Fort Walton Beach Council agenda — 09-23-03 regular Council agenda — reading text

I i I I I i I I I II i I J CITY COUNCIL MEETING September 23, 2003 Second Reading of Ordinance 1569 Establishing Procedure for Public Access to Local Officials Agenda Item No. - PH 2  1 ORDINANCE13fo 9 2 3 4 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; 5 PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; 6 ESTABLISHING A PROCEDURE TO PROVIDE ACCESS TO PUBLIC 7 OFFICIALS; PROVIDING FOR CONFLICT RESOLUTIONS; PROVIDING FOR 8 SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, 11 FLORIDA /JS FOll:OWS: 12 13 . SECTION 1. AUTHORITY. 14 The authority for enactment of this Ordinance is pursuant to sections 166.021(1) 15 and 286. 0115, Florida Statutes ( 2002). 16 17 SECTION 2. FINDINGS OF FACT. 18 The City Council of the City of Fort Walton Beach finds: 19 Section 286. 0115, Florida Statutes (2002), provides that a . county or i 20 a. of prejudice 21 municipality may adopt an ordinance or resolution removing the presumption 22 from ex parte: communications with local public officials by establishing process to a 23 disclose ex parte com11'1unications with such officials. 24 The City Council believes that it is In the best interest of the City and serves a 25 b. 26 legitimate m~ nicipal purpose to establish such i. procedure. 27 28 SECTION 3. PUBLIC ACCESS TO LOCAL OFFICIALS. 29 As used in this section, the term " local public official" means any elected or 30 a. office who recommends or takes 31 appointed public official holding a county or municipal 32 quasi-judicial action as a member of a board or commission. 33 of any 34 b.' As used in this section, the term " ex parte;' means any communication 35 form relayed by a person to a local pubi' c official without notice or presentation to the board or to any adverse interests 36 or commission of which the local pUblic official is a member 37 concerned with the matter. - 38 or ordinance 39 c.' Any person not otherwise prohibited by statute, charter provision, merits of any matter on which action may be 40 may discuss with any local public official the a member. 41 taken by any board or commission on which the local public official is 42 43 , d. The procedures shall be followed to remove the presumption of prejudice 44 arising from ex parte communications with local public officials: 45 1. . The substance of any ex parte communication with a local public is not presumed 46 official which relates to quasi-judicial action pending before the official 47 prejudicial to the action if the subject ofthe communication and the identity of the person, 1/  took place is disclosed and made a part of 48 group, or entity with whom the communication 49 the record before final action on the matter. 50 2. ' A local public official may read a written communication from any that relates tb quasi-judicial action pending 51 person. However, a written communication and such written 52 before a local public official shall not be presumed prejudicial to the action, communication shall be made a part of the record before final action on the matter. 53 3. Local public officials may conduct investigations and site visits and 54 action pending before them. Such 55 may receive expert opinions regarding quasi-judicial of the investigation, 56 activities shall not be presumed prejudicial to the action if the existence action on the matter. 57 site visit, or expert opinion is made a part of the record before final 58 4. Disclosure made pursuant to subparagraphs 1., 2., and 3. must be on such matters, so that 59 made before or during the public meeting at which a vote is taken in the ex parte communication are 60 persons who have opinions contrary to those expressed to the communication. This subsection 61 given a reasonable opportunity to refute or respond not complying with this 62 does not subject local public officials to part III of chapter 112 for 63 paragraph. 64 65 e. ' In a proceeding on local government land use matters, a person quasij-udical or party- intervenor shall be 66 who appears before the decision making body who is not a party shall be aHowed to testify before the decision making body, subject to 67 1. 68 control by the decision making body, and from the decisionmaking 69 2. may be requested to respond to questions 70 body, but 71 3. need not be sworn as a witness, 72 4. is not required to be subject to cross-examination, 73 5. and is not required to be qualified as an expert witness. 74 The decisionmaking body shall assign weight and credibility to such testimony 75 f. 76 as it deems appropriate. 77 78 g. : A party or party- intervenor in a quasi-judicial proceeding on local government shall be sworn as a 79 land use ma~ ers, upon request by another party or party-intervenor, 80 witness, shall be subject to cross-examination by other parties or party-intervenors, and shall 81 be required to be qualified as an expert witness, as appropriate. 82 matters, a person 83 h. In a quasi-judicial proceeding on local government land use with a member of the decisionmaking 84 may not be precluded from communicating directly 85 body by application of ex parte communication prohibitions. 86 87 i. Disclosure of such communications by a member of the decision making body to the decision of 88 is not required, and such nondisclosure shall not be presumed prejudicial in a quasi-judicial 89 the decisionmaking body. All decisions of the decision making body 90 proceeding on local government land use matters must be supported by substantial, the proceeding, irrespective of such 91 competent evidence in the record pertinent to 92 communications. 93 94 SECTION 4. CONFLICT PROVISIONS.  or commission to establish rules or 95