HomeMy WebLinkAboutOrdinance 97-04
ORDINANCE NO. 97-4
AN ORDINANCE OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA IMPLEMENTING THE PROVISIONS
OF SECTION 286.0115, FLORIDA STATUTES, TO
ESTABLISH A PROCEDURE GOVERNING EX PARTE
COMMUNICATIONS WITH LOCAL PUBLIC OmCIALS
CONCERNING QUASI-JUDICIAL MATTERS; PROVIDING
ADOPTION OF QUASI-JUDICIAL HEARING
PROCEDURES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 286.0115, Florida Statutes, enables a municipality to adopt an
ordinance or resolution removing the presumption of prejudice recognized in Jennill&S v 0 Dade
County from ex parte communications with local public officials (as "local public official" is
defined in ~ 286.0115(2), FlaoStato) by establishing a process to disclose ex parte communications
with such officials; and
WHEREAS, the City of Sunny Isles Beach finds it necessary to implement Section
28600115, Fla. Stat., by establishing a process to disclose ex parte communications
(communications made on behalf of one side only without the presence of the other side) with such
official; and
WHEREAS, the Commission of the City of Sunny Isles Beach wishes to adopt a set of
procedures for the Commission, such other board or boards as may be appointed by City
Commission, and applicants to follow as it assumes the regulatory jurisdiction of zoning and other
quasi-judicial matters, including those remanded by Dade County; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
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OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Communications with local public officials (as defined in Sec. 28600115(2),
FlaoStat.) regarding quasi-judicial matters shall be governed by the following procedure:
Ao If any person not otherwise prohibited by statute, charter provision, or ordinance
discusses with any local public official representing the City of Sunny Isles Beach the merits of
any matter on which action may be taken by any board, council or commission on which the local
public official is a member, such communication shall not raise any presumption of prejudice,
provided that the following process of disclosure occurs:
1. The subject and substance of any ex parte communication with a local public
official representing the City of Sunny Isles Beach which relates to quasi-judicial action pending
before the official, as well as the identity of the person, group or entity with whom the
communication took place, is disclosed and made a part of the record before final action is taken
on the matter.
20 A local public official representing the City of Sunny Isles Beach may read a
written communication from any person; however, a written communication that relates to
quasi-judicial action pending before such official shall be made a part of the record before final
action is taken on the matter 0
30 A local public official representing the City of Sunny Isles Beach may conduct
investigations, make site visits and receive expert opinions regarding quasi-judicial action pending
before him or her, provided that such activities and the existence of such investigations, site visits,
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or expert opinions is made a part 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.
Section 2. Unless otherwise provided by law, or by resolution of the City Commission
pertaining to a specific matter, quasi-judicial hearing procedures shall be substantially as follows:
QUASI-JUDICIAL PROCEDURES
City of Sunny Isles Beach, Florida
I. Purpose
It is the purpose of these rules to provide a fair, open and impartial procedure for the
consideration by members of the City Commission or such other zoning board or boards
as may be appointed by the City Commission of quasi-judicial matters in the course of
quasi-judicial proceedings.
II. Definitions
A. Applicant - An individual, corporation or other authorized legal entity filing an
Application or an appeal which initiates a quasi-judicial proceeding, including City
Staff and the City Commission.
Bo Application - An Application for a site-specific rezoning, variance, special
exception, conditional use permit, or other request for a quasi-judicial proceeding
or appeal as authorized by the City's zoning ordinance.
Co City Staff - An employee or agent of the City of Sunny Isles Beacho
D. Member - City Commissionl Appointee of Commission member to any zoning
board.
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Eo Chair - Mayor, unless otherwise provided/Mayor's appointee to any zoning board.
F. City Commission - The five (5) member elected Commissioner.
G. Planning and Zoning Board - An appointed zoning board, if one is so designated
by the City Commission.
III. Quasi-Judicial Proceedings
Ao Legal Representation
1. Applicants - Applicants may be represented by legal counsel.
2. The City Commission and/or the Planning and Zoning Board may be
advised by the City Attorney.
