§ 30-254. Ex-parte communication.

(a)

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

(b)

Any councilmember may choose to discuss the merits of any matter on which action may be taken by the council with any person not otherwise prohibited by statute, Charter provision, or ordinance if the councilmember complies with the procedures of this section.

(c)

Compliance with the procedures of this subsection shall remove the presumption of prejudice arising from ex-parte communication with any councilmember:

(1)

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 quasijudicial 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.

(2)

Written communications. Any written communication related to an application pending before the council 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.

(3)

Investigations, site visits and expert opinions. Councilmembers may conduct investigations and site visits and may receive expert opinions regarding a quasijudicial 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)

Councilmembers must make disclosures of the ex-parte communications listed in subsection (c)(1), (2), or (3) of this section 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. 01-19, § 1(4.2.4), 11-19-2001)