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2024 Orientation Handbook for Elected OfficialsCity of Atlantic Beach 2024 Orientation Handbook for Elected Officials December 2024 Page(s) 1 TABLE OF CONTENTS 1A. GOVERNMENT Attachment: Forms of Government Attachment: Understanding Your City Government 1B. MEETINGS AND AGENDAS Attachment: Public Input at Commission Meetings Attachment: Speaker Request Forms Attachment: Rules of Conduct and Procedure Attachment: Motions, Proclamations, Ordinances, and Resolutions Attachment: Meeting Times and Attendance 2025 Regular Meeting Dates & Agenda Deadlines and Process 1C. CHARTER OFFICERS • City Manager (Charter - Article III) • City Clerk (Charter - Article IV) • City Attorney (Charter - V) Attachment: Charter Officers Contact Information Attachment: CM William Killingsworth - Contract -Resolution No. 23-34 Attachment: CC Donna (Bussey) Bartle - Contract Amd. -Resolution No. 08-15 Attachment: CC Donna (Bussey) Bartle - Contract -Resolution No. 04-12 Attachment: CA Jason Gabriel - Contract -Resolution No. 22-85 1D. DEPARTMENTS Attachment: FY25 Organizational Chart Attachment: Purpose and Key Objectives Attachment: Department Head Telephone Listing 5-8 9-22 23 - 49 51-65 1E. STANDING BOARDS AND COMMITTEES: 67 - 69 • Arts, Recreation, and Culture Committee (ARCC) • Board Member Review Committee (BMRC) • Community Development Board (CDB) • Environmental Stewardship Committee (ESC) • General Employees' Pension Board of Trustees • Police Officers' Pension Board of Trustees Board/Committee Application Portal Attachment: Board Committee Quick Comparison Table Attachment: Resolution No. 21-16 - Mandatory Training Page 1 of 131 2024 Orientation Handbook for Elected Officials 1F. ETHICS, SUNSHINE, AND PUBLIC RECORDS LAWS AND REQUIRED TRAINING FOR ELECTED OFFICIALS Florida Commission on Ethics • Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees • Advisory Opinions • Annual Financial Disclosure (F.S. Chapter 112) • Annual Ethics Training (F.S. 112.3142) Note: The training is required to include the following: • Article II, Section 8 of the Florida Constitution (Ethics in Government) • Chapter 112, Part III, Florida Statutes (Code of Ethics for Public Officers and Employees) • Chapter 119 (Public Records) • Chapter 286 (Public Meetings/Sunshine Law) Attachment: Guide to the Sunshine Amendment and Code of Ethics 2024 1G. MISCELLANEOUS Attachment: Commission Salary and 2025 Pay Dates Attachment: Resolution No. 24-12 - 2024 Priorities Attachment: 2025 Holiday Dates Observed Attachment: 2025 Invocation Schedule Attachment: Memo from City Attorney regarding Invocation 1H. LINKS TO OTHER RESOURCES City of Atlantic Beach: • AB Charter/Code of Ordinances — Municode • City of Atlantic Beach Home Page • Search City Documents on Weblink Agencies/Organizations: Florida League of Cities • Glossary of Key Terms • Florida Municipal Officials Manual State Websites: MyFlorida.com Attorney General: • Open Government - The "Sunshine" Law • Attorney General Legal Opinions Florida Legislature: Statutes & Constitution Florida Constitution Search Florida Statutes Executive Office of the Governor 71 - 107 109 - 131 Page 2 of 131 2024 Orientation Handbook for Elected Officials Florida Supreme Court Division of Elections Florida Department of Revenue • Truth in Millage (TRIM) Page 3 of 131 Page 4 of 131 W ac W li W Duties of the Mayor Duties of the Council Duties of the City Manager Council -Weak Mayor Council -Strong Mayor Commission Council -Manager • Office of mayor is usually rotated among the council members • Authority is little, if any, greater that that of the other councilmembers • Acts as ceremonial head of government • May have veto power over council • Has executive power to carry out policies • Prepares budget, makes appointments and manages daily operations • Acts as ceremonial head of government • Presides over commission meetings • Acts as ceremonial head of government • Presides over council meetings • Has little, if any, role in day-to-day administration • Holds collective power over administration • Decides policies and creates ordinances • Decides city policies, but has no administrative power • Commissioners serve collectively as the policy- making board and individually as heads of the principal departments • Decides policies and creates ordinances • Not present in this form • Not present in this form • Not present in this form Appointed by a majority of the council Fully responsible for administration Responsible for preparing a budget and the administration of the budget Page 6 of 131 Agenda Item #1A. 02 Dec 2024 UNDERSTANDING YOUR CITY GOVERNMENT The City of Atlantic Beach has a Commission -Manager form of government which is enacted by our City Charter Sec. 3. The City Manager, as the Chief Administrative Officer, heads the administrative branch of city government. The powers and duties of the City Manager are outlined in the City's Charter Sec. 23 and throughout the City Code. • (Charter) Sec. 3. Form of government. "The municipal government provided by this Charter shall be known as "Commission -Manager Government." Subject only to the limitations imposed by the Constitution and laws of this state and by this Charter, all powers of the city shall be vested in an elective commission, hereinafter referred to as "the