HomeMy WebLinkAboutRE Important Board of Adjustment ProceduresHow about:
Change subject to Ex parte Communication
Mr. Greene,
As discussed, the City Attorney’s Office prepared the attached e-mail
to the Board of Adjustment Members regarding ex parte communication.
This issue will be discussed with the appropriate boards over the next
several months, but thought it important enough to provide some guidance
to the BOA in the short-term. The appropriate City boards have been
copied on this email so they are aware of the issue.
Should you have any questions regarding this matter, please let Angie
or me know.
Angela M. Apperson, MMC
City Clerk
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920
www.cityofcapecanaveral.org <http://www.cityofcapecanaveral.org/>
Office Phone: 321-868-1220 x 220
Office Fax: 321-868-1248
From: David Dickey
Sent: Wednesday, February 25, 2015 4:31 PM
To: Angela Apperson
Subject: FW: Important Board of Adjustment Procedures
Angie – thoughts?
Mr. Greene – below is an email that was distributed to the Board of
Adjustment earlier today regarding ex parte communication. The City
Attorney’s office was asked to prepare the email prior to tomorrow
night’s BOA meeting regarding Cumberland Farms due to the intense
community interest and dialogue related to this project. This issue
will be discussed with the appropriate boards over the next several
months, but thought it important enough to provide some guidance to the
BOA in the short-term. The appropriate City boards have been copied on
this email so they are aware of the issue.
Should you have any questions regarding this matter, please let Angie
or me know.
From: Kim Kopp [mailto:kkopp@orlandolaw.net]
Sent: Wednesday, February 25, 2015 3:11 PM
To: arvoelau@aol.com <mailto:arvoelau@aol.com> ; Desann24@msn.com
<mailto:Desann24@msn.com> ; doug7048@inbox.com
<mailto:doug7048@inbox.com> ; sweetmang@bellsouth.net
<mailto:sweetmang@bellsouth.net> ; joecool@bikramyogami.com
<mailto:joecool@bikramyogami.com> ; ibboiler@hotmail.com
<mailto:ibboiler@hotmail.com>
Cc: David Dickey
Subject: Important Board of Adjustment Procedures
PLEASE DO NOT HIT REPLY ALL – SUNSHINE LAW
Good afternoon Members of the Board of Adjusment,
In the upcoming weeks, I will be providing training to members of the
Board of Adjustment as a refresher on meeting procedures and
quasi-judicial hearing requirements. Today, I am sending you all a
quick note regarding ex parte communications. If anyone has questions,
I can be reached at the below telephone number.
First of all, what are ex parte communications?
Ex parte communication occurs when a member of the public or interested
party communicates with a board member regarding a quasi-judicial matter
to be considered by the Board of Adjustment. These communications may
be verbal or written, and may include investigations, expert opinions or
site visits by the board member. Special exception and variance
applications are an example of quasi-judicial matters. Tomorrow night’s
hearing on an application for a special exception is a specific example
of a quasi-judicial hearing. Therefore, if any board member has
discussed this application (verbally or in writing) with a member of the
public or interested party, these discussions are considered “ex parte
communications.”
Why do ex parte communications matter?
It is important that members of the board of adjustment only consider
evidence obtained at the quasi-judicial hearing when making their
decisions. Members of the board of adjustment are permitted to
communicate with persons regarding a matter that is at issue in a
quasi-judicial proceeding so long as each member of the Board remains an
impartial arbiter and makes their decision after receiving all of the
evidence presented at the hearing, based on the evidence presented at
the hearing. While ex parte communications are not prohibited, such
communications should be fully disclosed at the meeting. This will give
other parties the opportunity to respond to ex parte communications in
the public hearing context, if they desire to do so.
