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'Inadvertant' talks protected.

Miami Herald (Miami, FL)

| February 17, 2005 | COPYRIGHT 2005 The Miami Herald. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

Byline: Ben Torter

Feb. 17--The Sunny Isles Beach City Commission voted 4-1 on Feb. 10 to reinstate an ordinance meant to protect commissioners if they "inadvertently" have private communications with developers or other parties regarding zoning issues.

The city repealed the ordinance in 2001 to combat lobbying by developers.

Though commissioners said lobbying did decrease after they removed the ordinance, a concern by City Attorney Lynn Dannheisser that they were left vulnerable without it prompted the vote.

"This is an attempt to shield the Commission in case there is ex parte communication," Dannheisser said.

"Ex parte" refers to a term in the "Jennings Rule," which prohibits Florida officials from discussing zoning issues with residents or developers outside quasi-judicial hearings.

In a workshop before the commission meeting to educate the commissioners and the public about ex parte communications, Dannheisser was adamant that the ordinance was meant to protect only against accidental discussions.

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