city commission." • (Charter) Sec. 23. Powers and duties. The city manager shall be the chief administrative officer and as such, head the administrative branch of the city government. The powers and duties of the city manager shall include but not be limited to: (1) Establish and maintain a line of communication with the city clerk; and (2) Administering and enforcing all enactments of the city commission; and (3) Preparing and forwarding agenda materials to the city clerk for every commission meeting; and (4) Preparing the budget annually and submitting it to the city commission, and being responsible for its administration after adoption; and (5) Preparing and submitting to the city commission at the end of each fiscal year, a complete report on the finances and administrative activities of the city for the year just completed. The City Commission consists of five (5) Commissioners, elected at -large by the citizens. The seats are known as 1 through 5. Seat 1 is designed as the mayor -commissioner (a.k.a. Mayor); Seats 2 through 5 are designated as district commissioners, with each commissioner required to reside within the district from which he or she is elected. The mayor -commissioner shall be elected for two-year terms and the terms for seats 2 through 5 shall each be four years. The mayor -commissioner shall not serve more than four (4) consecutive two-year terms; and any commissioner (seats 2 through 5) shall not serve more than two (2) consecutive four-year terms. Serving any part of a term shall be considered a full term. (See Charter Sec. 51 The Mayor presides at all meeting of the city commission and is recognized as head of the city government for all ceremonial purposes and by the governor for all purposes of military law. In the temporary absence or disability of the Mayor, all duties of the Mayor shall be performed by the Mayor Pro Tempore. The Mayor Pro Tempore is appointed by the City Commission. Powers of the City are vested in the Commission except as otherwise provided by law or charter. The Commission provides for the exercise of such powers and for the performance of all duties and obligations imposed on the City by law. (See Charter Secs. 8 and 9) On most matters, the affirmative vote of three (3) or more members of the City Commission is required to adopt any action of the Commission, except as may otherwise be provided by emergency management matter ordinances. • (Charter) Sec. 8. Presiding officer: Mayor. "The mayor -commissioner shall preside at all meetings of the city commission and shall be recognized as head of the city government for all ceremonial purposes and by the governor for all purposes of military law. When directed to do so by the city commission the mayor -commissioner shall execute all instruments to which the city is a party, unless otherwise provided by the Charter or by ordinance. The mayor -commissioner shall have no regular administrative duties except as authorized in this Charter but may appoint, from time to time, such special or select committees as in his or her discretion he or she deems desirable to expedite the handling of the business and affairs of the city. Other members of the city commission may on occasion appoint special or select committees with the approval of a majority of the commission. In the temporary absence or disability of the mayor -commissioner, all duties of the mayor -commissioner shall be performed by the mayor pro tempore." Page 7 of 131 Agenda Item #1A. 02 Dec 2024 • (Charter) Sec. 9. Powers. "Except as may be otherwise provided in this Charter, all powers of the city and the determination of all matters of policy shall be vested in the city commission. Without limitation of the foregoing, the city commission shall have power to: (1) Adopt a budget; (2) Authorize the issuance of bonds, revenue certificates, and other evidences of indebtedness; (3) Establish or abolish official boards and elect the members thereof as recommended by the mayor; (4) Adopt and modify the official map of the city; (5) Regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of a lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land and water for trade, industry, residence or other purposes; (6) Provide for an independent audit; (7) Pass ordinances and laws for the preservation of the public peace and order and impose penalties for the violation thereof. provided that the maximum penalty to be imposed shall be a fine of not more than one thousand dollars ($1,000.00) and imprisonment for a period of time not longer than ninety (90) days, or as otherwise provided for by Florida Statutes; (8) Lease golf courses, hospitals and airports, or any portion thereof after the city commission has passed an ordinance authorizing any such lease; (9) Sell golf courses and the public utility system, or any portion thereof now owned by the city or hereafter acquired by it after the city commission has passed an ordinance that: (a) there is a finding that public welfare no longer requires the operation of any such facility; and (b) the terms of sale of real property within the city limits are stated; and (c) after such ordinance has been submitted to the qualified voters of the city at an election called for that purpose; (10) Provide rules and regulations for all purchases and sales made for and in behalf of