How and when to disclose verbal and written ex parte communications:
To the extent that any ex parte communications may have occurred, I am
recommending that each board member disclose the identity of the person,
group, or entity with whom any ex parte communication was made and the
subject matter of the communication. Moreover, any actual written
communications received outside of the public hearing should be entered
into evidence at the hearing. Therefore, please gather and bring any
written ex parte communications to tomorrow night’s meeting, if any
exist. Tomorrow night, I will recommend that any disclosures should be
made as soon as practicable at the public hearing to allow the parties
involved to refute or respond to the ex-parte communication. Therefore,
I will recommend that disclosures be made at the beginning of the public
hearing, prior to the receipt of testimony.
Additionally, information received as a result of the
ex parte communications may not persuade members of the Board to the
point that a member cannot hear the case fairly and impartially. If a
member of the Board has reached a firm decision on any quasi-judicial
matter and can no longer hear the matter fairly and impartially as a
result of an ex parte communication, then mere disclosure of the ex
parte communication will not cure that problem and that member should
abstain from the decision.
Again, if anyone has any questions, please do not hesitate to contact
me via telephone. I will be providing additional training to the board
on quasi-judicial hearing procedures including but not limited to ex
parte communications at a future board of adjustment meeting, but this
has not been scheduled yet. Please do not “Reply All” to this email
for Sunshine Law reasons.
Thank you,
Kimberly Romano Kopp, Esq., LEED AP
Brown, Garganese, Weiss & D’Agresta
Senior Attorney
111 N. Orange Ave., Suite 2000
P.O. Box 2873
Orlando, Florida 32802-2873
Phone (407) 425-9566
Fax (407) 425-9596
Kissimmee (321) 402-0144
Cocoa (866) 425-9566
Website: www.orlandolaw.net <http://www.orlandolaw.net/>
Email: kkopp@orlandolaw.net <mailto:kkopp@orlandolaw.net>
Any incoming e-mail reply to this communication will be electronically
filtered for "spam" and/or "viruses." That filtering process may result
in such reply being quarantined (i.e., potentially not received at our
site at all) and/or delayed in reaching us. For that reason, we may not
receive your reply and/or we may not receive it in a timely manner.
Accordingly, you should consider sending communications to us which are
particularly important or time-sensitive by means other than e-mail.
Confidentiality Note: This e-mail, and any attachment to it, contains
privileged and confidential information intended only for the use of the
individual(s) or entity named on the e-mail. If the reader of this
e-mail is not the intended recipient, or the employee or agent
responsible for delivering it to the intended recipient, you are hereby
notified that reading it is strictly prohibited. If you have received
this e-mail in error, please immediately return it to the sender and
delete it from your system. Thank you.
Florida has a very broad public records law. As a result, any written
