R-95-890
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CITY OF CLERMONT
RESOLUTION
No. 890
A RESOLUTION OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA, IMPLEMENTING THE
PROVISIONS OF SECTION 286.0115, FLORIDA
STATUTES, TO ESTABLISH A PROCEDURE FOR
EX PARTE COMMUNICATIONS FOR LOCAL
PUBLIC OFFICIALS CONCERNING QUASI-
JUDICIAL MATTERS AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 286.0115(1), Florida Statutes, provides that a
municipality may adopt an ordinance or resolution removing the presumption of
prejudice from ex parte communications with local public officials (as "local public
official" is defined in Section 286.0115(2), Florida Statutes), by establishing a process
to disclose ex parte communications with such officials; and
WHEREAS, the City of Clermont desires to implement Section 286.0115,
Florida Statutes by establishing a process to disclose ex parte communications with
such officials,
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Clermont, Florida,
Section 1:
Any person not otherwise prohibited by statute, charter, provision, or ordinance
may discuss with any local public official representing the City of Clermont, the
merits of any matter on which action may be taken by any board or commission on
which the local public official is a member. Such communication shall not raise any
presumption of prejudice provided that the following process of disclosure occurs:
a)
The subject and substance of any ex parte communication with a local
public official representing the City of Clermont which relates to quasi-
judicial action pending before the official, as well as the identity of the
person, group or entity with whom the communication took place, is
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CITY OF CLERMONT
RESOLUTION
No. 890
Page 2
disclosed and made a part of the record before final action is taken on
the matter.
b)
A local public official representing the City of Clermont may read a
written communication from any person; however, a written
communication that relates to quasi-judicial action pending before such
official shall be made a part of the record before final action is taken on
the matter.
c)
Local public officials representing the City of Clermont may conduct
investigations, make site visits and receive expert opinions regarding
quasi-judicial action pending before them, provided that such activities
and the existence of such investigations, site visits, or expert opinions are
made a part of the record before final action is taken on the matter.
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Section 2:
This Resolution shall take effect immediately upon its passage, approval, and
being posted or published as required by law.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA THIS,1mJ.¡ DAY OF DECEMBER, 1995.
CITY OF CLERMONT
Attest:
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Robert A. Pool, Mayor - ~.
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Q.t . ,Ci Clerk