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1 ORDINANCE ______________ __
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3 An Ordinance amending the City of South Miami Code of Ordinances, Section
4 2-2.1 and adding subsection (0) to establish, pursuant to Section 286.0115,
5 Florida Statutes, a procedure governing ex parte communications in connection
6 with quasi-judicial matters.
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9 WHEREAS, the City desires to implement Section 286.0115, F.S. by establishing a process to
10 disclose ex parte communications with local public officials; and
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12 WHEREAS, Section 286.0115(1)(a) provides that a " ... municipality may adopt an ordinance or
13 resolution removing the presumption of prejudice from ex parte communications with local public
14 officials by establishing a process to disclose ex parte communications with such officials pursuant to this
15 subsection or by adopting an alternative pro<:;ess for such disclosure."
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17 WHEREAS, the City Commission finds that adoption of these regulations is in the best interest
18 of the City and of the citizens of the City of South Miami.
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20 NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
21 OF THE CITY OF SOUTH MIAMI, FLORIDA AS FOLLOWS:
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23 Section 1. Section 2-2.1 of the City of South Miami Code of Ordinances, titled "Rules of
24 procedure of city commission" is hereby amended to include Subsection 0 as follows:
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26 (0) Ex Parte Communications with Local Public Official. Communications with local public
27 officials regarding quasi-judicial matters, including the adjudication of the rights of persons and the
28 application of a general rule or policy to a specific individual, property, interest or activity shall be
29 governed by the following procedure:
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31 A. Any person who fully and faithfully follows each and everyone of the requirements of
32 this ordinance, as set forth below, and who is not otherwise prohibited by statute, charter
33 provision or ordinance may discuss with any local public official the merits of any matter on
34 which action may be taken by any board or commission on which the local public official is a
35 member. As used in this subsection, the term "local public official" means any elected or
36 appointed public official holding a municipal office who recommends or who takes quasi-judicial
37 action as a member of a board or commission. If any quasi-judicial action is contemplated at the
38 time of any verbal communication, and if the following procedures are followed, the presumption
39 of prejudice arising from ex parte communications with local public officials shall be removed
40 pursuant to Section 286.0115(1), F.S:
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42 1. The substance of any ex parte communication with a local public official which relates to
43 quasi-judicial action pending before the official is not presumed prejudicial to the action if the
44 subject of the communication and the identity of the person, group, or entity with whom the
45 communication took place is disclosed in writing, as soon as practicable after the communication
46 takes place, with City Clerk and is disclosed and made a part of the record at the hearing before
47 final action on the matter.
48 2. A local public official may read a written communication from any person. Any written
49 communication that relates to quasi-judicial action pending before a local public official, shall not
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be presumed prejudicial to the action, provided such written communication is disclosed and
made a part of the record before final action on the matter.
3. A local public official may conduct investigations, make site visits and receive expert
opinions regarding quasi-judicial action pending or impending before him or her provided that
such activities and the existence of such investigations, site visits or expert opinions is made apart
of the record before final action is taken on the matter.
4. Disclosure made pursuant to paragraphs 1,2 and 3 above 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.
5. A person who appears before the decision-making body who is not a party or party-
intervenor may be allowed to testify before the decision-making body, subject to control by the
decision-making body, and may be requested to respond to questions from the decision-making
body. The decision-making body shall assign weight and credibility to such testimony as it
deems appropriate. A party or party-intervenor in a quasi-judicial proceeding on local
government land use matters, upon request by another party or party-intervenor, shall be sworn as
a witness, shall be subject to cross-examination by other parties or party-intervenors, and shall be
required to be qualified as an expert witness, as appropriate.
6. All decisions of the decision-making body in a quasi-judicial proceeding shall be supported by
substantial, competent evidence in the record pertinent to the proceeding.
Section 2. _Severability. The provisions of this Ordinance are declared to be severable and if any
section sentence clause or phrase of this Ordinance shall for any reason be held to be invalid or
unconstitutional such decision shall not affect the validity of the remaining sections sentences clauses and
phrases of this Ordinance but they shall remain in effect it being the legislative intent that this Ordinance
shall stand notwithstanding the invalidity of any part.
Section 3. _Codification. The provisions of this Ordinance shall become and be made part of the
Code of Ordinances of the City of South Miami as amended; that the sections of this Ordinance may be
renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to
"section" or other appropriate word.
Section 4. _Ordinances in Conflict. All ordinances or parts of ordinances and all section and
parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the intent
of this section to repeal entire ordinances, or parts of ordinances, that give the appearance of being in
conflict when the two ordinances can be harmonized or when only a portion of the ordinance in conflict
needs to be repealed to harmonize the ordinances. If the ordinance in conflict can be harmonized by
amending its terms, it is hereby amended to harmonize the two ordinances. Therefore, only that portion
that needs to be repealed to harmonize the two ordinances shall be repealed
Section 5. Effective Date. This Ordinance shall become effective upon final adoption.
PASSED AND ADOPTED this __ , day of ___ , 2014.
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ATTEST:
CITY CLERK
1 st Reading:
2nd Reading:
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
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APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Liebman:
Commissioner Welsh:
Commissioner Edmond: