Delray Beach amends quasi-judicial rules to collect related emails with agenda packets

The Delray Beach City Commission voted March 27 to amend its local rules of procedure to streamline disclosure of ex parte communications in quasi-judicial matters by including emails and related correspondence in the agenda backup.

The change, proposed during the commission’s organizational meeting, directs the city clerk to search the city’s server for emails and other correspondence related to an application (for example, by property address) and certify those items as part of the agenda packet. The policy mirrors a practice the city observed in Boca Raton and was presented to commissioners as a way to make ex parte disclosures more complete and easier to review before hearings.

City Attorney (unnamed) explained that the process “makes it easier for the commission when you’re reviewing the agenda items to know which communications you received concerning that particular agenda item” and also “allows the applicants in the city to have a better understanding of what the public is saying about their item.” The attorney said that once correspondence is placed on the city’s server and included in backup, commissioners should treat it as part of the record.

Commissioner Cassell said she had discussed an additional disclosure step that would provide another layer of assurance: a pre-vote statement by commissioners asserting they have no conflicts. The city attorney described that as optional and distinguished it from the mandatory ex parte disclosure required for quasi-judicial proceedings. Commissioners debated whether the new disclosure should go beyond the server attachments to cover material on personal devices; the city attorney said material on personal devices could be forwarded to the clerk and included in the packet.

The commission approved the local rules “as amended” by voice vote. The clerk will implement the electronic search-and-attach step for future quasi-judicial agenda items, and staff said the city attorney will research the mechanics and any legal implications of the additional conflict-disclosure language proposed by Commissioner Cassell.

Why it matters: The change aims to strengthen the record for quasi-judicial matters, reduce ambiguity in ex parte disclosures, and give applicants and the public clearer access to communications that might otherwise be known only to individual commissioners. Commissioners indicated they will monitor the new process and refine it if needed.

Votes at a glance: the commission adopted the Delray Beach City Commission local rules of procedure and quasi-judicial rules as amended (motioned and seconded; roll call: all present voted aye).