the city; (11) Appoint, remove and fix the compensation of all officers and employees appointed by the city commission as hereinafter provided; the city commission shall perform an annual performance review of the city clerk, city manager and city attorney; (12) Exercise any right or authority given or permitted by the Constitution and the laws of the State of Florida to city commissions not inconsistent with the provisions of this Charter. (13) The mayor pro tempore shall be appointed by the city commission from its members. (14) Provide for the protection and preservation of parks as follow: Any real property owned by the city which is used principally or held out for use as a public park, shall be used only as a public park; and parks shall not be sold, leased long term, gifted, changed in description or use, or otherwise disposed of and no structure shall be built in any such park to accommodate activities not customarily associated with park use or outdoor recreation; unless such sale, lease disposal, gift or structure is approved by the electors through a referendum vote; and (15) Exercise authority permitted by law for the protection and preservation of beaches, marshes, maritime tree canopy, and property through environmental stewardship." Page 8 of 131 Agenda Item #1B. 02 Dec 2024 PUBLIC INPUT AT CITY COMMISSION MEETINGS The City of Atlantic Beach is committed to having a democratic, open and participatory government that seeks to involve individuals and citizens in all aspects of the decision making process. Citizen Participation in Regular Commission Meetings Citizens and individuals generally have two opportunities to speak to the Commission at regular commission meetings. These include a portion of the meeting listed as Courtesy of the Floor to Visitors at the beginning of the meeting (right after approval of the minutes) or during public hearings. • Courtesy of the Floor: Individuals can speak about any subject related to City business whether it relates to an item on the agenda or not. Persons filling out Speaker Request Forms will be allowed to speak first. After the people who have filled out Speaker Request Forms are allowed to speak, the Mayor or presiding officer will then ask for anyone else to raise their hand to be called upon to come to the podium. Generally, the Mayor or Commissioners will not respond to the comments made by the public during this portion of the meeting. The Commission cannot take formal action on items raised by the public unless they are listed on the agenda as action items, or properly noticed as may otherwise be required by law; however, the Mayor and Commissioners may address comments made by the public during "Reports and/or Requests from City Commissioners." If comments from the public warrant further research by staff, then a report may be made at the next or subsequent Commission meeting. Time allowed for speakers during Courtesy of the Floor to Visitors will be a maximum of five minutes. The Commission will take as much time as needed to hear all of the public input. However, if the number of speakers is so great as to create a significant delay in the time to complete the meeting, the Mayor or presiding officer may choose to lessen the allotted time. • Public Hearings; Public Hearings are formal meetings which require legal notice where the City Commission conducts business pursuant to local, state or federal laws. Some of these hearings are advertised for specific items scheduled on the Commission agenda. Some of the hearings are quasi- judicial in nature while others are legislative in nature. Some of these hearings have specific formats that must be followed as established by law and others are less formal. The adoption of any ordinance at a final reading will include a public hearing with the opportunity for public input unless the action is being taken under the emergency procedures established in local and state law. Applicants will have as much time as necessary to make their presentation for the item upon which the public hearing is being conducted. Individuals other than the applicant may address the Commission by either filling out a Speaker Request Form or raising their hand when the Mayor or presiding officer asks if anyone else wishes to speak. Individuals other than the applicant will be limited to a maximum of five minutes unless, because of the high number of speakers, it is necessary to limit public input to three minutes. The Mayor and Commission may recall an individual to the podium at any time to provide additional information or answer questions. Page 9 of 131 Page 10 of 131 Agenda Item #1B. 02 Dec 2024 PUBLIC COMMENT AT REGULAR COMMISSION MEETINGS Each audience member wishing to address the Commission is requested to complete a speaker form (shown below) and submit it to the City Clerk in time to be recognized by the Mayor/Chair before the Courtesy of the Floor to Visitors and/or Public Hearings are closed. When recognized by the Mayor or City Clerk, speakers shall approach the podium, state their name, and proceed to make their comments. In most cases, the speaker is given five (5) minutes to speak; however, the Mayor may decide to limit comments to a lesser time. The City Clerk operates the timer. WELCOME To the Atlantic Beach City Commission Meeting We will conduct meetings of