HomeMy Public PortalAboutPolicy on Ex Parte CommunicationsINTER -OFFICE MEMORANDUM
TOWN OF GULF STREAM, FLORIDA
OFFICE OF THE TOWN CLERK
RITA TAYLOR
DATE: 10-2-95
TO: Town Commissioners
RE: Town Manager Memo to ARPB regarding Ex Parte Communications
Mr. Harrington offered some suggestions regarding the handling
of the matter of Ex Parte Communications in his memo to the ARPB.
We are enclosing a copy of that memo for your information.
TOWN OF GULF STREAM
TOWN COMMISSION POLICY
EX PARTE COMMUNICATIONS
It is the policy of the Town Commission of the Town of Gulf Stream, Florida to discourage
Commission members and advisory board members from engaging in ex parte
communications regarding matters of a quasi-judicial nature. Such matters include, but
are not limited to, Architectural/Site Plan Reviews, Special Exceptions, Variances and
Rezonings. If a Commission or advisory board member does engage in an ex parte
communication, then said member shall disclose the communication in accordance with
Town of Gulf Stream Resolution No. 95-9.
Passed on a motion duly made and seconded on the 5th day of September, 1995 by a
unanimous vote of those Town Commissioners present.
INTER -OFFICE MEMORANDUM
TOWN OF GULF STREAM, FLORIDA
OFFICE OF THE TOWN MANAGER
E. SCOTT HARRINGTON
DATE: September 22, 1995
TO: Architectural Review and Planning Board Members
RE: Town Commission Resolution and Policy on Ex Parte Communications
Attached please find Resolution No. 95-9 on ex parte communications and a Town
Commission Policy dealing with the same issue.
As you are aware, recent court cases found many zoning -type review procedures to be
quasi-judicial proceedings that are subject to the same ex parte communication
prohibitions as court proceedings. In other words, for matters such as Architectural/Site
Plan Reviews, both the ARPB and Commission are acting as "judges" in determining
whether to grant approvals. Accordingly, the final decision should rely exclusively on the
evidence presented at the public hearing and communications outside of the public
hearing with either the applicant or residents would be prohibited.
A number of local governments were very unhappy with this restriction on outside
communications and petitioned the state legislature to change the law. The result is the
bill that is attached to the resolution. Basically, the new law permits local governments
to establish their own policies on ex parte communications, provided all such
communications are disclosed at the public hearing.
In an effort to gain local control over this issue, the Town Commission passed Resolution
No. 95-9, which permits ex parte communications by the Commission and ARPB with the
disclosure requirement. However, as a general rule, the Commission still felt ex parte
communications should be discouraged. Accordingly, they passed a separate policy on
a motion vote expressing this position.
Architectural Review and Planning Board
Ex Parte Communications
September 22, 1995
Page 3
So what should the Board do? Here are some suggestions:
1. As before, try not to talk to people about pending matters before the Board. If
someone has something to say, encourage them to come to the meeting and
present their thoughts there. By all means, don't be afraid to point to the policy
as the reason you can't talk to them.
2. If someone just won't let you go, then be sure you make a note of the discussion
(who and when) and be sure to state at the public hearing that the communication
took place. This is necessary even if you do not actively participate in the
discussion. Details of the discussions are not required; however, disclosure that
a discussion took place is critical. If a communication takes place, however
inconsequential, and is not disclosed, the final action can be voided by the courts.
3. If you have a communication, intentional or not, you should not rely on any
information given except that presented at the hearing. If someone tells you
something important and relevant in private, strongly encourage them to put the
information on record at the meeting, or have them write a letter. If the person
can't or won't put the information on record, you may want to have staff investigate
the matter and bring it forward. In any case, if the information is not on the record,
it should not be considered.
4. Despite these changes regarding ex parte communications, it is important to
remember that Architectural/Site Plan Review, Special Exceptions, etc. are still
quasi-judicial matters. In each of these proceedings, there is a set of standards
that apply, and the only issue is whether the applicant meets the standards or not.
No other issues should be discussed or considered. Accordingly, we will continue
to conduct our meetings the same way as before by swearing-in speakers,
permitting cross-examination, and discouraging irrelevant testimony. The single
difference will be that immediately after the Town Clerk introduces an item, Board
members will be asked to disclose any outside communications (who and when).
The meeting will then proceed as before with the applicant making a presentation,
etc.
TOWN OF GULF STREAM
TOWN COMMISSION POLICY
EX PARTE COMMUNICATIONS
It is the policy of the Town Commission of the Town of Gulf Stream, Florida to discourage
Commission members and advisory board members from engaging in ex parte
communications regarding matters of a quasi-judicial nature. Such matters include, but
are not limited to, Architectural/Site Plan Reviews, Special Exceptions, Variances and
Rezonings. If a Commission or advisory board member does engage in an ex parte
communication, then said member shall disclose the communication in accordance with
Town of Gulf Stream Resolution No. 95-9.
Passed on a motion duly made and seconded on the 5th day of September, 1995 by a
unanimous vote of those Town Commissioners present.