HomeMy WebLinkAboutResolution No. 1995-55•
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RESOLUTION NO. 95 -55
A RESOLUTION OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA; ADOPTING THE
PROVISIONS OF 286.0115, FLORIDA STATUTES,
THEREBY REMOVING THE PRESUMPTION OF
PREJUDICE FROM EX -PARTE COMMUNICATIONS WITH
THE CITY COUNCIL MEMBERS; ESTABLISHING A
PROCESS TO DISCLOSE EX -PARTE COMMUNICATIONS;
PROVIDING FOR AN E}. ECTIVE DATE.
WHEREAS, government in Florida and the City of Cape Canaveral is conducted in the
Sunshine pursuant to Chapter 286, Florida Statutes; and
WHEREAS, the public should be able to voice its opinion to the elected council
members; and
WHEREAS, elected council members are presumed to perform their duties in a lawful
and proper manner; and
WHEREAS, quasi-judicial decisions making must be based on competent substantial
evidence of record; and
WHEREAS, the city council members of the City of Cape Canaveral, Florida have been
obstructed or impeded from the fair and effective discharge of their duties and responsibilities
due to the expansive interpretations of Jennings v. Dade County, a decision rendered by the
Third District Court of Appeals for the State of Florida; and
WHEREAS, the State of Florida, pursuant to House Bill No. 5, has adopted and created
Section 286.0115, Florida Statutes, to provide access of the public to local public officials and
provides a procedure for requiring disclosure of ex -parte communications; and
WHEREAS, Section 286.0115, Florida Statutes, provides that a municipality may adopt
Resolution No. 95 -55
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by Resolution the authority and procedures set forth therein to remove the presumption of
prejudice from the ex -parte communications.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. Section 286.0115, Florida Statutes, is hereby adopted in its entirety for
the purposes of removing the presumption of prejudice from ex -parte communications with city
council members of the City of Cape Canaveral, Florida, and for the purpose of adopting the
procedures set forth in Sections 286.0115(3) and 286.0115(4).
,SECTION 2. This Resolution shall take effect immediately upon its adoption.
� `BY the City Council of the City of Cape Canaveral, Florida, this
r.E
st >day of Novem1 of V V995.
ATTEST'��"� ®'
Sandra. . Sims, CITY CLERK
APPROVED AS TO F,
Kohn Bennett, C�'`Y ATTORNEY
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John K. Porter, MAYOR
NAME FOR AGAINST
BRUNS ,
NICHOLAS
PETSOS
PORTER
RANDELS
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