the City Commission with a level of civility and respect that the democratic process deserves. This allows for better public input and supports making the best decisions for the citizens who we are here to serve. We ask that everyone in the meeting practice the following principles of Respect for each other. RESPECT Refrain from putdowns, criticism and personal attacks. Encourage others to state their views. Support each other, even if you don't agree. Practice active listening. Express yourself assertively, not aggressively, not submissively. Collaborate, do not compete or collude. Trust each other, unless and until such trust is violated. *********************************************************************************************************** SPEAKER REQUEST FORM Date: Name: Please Note: Florida has a very broad Public Records Law. Most written and recorded communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. PROVIDING YOUR CONTACT INFORMATION BELOW IS OPTIONAL: Address: City: Phone No.: E-mail: PLEASE CHECK ALL THAT APPLY: (OPTIONAL) 0 Atlantic Beach Resident 0 Atlantic Beach Property Owner 0 Atlantic Beach Business Owner PLEASE COMPLETE AND CHECK ALL THAT APPLY: ❑ I wish to address the Commission durine Courtesy of the Floor on: o Agenda Item No. and/or o Topic not on the agenda: o I wish to address the Commission during the Public Hearing for Agenda Item No. o I am in support of the above agenda item. ❑ I am opposed to the above agenda item. o I do not wish to address the Commission, but I am in support of agenda item ❑ I do not wish to address the Commission, but I am opposed to agenda item Page 11 of 131 Page 12 of 131 Agenda Item #1B. 02 Dec 2024 RULES OF CONDUCT AND PROCEDURE (Charter) Sec. 16. Rules of procedure; journal of minutes. "The City Commission shall determine its own rules and order of business. It shall require that minutes of its proceedings to be kept. The minutes shall be open and remotely available to the public in a timely manner, through commonly accepted methods." (City Code) Sec. 2-19. Rules of conduct and procedure at meetings. "The following rules shall govern procedure and conduct of city commission meetings: (1) Rule 1. The mayor -commission shall preside at all meetings of the city commission, call the members to order at the hour appointed for each meeting and, upon the appearance of a quorum, proceed to business. He shall have general control of the chamber and in case of disturbance or disorderly conduct therein, he may cause the same to be cleared. The mayor shall preserve decorum and order, may speak to points of order in preference to other members, and shall decide all questions relating to the priority of business or of order, without debate, subject to appeal to the city commission by any member as a matter of course, and on the appeal, it shall require a majority vote of the members to sustain the appeal. (2) Rule 2. The mayor -commissioner shall declare all votes. A roll call of the yeas and nays on any question shall be taken upon the request of any one (1) member. The roll call shall be conducted as follows: The city clerk shall arrange the names of the members of the city commission in alphabetical order, and each call of the roll shall be restated in a manner so that upon each call thereof he will commence with the member's name that was called second upon the preceding roll call, and thereafter proceed to call the roll according to alphabetical order; except, that the mayor -commissioner's name shall be called last. (3) Rule 3. When a member is called to order, he shall immediately take his seat, and the presiding officer shall pass upon the point of order. (4) Rule 4. No member shall speak at any meeting more than twice on the same question, or more than five (5) minutes at any one time. (5) Rule 5. No member shall be interrupted by another without the consent of the member who has the floor, except by rising to a question of order. (6) Rule 6. No member shall absent himself from the meeting before adjournment for more than five (5) minutes at a time without leave of the presiding officer. (7) Rule 7. The order of business shall be as follows: a. Approval of minutes of preceding meetings; b. Courtesy of floor to any visitors who desire to bring a matter to the city commission's attention; c. City manager reports; d. Reports and/or requests from city commissioners; e. Unfinished business of preceding meeting; f Consent agenda; g. Report of committees; h. Action on resolutions; i. Action on ordinances; j. Miscellaneous business; k. City Attorney/city clerk reports and/or requests; and 1. Closing comments by city commissioners and city manager, if desired. (8) Rule 8. The mayor -commissioner may appoint, from time to time, such special or select committees as in his discretion he deems desirable, or as may be desired by the city commission, to expedite the handling of the business and affairs of the city. (9) Rule 9. It shall be the duty of all committees to report on every subject referred to them at the next regular meeting following the reference; provided, the city commission may direct a report to be made at an intervening adjourned meeting. If any committee fails to report on any matter as required, they may be relieved of further consideration of the matter, and it be otherwise disposed of