(1) Are legislative in nature, and
(2) Do not violate Florida's “Government in the Sunshine” Law.
(Ord. 96-40, passed 2-13-96)