03-21-2013 WorkshopThe of
Ao
ura
19200 West Cnuntry Club Drive Aventura- FT.
City Commission
Workshop Meeting
March 21, 2013
Following 9 AM Special Commission Meeting
Executive Conference Room
AGENDA
1. Ex -Parte Communications (City Manager)
2. NALEO Conference (Vice Mayor Luz Weinberg)
3. Adjournment
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are
disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office
of the City Clerk, 305- 466 -8901, not later than two days prior to such proceeding.
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Sec. 34 -34. - Ex -parte communications.
(a) Except as otherwise specified herein, 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) Except for the specific issue which is the subject of a pending quasi - judicial matter for which
an application has been filed with the City pursuant to section 34 -32 of this Code, any
Commissioner may choose to discuss the merits of any proposed project or development on
which action may be taken by the Commission with any person not otherwise prohibited by
statute, charter provision, section 34 -40 or other ordinance, if the Commissioner complies
with the applicable procedures of paragraph (c) and (d) of this section 34 -34. As to any
specific issue which is the subject of a pending quasi - judicial matter for which an application
has been filed with the City pursuant to section 34 -32, outside of the public hearing
Commissioners are prohibited from discussing the merits of the specific issue for which
approval is sought by the pending application with any person other than the City staff. The
term "specific issue ", as used in this paragraph, refers to the specific variance, conditional
use, rezoning, site plan, plat approval or like item for which approval is sought, rather than
referring to the general matter, as opposed to the merits, of the proposed project or
development itself, Notwithstanding any contrary provision of this paragraph (b), the
prohibitions of this paragraph (b) shall not apply to applicant conferences with the City
Manager which are attended by individual Commissioners (no more than one Commissioner
at each conference) provided that the City Manager first finds and certifies in writing that the
application concerns a project of significant impact, and schedules such conferences. The
term "project of significant impact," as used in this paragraph, means a project which has the
potential to substantially enhance or substantially impair the public health, safety or welfare.
(c) Compliance with the procedures of this section 34 -34 shall remove any presumption of
prejudice arising from ex -parte communication with any Commissioner.
(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 quasi -
judicial 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 Commission 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 and site visits. Except as provided in paragraph (b) above,
Commissioners may conduct investigations and site visits and may receive expert
opinions regarding a quasi - judicial action pending before them. However, in any
event, 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)
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Commissioners must make disclosures of their ex -parte communications (regardless of
whether or not such ex -parte communications are prohibited by paragraph (b) above) 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. 2001 -06, § 3, 6 -5 -01; Ord. No. 2002 -28, § 2, 11- 12 -02)
Sec. 34 -40. - Public statements by Commissioners.
(a) The Mayor and Commissioners shall each avoid publicly expressing their intention, either
directly or indirectly, to vote for or against a pending quasi - judicial matter or working to
influence public opinion upon a pending quasi - judicial matter, prior to hearing held pursuant
to City Code section 34 -32. A quasi-judicial matter is pending when an application has been
filed pursuant to City Code section 34 -32
(b) The failure to comply with the restriction provided in paragraph (a) of this section shall not
invalidate any action or decision of the City Commission so long as the decision or action of
the City Commission is supported by competent substantial evidence of record as required
by law.
(c) Any members of the City Commission violating the standard of conduct set forth above shall
be subject to public censure by the City Commission, subject to rules adopted by the City
Commission providing the accused Commissioner with a fair hearing, including an
opportunity to be heard. The Commission reserves the right, by subsequent ordinance to
prospectively implement other sanctions, in the event that the sanction provided for above is
not effective in implementing the purposes of this section.
(Ord. No. 98 -23, § 1, 10 -6 -98; Ord. No. 2001 -06, § 2, 6 -5-01)
Editor's note—
Ord. No. 2001 -06, § 2, adopted June 5, 2001, renumbered the former 34 -33 as 34 -40. The
historical notation has been retained with the amended provisions for reference purposes.
See the editor's note to Art. II for further information.
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