by the city commission. (10) Rule 10. Upon every matter referred to a committee, the committee or a majority thereof shall meet for inquiry or deliberation, and no report of or concerning the matter shall be made unless a majority of the committee shall have signed the same. Page 13 of 131 Agenda Item #1B. 02 Dec 2024 (11) Rule 11. It shall be the duty of the chairman or vice-chairman of all committees to which any pending matters have been referred to cause their committee to meet to consider and dispose of its pending business, and as far as practicable, to give advance notice of the time and place of such meeting to all members of the city commission, the city clerk, city manager and other persons known to be interested in favor of or opposed to, the particular matters proposed to be considered. (12) Rule 12. All reports of committees shall be in writing and shall be filed by the city clerk. All special reports shall state the facts substantially appearing before the committee. (13) Rule 13. Upon the reading of petitions and communications and upon introduction of bills and resolutions other than those appearing upon the official agenda, the presiding officer shall order same received or filed or referred to proper committees, and the order made shall prevail unless motion for other disposition of the matter in question shall be made and prevail. (14) Rule 14. Every petition or other paper shall, previous to presentation, be so endorsed as to clearly indicate the substance of the contents. Its reference or other disposition shall be endorsed on it by the city clerk. (15) Rule 15. Proposed ordinances may be introduced at any meeting of the city commission, provided the same are prepared in written or printed form. Unless copies of the proposed ordinances shall have been previously delivered to the mayor -commissioner and each member of the city commission at least three (3) days prior to the meeting at which they are introduced, no action on the passage of the same shall be taken at the meeting at which introduced except by unanimous consent of all members of the city commission present. The city manager, city clerk and city attorney shall, when requested by the mayor -commissioner or any member of the city commission, exert their best efforts to assist in the preparation of proposed ordinances and cause copies thereof to be delivered to the mayor -commissioner and each member of the city commission at least three (3) days prior to the next scheduled meeting of the city commission following the request. (16) Rule 16. In acting upon all proposed ordinances or resolutions, the yeas and nays shall be taken upon the disposition made at each reading thereof and shall be entered upon the journal of the proceedings of the city commission. (17) Rule 17. Any proposed motion, resolution, ordinance or suggested amendment thereto may be withdrawn by the mover or the proposer at any time before amendment or putting it to a vote. (18) Rule 18. The city manager shall furnish each member of the city commission with a list of unfinished business of the preceding meetings, and a separate list of unfinished business generally, in the order of its introduction, and a separate list of new matters expected to be presented at the meeting, prior to every meeting. (19) Rule 19. The city manager shall submit regular written monthly reports to the city commission. (20) Rule 20. After the decision of any question, it shall be in order only for a member voting on the prevailing side to move a reconsideration at the same or next regular meeting. If a motion to reconsider is lost, it shall not be renewed and reconsidered without the unanimous consent of the city commission in attendance at the meeting at which reconsideration is requested. (21) Rule 21. Any rule, except Rules 16 and 17, may be temporarily suspended for special reasons by a vote of the majority of the members of the city commission present. (22) Rule 22. In all cases involving points of parliamentary law, "Robert's Rules of Order" shall be the book of reference, and its rules, so far as they are applicable and not in conflict with the provisions of the city's Charter, this Code or other city ordinances, shall be the rules of the city commission. (23) Rule 23. The mayor pro tem shall exercise the duties and powers of the mayor -commissioner during his absence or disability. (24) Rule 24. It shall be the duty of the city clerk or her/his designee to attend all meetings of the city commission and to record and keep the minutes and records thereof. The minutes of such meetings shall be promptly recorded for public inspection as required by state law. It shall be the duty of the mayor - commissioner, and in his absence, the mayor pro tem or other city commissioner, to see that the proceedings of every meeting are properly and promptly recorded by the city clerk or her/his designee, and the record of every meeting shall be signed, when approved, by the city clerk or her/his designee and the mayor -commissioner or the mayor pro tem or other city commissioner who presided thereat. (25) Rule 25. Any city commissioner or charter officer may request that any motion be presented in writing. (26) Rule 26. The city commission may take action on a matter which, because of time constraints, has not been included on the agenda for