eLaws | eCases | Florida State | Florida Administrative Code | Florida Courts | Counties & Cities of Florida | Code of Federal Regulations | United States Code |
 Bal Harbour
 Code of Ordinances
 Chapter 2. ADMINISTRATION
 Article VI. QUASI-JUDICIAL PROCEDURES

  § 2-204. Ex-parte communication.  

Latest version.

  • (1)

    This section is adopted to follow the disclosure processes of F.S. (2000) § 286.0115(1), and shall be construed so as to be consistent therewith.

    (2)

    Any Boardmember may choose to discuss the merits of any matter of which action may be taken by the Board with any person not otherwise prohibited by statute, Charter provision, or ordinance if the Boardmember complies with the procedures of this Section 2-204.

    (3)

    Compliance with the procedures of this Section 2-204 shall remove the presumption of prejudice arising from ex-parte communication with any Boardmember:

    (a)

    Oral communications. The subject of the communication and the identity of the person, group, or entity with whom the communication took place shall be disclosed and made a part of the record before final action on the application. At the quasi-judicial hearing the person or persons responsible for the ex-parte communication, any party to the hearing and any participant shall have the opportunity to contest the accuracy of the matters disclosed.

    (b)

    Written communications. Any written communication related to an application pending before the Board shall be forwarded to the appropriate staff for inclusion in the official file for the application, and shall be disclosed on the record before final action on the matter. It shall be the responsibility of the applicant to review the official file periodically to determine whether written ex-parte communications have been placed in the official file.

    (c)

    Site visits, etc. Boardmembers may conduct investigations and site visits and may receive expert opinions regarding a quasi-judicial action pending before them. Such activities shall not be presumed prejudicial to the action if the existence and subject matter of the investigations, site visits, or expert opinions is made a part of the record before final action on the matter and an opportunity for the parties and participants to respond is provided prior to or at the hearing.

    (d)

    Disclosure. Boardmembers must make disclosures of their ex-parte communications before or during the public meeting at which a vote is taken on the application to afford persons a reasonable opportunity to refute or respond to the communication.

(Ord. No. 459, § 1, 12-19-00)