communication created or received by the City of Cape Canaveral
officials and employees will be made available to the public and/or
media upon request, unless otherwise exempt. Under Florida Law, email
addresses are public records. If you do not want your email address
released in response to a public-records request, do not send electronic
email to this entity. Instead, contact our office by phone or in writing
Florida has a very broad public records law. As a result, any written
communication created or received by the City of Cape Canaveral
officials and employees will be made available to the public and/or
media upon request, unless otherwise exempt. Under Florida Law, email
addresses are public records. If you do not want your email address
released in response to a public-records request, do not send electronic
email to this entity. Instead, contact our office by phone or in writing
Florida has a very broad public records law. As a result, any written
communication created or received by the City of Cape Canaveral
officials and employees will be made available to the public and/or
media upon request, unless otherwise exempt. Under Florida Law, email
addresses are public records. If you do not want your email address
released in response to a public-records request, do not send electronic
email to this entity. Instead, contact our office by phone or in writing
雅ٟ끣↹詧唘滁碇縤�欄ࢍፇ퉼㵒靜᷂ࡂ㫼⓺Ⳳ練퉼뀤쎱렁熐ퟩꓲ緰ꯕ䣼勱첥퉮㭹㝔ꭝ较呜㺗턘凼먼触ꪙ貤侒ｮ仑뗟強몸쳰뫗釤쥲휔�ႎ翣럒ﯴ巻칎쬻툩祻兆앪빰鈄貿䠊䶬磄脁Ϡ俍泥轢馗꘢ᰵ燲ﳛ嵱ᖝç硝쑫뻗딙䎂깫骹䗖䀼﵈㔇䬷㾖䘄粚靥鉎舩퐵韶㒺걺ꥒ碶�搌岃肧�糭ꠏ㖲쿻ᱱ항處縔朠㧼㓖绘�뜤ꏐ웛⫩ė랑谓콵뼴渇鬡뇁䪪ㅱݥ鞑搤䟗询潉㦼媩煀혬⋒퓣격蘿봚�ﳭ軕⑻⟲�䈆犼嘻聟ꭼ⿻�㩃錼瘡
