HomeMy WebLinkAboutResolution No. 2025-034R CITY OF CLERMONT
CChtsce ofChagnowlsNT RESOLUTION NO. 2025-034R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, FLORIDA, ADOPTING PROCEDURES FOR EX-PARTE
INVESTIGATIONS BY CITY COUNCIL AND PLANNING AND ZONING
COMMISSION MEMBERS FOR QUASI-JUDICIAL MATTERS AND
ELIMINATING PER SE PREJUDICE ARISING FROM SUCH
INVESTIGATIONS PURSUANT TO SECTION 286.0115, FLORIDA
STATUTES; PROVIDING FOR CONFLICT, SEVERABILITY,
ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR,
PUBLICATION AND AN EFFECTIVE DATE.
WHEREAS, Section 286.0115, Florida Statutes, authorizes municipalities to adopt
resolutions that remove the per se prejudice arising from communications between local public
officials and members of the public regarding matters subject to pending quasi-judicial hearings;
and
WHEREAS, Section 286.0115, Florida Statutes, provides the statutory requirements for
such resolutions to authorize such communications and remove their per se prejudicial effect; and
WHEREAS, the City of Clermont's Planning and Zoning Commission has indicated a
consensus to the City Council that it desires such procedures; and
WHEREAS, the City Council of the City of Clermont finds it necessary and desirable to
adopt the procedures described in Section 286.0115, Florida Statutes, to authorize its members, and
the commissioners of the Planning and Zoning Commission, to communicate with members of the
public regarding pending matters subject to quasi-judicial hearings, including performing site visits
and soliciting expert opinions, as may be permitted by the statute and subject to its requirements,
including disclosure.
NOW,THEREFORE,be it resolved by the City Council of the City of Clermont,Florida,
that:
SECTION 1: DEFINITIONS
For the purposes of this Resolution, the following definitions shall apply.
1. Ex Parte Communication refers to any communication by one party to a quasi-judicial
proceeding, either in person or in writing, with a member of the board that will preside
over the proceeding.
2. Quasi-Judicial Decision is an action resulting from judicial inquiries that investigate,
declare, and enforce rights and liabilities based on specific facts and existing laws, and,
while these decisions enforce or apply the law to a specific situation, they do not create
new law.
CLER M, CITY OF CLERMONT
Chace dclwnyvu RESOLUTION NO.2025-034R
SECTION 2: ACCESS PERMITTED
Any person not otherwise prohibited by statute,charter provision, or ordinance may discuss with
members of the City Council or Planning and Zoning Commission (together, hereinafter, the
"Boards")the merits of any matter on which quasi-judicial decisions may be taken by either Board,
so long as the following process is observed:
(1) The substance of any ex parte communication with a member of the applicable Board
making the quasi-judicial decision which relates to quasi-judicial action pending before the
member 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) The members of the applicable Board may read a written communication from any
person. However,a written communication that relates to quasi-judicial decisions pending before
the 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) Board members may conduct investigations and site visits and may receive expert
opinions regarding quasi-judicial decisions 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 paragraphs(1),(2)and(3)must be made before or during
the public meeting at which a vote is 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.
SECTION 3: CONFLICT
All'resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are
hereby repealed.
SECTION 4: SEVERABILITY
If any portion of this Resolution is declared invalid,the invalidated portion shall be severed from
the remainder of the Resolution, and the remainder of the Resolution shall continue in full force
and effect as if enacted without the invalidated portion, except in cases where such continued
validity of the remainder would clearly and without doubt contradict or frustrate the intent of the
Resolution as a whole.
SECTION 5: ADMINISTRATIVE CORRECTION
This Resolution may be re-numbered or re-lettered, and/or corrected for typographical and/or
scrivener's errors which do not affect the intent of said resolution, as authorized by the City
Manager or designee, without need of public hearing, by filing a corrected copy of same with the
City Clerk.
At-
CITY OF CLERMONT
Choke of Clumpoons n1T RESOLUTION NO. 2025-034R
SECTION 6: PUBLICATION AND EFFECTIVE DATE
This Resolution shall be effective on September 9, 2025.
cue
CIS •
CITY OF CLERMONT
RESOLUTION NO.2025-034R
NOW, THEREFORE, BE IT RESOLVED, that the above said resolution of the City
Council of the City of Clermont,Florida be adopted on this 9th day of September,2025.
CITY OF CLERMONT,FLORIDA
t:d
Tim Murry,M or
ATTES :
Tracy Ackroyd Howe, MMC
City Clerk
Approved s t form and le ality
Christian . Waug City Attorney