97-22433 RESO
RESOLUTION NO.
97-22433
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, REPEALING
RESOLUTION NO. 95-21556 APPROVING PROCEDURES
FOR CONDUCTING QUASI-JUDICIAL HEARINGS AND
REPEALING RESOLUTION NO. 95-21823 REQUIRING
DISCLOSURE OF ALL EX-PARTE COMMUNICATIONS
REGARDING MATTERS THAT ARE THE SUBJECT
OF QUASI-JUDICIAL PROCEEDINGS AND WHICH
REESTABLISHED A PUBLIC DISCLOSURE PROCEDURE
FOR EX-PARTE COMMUNICA TIONS OF PUBLIC
OFFICIALS.
WHEREAS, on April 19, 1995, the Mayor and City Commission of the City of Miami
B~a(h adopted Resolution No. 95-21556 which approved procedures for conducting quasi-judicial
he. ar ngs, including procedures relating to ex-parte communications; and
WHEREAS, Section 286.0115, Florida Statutes, was thereafter created by the State
Ie ~islature which authorizes direct access to local public officials relating to pending quasi-judicial
a<. ticns which shall not be deemed prejudicial to such actions provided that the local government
a<. opts and establishes disclosure procedures set forth therein or by adopting an alternative process
fc r disclosure; and
WHEREAS, on November 21, 1995, the Mayor and City Commission of the City of Miami
BI:ach adopted Resolution No. 95-21823 which amended Resolution No. 95-21556 and reestablished
a JI lublic disclosure procedure for ex-parte communications with public officials relating to pending
ql asi-judicial proceedings; and
WHEREAS, the Mayor and City Commission of the City of Miami Beach deem it advisable
ar j in the best interests of the citizens and residents of the City to consolidate, and clarify those
pr )cfdures relating to the conducting of quasi-judicial proceedings, and ex-parte communications
reating thereto, and to codify same within the City Code of the City of Miami Beach; and
WHEREAS, on June 18
, 1997 the Miami Beach City Commission passed and
adopted Ordinance No, 97- 3084
amending Chapter 2 of the City Code entitled
", \.dministration", by creating a new Article II entitled "Quasi-Judicial Proceedings: Access to Public
C ffil:ials and Conduct of Proceedings"; by creating a new Section 2-33 thereof entitled "Access to
P lblic Officials in Quasi-Judicial Proceedings"; and by creating a new Section 2-34 thereof entitled
"I, ~ollduct of Quasi-Judicial Proceedings", thereby clarifying, consolidating, and codifying those
pocedures relating to the conducting of quasi-judicial proceedings and ex-parte communications
ir the Miami Beach City Code; and
WHEREAS, in view of the adoption of Ordinance No. 97-3084
, Resolution Nos.
9 ;-21556 and 95-21823 are superseded thereby and should be repealed in their entirety.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
C O!IYlMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that Resolution Nos. 95-21556
and ~5-21823 are hereby repealed in their entirety.
PASSED and ADOPTED this 18th day of
June
,1997.
A nEST:
APPROVED /4S TO
FORM & LANGUAGE
& fOR EXECUTION
1<)~~ (JG\A~
CITY CLERK
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F:\. TTC ITURN\RESOSIREPEALNG.RES
Is t ~eading 5/21/97
2n i~eading 6/18/97
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OFFICE OF THE CITY ATTORNEY
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MURRAY H. DUBBIN
City A:tomey
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM NO. ~
DATE: JUNE 18, 1997
TC: MA YOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
FR ::>M: MURRA Y DOBBIN JIA I j,d I Illy--..
CITY ATTORNEY Ivvl ~WWv
JOSE GARCIA-PEDROSA 1J
CITY MANAGER /I'
SUBJ!ECT: CODIFICATION OF PROCEDURES RELATING TO QUASI-JUDICIAL
PROCEEDINGS AND ACCESS TO PUBLIC OFFICIALS IN QUASI-
JUDICIAL PROCEEDINGS
On April 19, 1995 Resolution No. 95-21556 was adopted which approved procedures for
COl ducting quasi-judicial hearings, including procedures relating to ex-parte communications.
Th:reafter, additional procedures were created in Section 286.0115, Florida Statutes authorizing
dir:ct access to local public officials relating to pending quasi-judicial actions which shall not be
de( med prejudicial to such actions provided that the local government adopts and establishes the
dis:lo sure procedures set forth therein or by adopting an alternative procedure for disclosure. On
No rember 21, 1995 the City Commission adopted Resolution No. 95-21823 which amended
Re: ohtion No. 95-21556 and re-established a public. disclosure procedure for ex-parte
cor llllunications with public officials relating to pending quasi-judicial proceedings.
In order to consolidate, and codify those procedures relating to ex-parte communications and
the cOlducting of quasi-judicial proceedings, the Office of the City Attorney recommends that the
aU, ch ~d Ordinance be adopted which combines and clarifies the procedures set forth in the two
pre riously adopted Resolutions. Since first reading of the proposed Ordinance, minor changes have
bee 11 made, as indicated by strike through and shading, to further clarify the procedures and
def nitions. As the attached Ordinance will supersede the two previously adopted Resolutions, it is
fUI1 he~ recommended that the prior Resolutions be repealed via the companion Resolution to this
Orc inimce. A d It C) c::. a.
gen a ern~
L::. - \ ~..91
DTl'kw<' "". "'i^~OHe,nvention Center Drive - Fourth Floor - Miami B
Date