䢞쁥䨿蔷䪓禘멗转벟ㆿ䒓﮶쑿揍蝘㷾귭쮒烲縀�ᕗꛠ벍␂ｒ栀涄뀇콓ꟴ뢶긷썾예㵹뜪쏃闽彗쬥뗝寤湣ퟣ縜捵둞䭭曢퍴隠�ਙ蔛�㋔䴃옢ꎭ០и駹闾ꯜ꠫恥䛊݁혠踗玴㋖瑖㩟܆䠄込壥簺숟۲פּ蘱漴촇Ϗ꯱༟ꜯ愯ꙸ釒ຬǤ띷äቯ狫ᔏﻩ笝寫骘汷ࡩ䘼�켽䩟雉ٝ钆⸭厭鑭⮫ꁹ믥戆㵹鱺ﯕႩ廼ﶲ珢뢤瀃柳䧳䛢粌皸籐貛笂ꊉ蕯槞␖�и뭦偉渼Ɪ厡榐獇╯쪼㤚ꌔ�訑꿳섌靶䰩
ꏽ㧭笸셽羑윓Ʀ龫̒멩ÿﲆ≃枓灥鱣袎̟ﾭᰀ쑜ᴼ늨鞕럏쐱鼗頱䁡㇗췢騸聼횴䏰揦烸鿀듊朼ﱒ밻弱⥃첞樬ᢎ䂒㫬穔탤솿棧䛦퓘쌐�綼ꡫ쯰䱳灥淪쌢逃䅾㕚뻦퐏糬獍홀盌燏흸䵐Ⱦᭈ侶鹝궛彘珪槛哞�⎮䗁텣᱁�뺰㨓设涩潵駸绎鹓鯢컰鉅엳夅畎켁乡䯰碫엋巡祐籔켃㳝扝ᄿ∗ᷞ雀䶆肛㛾珮럏嬕糡⛖쓳�戼ꤣ趹ݮ甠ۇ⤓䂋❥䟻ܸ쌿둌Ｋ㌌铽ᦃÿ坬䕭儔ᑅ䕑儔ᑅ䕑儔ᑅᩔ閅ꖾ㕥�䡢䈦ꞎ㖸寏㹼⃐ꛓ�朮喂Ӛ돓揹㯑
❗雰㚕몂⸞넣⤀⚍遬ጻ勩ඟ鷙츓﮺霟淥绳顭�엵뜥겆瓭ꈳ㷃�⢕鴇⫳삞˵菾ᇫ扣緓䦝鈪뽉穮뇢㺇븜擔タ潏Ꜭଲ豹﹪ʹ⾵⾼�뇨쵨蘁⛎䕖誅⬕玎繄뜝쀲執块溫襋⨃蹱㉍쏯霖쌚幝幚譈받怓踲ꦀᨄꚻ囩燚뛓曩랕鸻㿙껒ᣖ귰㞔�俘ꝵ솽짌達闺耠약線鮶♛ⳕ顙뎜ܟラ鍫ᇫ㧏ⳝ㍫餈벿煔定ि�풺���ꜝ〤쟴煌�뀒硽虫샭‧㫮�य़�褧匓�䌥ힵῘ橏ཏ䭸ዤꛇ퇀⣉컃뫍ữ䆟⛅㜽뽅뾸箳㺯즘〻‹毽聰
ࡆ㗈䩓ⷓ謴댵袲コ低棪瓓䷋㤮뎣䒄䲳㣓�骺꾥捸흍럦ﾖ혌Ữ錠в��ꮝ潸홎쨾苗첡ꐲ껌힇㕰踥殅癩辷씭쫝䒩툃슏✺皉丝䧌索凙㢊餞ꨝ菆쌯웶㈍懕㥖칶콙➩媓콕﹫裯蔮溎备爢�畜킫筸땍�둉�냚ࣃꭘ刟깛굏杍�槙ꔫ攋ⵏ牁彈뺪駎쓡隴�웤돒紮橰떖ῠ왷ﷃ뤡襧㋚ÿ畜Ꭽ栰䛇྆쐢펮Ⱌ⁗짵끍龆ᶤ퀦ᗏҡቬ䂶䀽椽㾺璆ዝ䯂㠍്蒼뺒ᱫ휓ꁋ歸闰푴▒랙ꛈ셂힛磋숶黄鴫美Џ亻㿐㗇嶺骦㘥糨鯉뉴�ῲ橒�
쵫畩涉`擅坥䷇烀歪ຏ睩뮾븥굯쯓럧翢퐺膻䤢遢瑭遱�ꊰ廰溗嶾훶儀�掬㻰놕竖뽝墠칣ᵈꤧ鴵♍ÿ譗롖暎螽峽暂㸛ᲀ땓୯婩��狼㗋첱츹ࡆ꧴췵䴇곗阅溧∮ᔄ逤緊畃댆쁟ᵾ�⸨▭墺窟㬒퍧㝛敚璞读⮵쒴揅黨蟖ෛ嘵᳠뮫ÿ煷器꧵糯ꌥ毟ᄷ潎잢⪗䣜㶻ހ꤃낭0着钅蔺�擎㠑秃㉲㴒࠲鼵碠䝗ÿ鯬他㱙᧹ዃ嬳搄켑蘾沱┼곺궺厴㊧湈㭤ꃾබꭍ矸핌⇮릹횉珵⏃≇滻㡒꯶ᨖꕕ銄ቍ䶳̦⏍皗
똃潏ꍪ萷禴ꖵ擖掆뽾潶䦴ẕ枀�䡣횳骬䠞젢믋菫镆�ᙩ愋᭧눭Ⰼ顏⮞�뻀됝銻�ꏅ৳ር焢쳽�蝇紴툚䵛옾ℸ㺛豢劣鳫㯕Џ牸⯂ꂈ叓룋ᷜ餝ϔÔ梅髨鼶墡隭ޛʓ跳迅秦㞫͵⅃赠�俅⯦༊砂��첃猹쐕뢋殪ݯ癨굟붳맅㜦枖Ᵹ鋗䵪쉗⺺ꢯꡃ�먇薋墑⎩⧲磱䙧嚋婝ࠫ꿃ἃ饎꯷薺뚍梥韶ⲑ㺰⌷㡴︹ﮔ墛괮됤㖚⑸豂ꆇㅒ粊ꐐ⠱꩐낣ĜṾ俓㾌�鐛渌̮␐挤㩮刟ꕫ᪪蟖殦�푧䆹烓绥ꢇᩩ⼔霖ᵣ熨撇췻滵�쌿乚箛ꦥ
漣妌볾䧳蘏衴嘵ꏕ斶溾缚뜱ᐸ蘷蜴蛕ퟌ꓃埦㷜㶇ﳖꌱ퍫㙃报쮓ԉ┟筘癤ꓶ㋨�鵞�橏쐶㇁綴܇ꗱ迆꩹꤮橱뵤륏锱鿲硎殧ᰞ痒趷⮵獣᳥榠Ԙꀾ휃듞趢赢䱣凭銁읉헔彝끊곖쭞뙑譋窣菺훘虏颎팴室飽氰琤븻♚禗趥ূ耬ℊ㪮큣諻菋绀舗嫐摿ⳇ荁㎁蒴팑褅笠굴펇컓횜᭐묲輼氬ꛇ嘺뽍벁漱榲ᠱ칤盥읧꯰䕫편䱗亓졋犁貁㗾乯쬴땕螲臉吸䠌ꙟ陪ྍ畝厓惓醹͆↰昕䛏ⳓ愬햂囁ញ脁鿫ꕚ萇䮴쑸�랔㼇ቧ锷訳ꪷ
穨깦궐鳽衳솳툱ⶋ숒앜㐓盡攉✉錂큙鵴㕶咏蚰⻝꾼䐣獛꙯쏘᭫셲佽呓螎錉니Ⱀ馤✒坤꣏؇⮂剨⌈ꉘ땁䙑輂⥀뚗�겅랖⒐䣰좸눢螇펠냤䦏ᚷ⯴ﺜ騧ﹼ퀔汮돡䮛ﾡ圀ܑ﹪꜕ѯ큖イ�懐因굦䷡夃ី踚澕ぱ瀙範횑沴ⶬ�࣎臠ᘆ휸縀帔郊䷚踤誨隄聣길魆徦㧸耙㐳鱗㦦䤙軹茳諩泯ⷭ귬�ᓖ⒆ꣻ£汖ᗾ滐䄵䶪宥築�⍉ᶹ㚫⚚林뗭ᆄ챜⑳莪繳ᔵ蟧ꮴ쾻즶ቪᣫ䐳㟆酊욟妮�䏘�遀犦蹂풧잨鷡㴖恩馜㛷쿯먴蚏涴
ኬ磢凎鯝諧熽潩橵韖ꐐ㫐棭滜稄혜轶淡䐇꺝�ମ魩젠ⶣ�퀓⭽뉞벯ꈳ㟪綫Ꝺ㷇蹬⭉亏ﱸ儫∔庅悀驳뫆翰⺇췯웵榍섥謻ﮔ퓇螎귱ꪐᆨՔă䨏菈廂뜝໔ມ梍宗禷ㆂꀃ⺵膻䥡邡瑭졵㸫쏃㙚뛖ḩ铃餅ྕធ꧰巵䴛⏖㠛醮䉎㋈度癖ᛖ淩੩ૃ⨌䀯ꬽ儿뻰ꦅ귞澗쨵釴鎗쟵왟媬驨镝韤몖뱽㈷什げ︘夵⮼ᦡ燞䒧䢒鷅▣錷鳔鼑꿆薵墛㰝䗛䋶妞澇럋ᓓᚶ먶ꑵ陶䘐鄰삠Ⱅ꒱듑懥㶂㙫쏏╚즅뒹ⷓ鳠馜崣纬붧ꄮ췡匛宸ᬾ鞙볮▃鹾ꎕ椔欌挜ꌊ稀
潖㲉慃ꯡ紁馨┄曂ⴴ檂讞며ꣾ꠵釣얈摬걂냥끙읹圀䁀䅠ܙං❦璇⍩䒲狜䥑伈�ꖟ聩쀀̘暵硛䑯뺴殺⸍㯖玙䆾줘嫏ꞵ뛩氺㭦䠛酭䢎ʍﯤ髕鯊᫃﨔骄덝睝暓降㿶媍튱⭻ⴘ囚怜㸖ꋦ킺뮴꾻쮵艨賠候暔萞ᦩ櫼뷥㚼ࢱ覠䅢哑占䏙嚩磨鼵⋽론뽿ప紳穏釾繯薰�竪ᜭ핍㤞䤒｢圀쨠綺怘骊싊쇒浙塠᳷Ჱᾳ佒着莞쇓ꡱ쭜輻醶嘲´