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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.