their meeting, if such matter is declared to be an emergency by the affirmative Page 14 of 131 Agenda Item #1B. 02 Dec 2024 votes of the majority of the members of the city commission. The passage of emergency ordinances and resolutions, however, shall be in accordance with Section 18 of the City Charter. (27) Rule 27. It shall be the duty of a city commissioner who will be absent from any city commission meeting to notify the other commissioners of any such anticipated absence. Said notice shall be given as far in advance as possible, either orally at a meeting prior to the one which the commissioner will be absent from, or by e-mail to the city clerk, who will then forward the notice to the other commissioners. If the notice includes a request for an excused absence, it shall state briefly the reasons why the excused absence is being requested, and the other commissioners shall vote on the request at the meeting at which it is orally requested or as an agenda item at a subsequent meeting following notice by e-mail. (28) Rule 28. City commissioners shall be prohibited from accepting or sending any electronic communications via cell phone or other device during the course of a city commission meeting. Electronic communications include, but are not limited to, emails, Blackberry PINs, SMS communications (text messaging), MMS communications (multimedia content), and instant messaging. City commissioners may have cell phones turned on during city commission meetings, to be used only in the event of an emergency." (Charter) Sec. 20. Attendance of city manager and other officers in city commission. "The city manager, and any such other officers of the city as may be designated by vote of the city commission, shall be required to attend city commission meetings. The city manager shall have the right to take part in the discussion of all matters coming before the city commission, and the other officers shall be entitled to take part in all discussions of the city commission relating to their respective offices, departments, boards, commissions, or agencies." Page 15 of 131 Page 16 of 131 Agenda Item #1B. 02 Dec 2024 COMMISSION ACTIONS MOTIONS. PROCLAMATIONS. ORDINANCES. AND RESOLUTIONS The City Commission has legislative and executive powers to adopt motions, resolutions and ordinances. The actions taken by the City Commission range from those of simple motions to major considerations. State law recognizes two types of formal enactments by the City Commission — ordinances and resolutions. The Commission may also conduct business via motions and proclamations. • Motions A motion is the formal adoption of Commission action. • Proclamation A declaration and/or an announcement of the City Commission. • Ordinances An ordinance is an official legislative action which establishes "a regulation of a general and permanent nature" and is enforceable as a local law. City Ordinance procedures are set in the Florida State Statutes Chapter 166 and in the City Code. They must be introduced in writing. Limited to one subject. The subject must be clearly stated in the title. It may not be revised or amended by reference to the title only. It must be read in title, or in full, at a public meeting on at least two separate days. Notice must be issued in a newspaper of general circulation. • Resolutions A resolution is a less substantial action and may be an expression concerning matters of administration, an expression of a temporary character or a provision of, or the disposition of a particular item of the administrative business of the Commission. Resolutions are usually read once at a public meeting, read by title only, and receive a voice vote. Requirement to Vote Each member of a City Board and City Commission who is present at a meeting must vote on each official action before them. Abstentions to voting are provided for in Florida Statutes Sections 112.3143 and 159.414. Requirements to abstaining apply when a Board or Commission Member stands to privately gain or lose when voting. When abstaining from voting, the nature of the interest needs to be disclosed, prior to the vote and needs to be made a public record via a designated form. (Charter) Sec. 17. Ordinances. "In addition to such acts of the city commission as are required by statute or by this Charter to be by ordinance, every act of the City Commission establishing a fine or other penalty, a fee for service, appropriation of funds, the contracting of indebtedness, or the sale of real property shall be by ordinance. The enacting clause of all ordinances shall be: "BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA." (Charter) Sec. 18. Procedure for passage of ordinances and resolutions. "The minimum procedures for adoption of ordinances and resolutions as set forth in F.S. Section 166.041 shall in its entirety constitute the process for such by the Atlantic Beach City Commission." Page 17 of 131 Page 18 of 131 Agenda Item #1B. 02 Dec 2024 MEETING TIMES AND ATTENDANCE (City Code) Sec. 2-16. - Time and place of regular meetings. "The regular meetings of the city commission shall be held on the second and fourth Mondays of each month, except December, in city hall, at 6:30 p.m. If the second or fourth Monday falls on a holiday, the regular meeting shall be held on Tuesday immediately following the holiday. In the