Resolution 150-2013RESOLUTION NO. 150 -2013
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING SECTION 1.03(i) OF
THE BOARD'S ADMINISTRATIVE PROCEDURES TO COMPLY
WITH ORDINANCE NO. 012 -2013 CONCERNING EX PARTE
COMMUNICATION
WHEREAS, on November 17, 2010, the Board passed Ordinance No.035 -2010 which
established Monroe County Code Sec. 2 -202 concerning quasi-judicial proceedings, and ex parte
communications, and
WHEREAS, the Board of County Commissioners passed Ordinance No.012 -2013 on March 20,
2013, which made clear the adoption of the portion of the Ordinance No. 035 -2010 dealing with
and eliminating the presumption of prejudice arising from ex parte communications with local
public officials; and
WHEREAS, Ordinance 035 -2013 directed that the Board of County Commissioners
Administrative Procedures be amended to reflect the changes;
NOW, THEREFORE, BE IT RESOLVED by the Monroe County Board of County
Commissioners:
Section 1.03(1) of the Administrative Procedures of the Board of County Commissioners is
amended as follows:
i) A - Gem -Commissioner- may not — — . k diseussion about a quasi ju dieial
agenda item outside the eonfifies ef the Cetmty Cofmaission meeting with any pai4y
t,.,ying an i in the ite if ., r,,, n4y Commissioner- i s i n a, u bt as to whether ,.
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i) Commissioners may communicate with any person concerning land use matters even
though they are quasi-judicial. Disclosure of such communication is not required. All
decisions of the Board must be supported by substantial, competent evidence,
irrespective of such communication. Examples of land use matters before the Board
are zoning map amendments, administrative relief, beneficial use determinations, an d
appeals from ROGO rankings. Flood plain management appeals and variances also
come under this category
uasi- iudicial matters which are not land use matters may be discussed with an
person. However, the identity of the person and the subject of the communication
must be disclosed and made a part of the record before final action. Written
communication from a party must be made a part of the record before final action.
Commissioners may conduct investigations and site visits and may receive expert
opinions regarding the matter. These activities must be disclosed and made a part of
the record before final action. All disclosures must be made at the beginning of f the
meeting, or before an agenda item is called so that persons having a contrary opinion
still have opportunity to comment. In the event such disclosure is made during the
item discussion, persons who desire to speak to refute or respond may still comment.
Examples of quasi judicial matters which are not land use matters which may become
before the Board are appeals of right-of -way decisions. There are very few quasi —
judicial decisions which are not land use matters considered by the Board. If a
Commissioner is in doubt as to the nature of the matter, the commissioner should
contact the County Attorney or an assistant county attorney.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a
regular meeting held on the 15th day of May, 2013.
Mayor George Neugent
Mayor pro tem Heather Carruthers
Commissioner Danny L. Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONK E COUNTY, FLORIDA
BY: �)4`164PN
Mayor George Neugent
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
Deputy C1
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WrIONROE OUNT'Y ATTORNEY
APPRIDVED AS TO FORM:
SI Sit N M. GRIM&EY
ASSIST NT COUNTY ATTORNEY