§ 2-71. Communications regarding quasijudicial matters.

(a)

Applicability. Communications with local public officials (as defined in F.S. § 286.0115(1)(b)) regarding quasijudicial matters (as defined in Board of County Commissioners of Brevard County v. Snyder , 627 So.2d 469 (Fla. 1993)), including the adjudication of the rights of persons and the application of a general rule or policy to a specific individual, property, interest or activity, shall be governed by the procedure set forth in subsection (b) of this section.

(b)

Disclosure requirements. Any person not otherwise prohibited by statute, Charter provision or ordinance may discuss with any local public official representing the village the merits of any matter on which action may be taken by any board, council 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:

(1)

The subject and substance of any ex-parte communication with a local public official representing the village which relates to quasijudicial action pending before the official, as well as the identity of the person with whom the communication took place, shall be disclosed and made a part of the record before final action is taken on the matter.

(2)

A local public official representing the village may read a written communication from any person; however, a written communication that relates to quasijudicial action pending before such official shall be made a part of the record before final action is taken on the matter.

(3)

A local public official representing the village may conduct investigations, make site visits and receive expert opinions regarding quasijudicial action pending before him, 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 are taken on the matter.

(4)

Disclosure made pursuant to subsections (b)(1), (2) and (3) of this section 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.

(Ord. No. 98-12, § 1, 1-14-1999)