month of December, the regular meeting shall be held on the second Monday of the month." (See Ordinance No. 5-14-61) (City Code) Sec. 2-17. Calling special meetings. "The mayor -commissioner, city manager or a majority of the city commission may call a special meeting of the city commission on twenty-four (24) hours' notice." (Resolution No. 13-081 The City Commission holds regular Town Hall meetings quarterly in the months of January, April, July and October. The location for the Town Hall meetings will alternate quarterly between locations east and west of Mayport Road. (City Code) Sec. 2-18. Quorum. "Three (3) members of the city commission shall constitute a quorum, but a less number may adjourn from time to time until a quorum is present." (Charter) Sec. 6. Qualifications and disqualifications. "Members of the city commission shall have been full-time residents and electors of the city for at least four years immediately prior to qualifying. Full-time residency shall be defined as the person's principal place of abode during the year. Members of the city commission shall not hold any other elective office. Any member of the city commission ceasing to possess the foregoing qualifications or who shall have been convicted of a crime punishable by more than one (1) year of imprisonment or a crime involving moral turpitude, shall forfeit the seat prior to the next meeting of the city commission. Absence from four consecutive regular meetings of the city commission shall operate to vacate the seat of a member, unless the member's absence is excused by the city commission by a resolution setting forth the fact of such excuse duly entered upon the minutes." Page 19 of 131 Page 20 of 131 TET JO TZ abed 2025 Commission Meeting Date (Monday at 6:30 p.m. unless Monday falls on a holiday) January 13 January 27 February 10 February 24 March 10 March 24 April 14 April 28 May 12 Tuesday, May 27 June 09 June 23 July 14 July 28 August 11 August 25 September 08 September 22 October 13 October 27 November 10 November 24 December 08 DEADLINES FOR 2025 AGENDAS Date Draft Agenda Items City Manager deadline to City Clerk deadline for Final Agenda Items are due Final Agenda deadline for are due to City Manager for provide items to City Clerk publishing and distributing to City Manager for his City Manager to submit to his review for Draft Agenda Draft Agenda review City Clerk (noon) (Friday by 5 p.m. but usually (City Clerk to publish and (Wednesday by noon) (Thursday by 9 a.m.) published on the Thursday before) (Tuesday by 4 p.m.) distribute by 5:00 p.m. Wednesday) January 01 January 02 January 03 January 07 January 08 January 15 January 16 January 17 January 21 January 22 January 29 January 30 January 31 February 04 February 05 February 12 February 13 February 14 February 18 February 19 February 26 February 27 February 28 March 04 March 05 March 12 March 13 March 14 March 18 March 19 April 02 April 03 April 04 April 08 April 09 April 16 April 17 April 18 April 22 April 23 April 30 May 01 May 02 May 06 May 07 May 14 May 15 May 16 May 20 May 21 May 28 May 29 May 30 June 03 June 04 June 11 June 12 June 13 June 17 June 18 July 02 July 03 Thursday, July 03 July 08 July 09 July 16 July 17 July 18 July 22 July 23 July 30 July 31 August 01 August 05 August 06 August 13 August 14 August 15 August 19 August 20 August 27 August 28 August 29 September 02 September 03 September 10 September 11 September 12 September 16 September 17 October 01 October 02 October 03 October 07 October 08 October 15 October 16 October 17 October 21 October 22 October 29 October 30 October 31 November 04 November 05 November 12 November 13 November 14 November 18 November 19 Tuesday, November 25 Wednesday, November 26 Wednesday, November 26 December 02 December 03 TET JO ZZ abed City Staff, the City Attorney, and Individual City Commissioners are permitted to request items be placed on a City Commission agenda by submitting a request to the City Manager prior to the applicable agenda deadline described above. Once the items have been reviewed by the City Manager and are ready to be included in the packet, the City Manager and City Clerk work closely together to determine the placement of the agenda items using the Order of Business outlined in City Code Sec. 2-19(7). City Code Sec. 2-19(7)- Last update - Ordinance No. 5-18-65 "(7) Rule 7. The order of business shall be as follows: a. Approval of minutes of preceding meetings; b. Courtesy of floor to any visitors who desire to bring a matter to the city commission's attention; c. City manager reports; d. Reports and/or requests from city commissioners e. Unfinished business of preceding meeting; f. Consent agenda; g. Report of committees; h. Action on resolutions; i. Action on ordinances; j. Miscellaneous business; k. City Attorney/City Clerk reports and/or requests; and 1. Closing comments by City Commissioners and City Manager, if desired." The City Clerk's Office prepares and distributes the agenda. Electronic copies of the draft and final agenda packets are: • Emailed to individuals on a distribution list maintained by the City Clerk's Office, which includes elected officials, charter officers, department heads, the public, and representatives from the media. • Published to iCompass which is accessible to the public through the iCompass portal. • Linked