M E M O R A N D U M
To: Honorable Members of the Town Council
From: Mary Ann Mixon, Council Member - Seat 1
Date: January 18, 2017
Re: Repealing Section 2-99 (Ex-parte communications with the Town Council)
REQUESTTitle
AN ORDINANCE OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, REPEALING SECTION 2-99 OF THE TOWN CODE OF ORDINANCES RELATING TO EX- PARTE COMMUNICATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Body
BACKGROUND AND ANALYSIS
On March 21, 2007, the Town Council passed and adopted Ordinance #07-08 establishing a procedure governing ex-parte communications with local public officials concerning quasi-judicial matters. The adoption of this new ordinance established a procedure for disclosing ex-parte communications regarding quasi-judicial proceedings and land use matters. (See Attachment "A": Town Attorney Memo and Ordinance #07-08).
Prior to adopting Ordinance #07-08, the Town Council complied with the rule of law set forth by the court case Jennings v. Metropolitan Dade County, 589 So. 2d 1337 (Fla. 3rd DCA 1991), rev. den., 598 So.2d 75 (Fla. 1992) (the "Jennings Rule"), prohibiting ex-parte communications relating to quasi-judicial proceedings. The "Jennings Rule" establishes that the existence of an ex-parte communication creates a presumption that the communication is prejudicial. The "Jennings Rule" is currently followed by the members of the Miami-Dade County Board of County Commissioners.
Ex-Parte is defined as "on one side only; by or for one party; done for, in behalf of or on the application of, one party only." (Black's Law Dictionary, 5th Edition). In other words, when the prosecutor talks to the judge in the absence of the defense attorney about the case against the accused, it is an ex-parte contact. In quasi-judicial actions, Council members are acting as judges rather than legislators; the Council is not making new...
Click here for full text