B. Participants at Hearings
All who testify on any Application must sign in and be sworn by the presiding
officer. All persons testifying subject themselves to cross-examinationo Each person
who addresses the City Commission and/or the Planning and Zoning Board, other
than members of City Staff, shall give the following information:
1. Name; and
20 Address; and
3. Whether they speak for themselves, a group of persons, or a third party; if
the person says that they represent an organization, they shall also indicate
whether the view expressed by the speaker represents an established policy
of the organization approved by the board or governing body; and
Co Conduct of Hearing
All quasi-judicial hearings shall be recordedo A court reporter may be retained and
paid for by any interested person to transcribe the proceedingso Any person may
order and pay for a transcript of the proceedingso Any such retained court reporter
shall identify himself/herself to the City Attorney before the hearing.
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The order of hearing shall be as follows:
1. The Chair shall read a preliminary statement once at the beginning of the
quasi-judicial public hearing agenda, announce the particular agenda item,
and open the public hearingo The Chair shall conduct the meeting and all
questions shall be through the Chair 0
2. The Applicant, witnesses, City Staff, and all participants asking to speak
shall be sworn. Attorneys shall be excluded, unless an attorney intends to
testify .
30 The Chair shall decide any parliamentary objections and objections to
evidentiary matters with the advice of the City Attorney or special counsel.
40 The City Staff shall present its report, offer it into evidence, and have it
made part of the record.
50 The Applicant shall present its caseo
60 Participants in support of the Application shall present their testimony and
any evidence.
70 Representatives of the opposition as may be designated by the opposition,
or the Chair, ifnecessary, shall have the right to cross-examine individual
speakers.
8. Members may ask questions of any speaker through the Chairo
90 Participants in opposition to the Application shall present their testimony
and evidenceo
100 The Applicant shall have the right to cross-examine individual speakerso
11. Members may ask questions of any speaker through the Chair 0
12. City Staff shall be given time for rebuttal, if requestedo City Staff shall be
subject to cross-examination.
130 Any other member of the public may testify and present evidence, and are
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subject to cross-examination.
140 The Applicant shall be given time for rebuttal, if requestedo
150 The Chair closes the public hearing. Members shall discuss the matter in
public session and render a decisiono No further presentations or testimony
shall be permitted unless directed by the City Commission andlor the
Planning and Zoning Board.
Do Record of the Hearing
Following the final disposition of the Application, all evidence admitted at the
hearing, the Application file, all City Staff reports, and the adopted order
promulgating the decision of the City Commission andlor the Planning and Zoning
Board shall be maintained in a separate file constituting the record of the
Applicationo The record shall be kept in the custody of the appropriate City Staff
at all time during the pendency of the Application 0 The record will be made
available to the public for inspection upon request during normal business hourso
Section 3. 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 parto
Section 40 Effective Dateo This Ordinance shall be effective ten days after adoption on
second reading.
Section 50 Inclusion in the Codeo It is the intention of the Commission, and it is hereby
ordained, that the provisions of this ordinance shall become an appendix to the City of Sunny Isles
Beach Code; that the sections of this ordinance may be renumbered or re-Iettered to accomplish
such intentions; and that the word "ordinance" shall be changed to "section" or other appropriate
word, as reqpired.
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FIRST READING the 21st day of August, 1997.
SECOND READING this 11th day of September, 1997.
The foregoing Ordinance was offered by Vice Mayor Turetsky. who moved its adoptiono The
motion was seconded by Commissioner Iglesias. The motion was approved by a vote of5-0 in favor:
Mayor David Samson
Vice Mayor Irving Turetsky
Commissioner Lila KauBinan
Commissioner Daniel Iglesias
Commissioner Connie Morrow
(yes) 2t...
(yes) 2t...
(yes) 2t...
(yes) 2t...
(yes) 2t...
(no)_
(no)_
(no)_
(no)_
(no)_
ATTEST:
SK:J/~...J. ~-~~
INTERI CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
,p,& 4'4.
L N Mo DANNHEISSER
CITY ATTORNEY
. .7,
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