to the City's website Calendar item. Hard copies of the final agenda packets are printed for the City Manager, Deputy City Manager, City Clerk, and any elected official who would like a hard copy. In addition, hard copies of the final agenda are available in the lobby at City Hall for those who would like to take a copy and one bound copy of the entire agenda packet is kept on the front counter for public inspection. Please Note: Final Agendas needing further amendments are published as Amended Agendas. The processes for providing electronic copies and hard copies of Amended Agendas are the same as those for final agendas. Updated 11/29/2022 NAME William B. Killingsworth Donna L. Bartle Jason Gabriel Burr & Forman LLP CITY OF ATLANTIC BEACH CHARTER OFFICERS (Appointed by the City Commission) POSITION City Manager City Clerk City Attorney BUSINESS (904) 247-5817 (904) 870-7762 City Cell (904) 247-5809 (904) 200-9790 City Cell (904) 247-5813 (904) 891-0840 City Cell Agenda Item #1C. 02 Dec 2024 EMAIL billk@coab.us dbartle@coab.us i eabrielna,coab.us ieabrielnaburr.com Page 23 of 131 Page 24 of 131 Agenda Item #1C. 02 Dec 2024 RESOLUTION NO. 23-34 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPOINTING BILL KILLINGSWORTH AS CITY MANAGER AND AUTHORIZING THE EXECUTION OF AN EMPLOYMENT AGREEMENT DESIGNATING HIM AS SUCH EFFECTIVE SEPTEMBER .ZG, 2023; AUTHORIZING THE MAYOR TO EXECUTE THE DOCUMENTS NECESSARY, INCLUDING BUT NOT LIMITED TO AN EMPLOYMENT AGREEMENT, TO EFFECTUATE THE EMPLOYMENT OF BILL KILLINGSWORTH TO SERVE AS CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 14, 2023, the City Commission agreed by consensus to have Mayor Curtis Ford, Interim City Manager Joe Gerrity, City Attorney Jason Gabriel and Human Resources Director Cathy Varian collaborate and come to terms with Bill Killingsworth to serve as City Manager; and WHEREAS, that work is complete it is the desire of the City Commission to enter into the attached employment agreement appointing and designating Mr. Killingsworth as City Manager, effective September 26 , 2023. NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1. Pursuant to Section 21 and Section 10 of the City Charter, the City Commission hereby approves the attached employment agreement designating Bill Killingsworth as City Manager. SECTION 2. The City Commission hereby authorizes the Mayor to execute the employment agreement and any documents necessary to effectuate the employment of Mr. Killingsworth to serve as City Manager. SECTION 3. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach, this 22nd day of August, 2023. 4,,h /I Curtis Ford, Mayor Attest: Approved as to form and correctness: 4. 4vite, Donna L. Bartle, City Clerk Jason Giel, City Attorney Page 25 of 131 Agenda Item #1C. 02 Dec 2024 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (hereinafter referred to as the "Agreement") is by and between the City of Atlantic Beach, a municipal corporation (hereinafter referred to as the "City"), and William Killingsworth (hereinafter referred to as "Killingsworth" or as "City Manager"), an individual who has the education, training and experience in local government management and meets all of the qualification requirements of the City Charter including but not limited to Section 22. WITNESSETH: WHEREAS, the City desires to employ Killingsworth as City Manager of the City of Atlantic Beach, Florida, as provided for in Section 10 of the City Charter of the City of Atlantic Beach; and WHEREAS, the City, through its City Commission, desires to provide for certain benefits and compensation for the City Manager and to establish conditions of employment applicable to the City Manager; and WHEREAS, Killingsworth desires to accept employment as City Manager of the City of Atlantic Beach under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises as set forth in this Agreement, the parties agree as follows: Section 1. Term. This Agreement shall remain in full force and effect from the date the last party has executed the agreement until terminated by the City or by the City Manager as provided herein. City Manager shall begin employment no later than September 26, 2023. Section 2. Duties and Authority A. The City of Atlantic Beach agrees to employ Killingsworth as its City Manager to perform the duties and functions specified in the City's Charter and Code (including but not limited to Article III, City Charter) and to perform other legally permissible and proper duties and functions as the City Commission shall from time to time assign. B. The City Manager is the chief executive officer of the City and shall faithfully perform the duties as prescribed in the job description as set forth in the City's charter and/or ordinances and as may be lawfully assigned by the City and shall comply with all lawful Commission directives, state and federal law, City policies, rules and ordinances as they exist or may hereafter be amended. Page 1 of 12 Page 26 of 131 Agenda Item #1C. 02 Dec 2024 C. Specifically, it shall be the duty of the City Manager to employee on behalf of the City all other employees of the organization consistent with the policies of the governing body and the ordinances and charter of the City. D. It shall also be the duty of the City Manager to direct, assign, reassign and evaluate all of the employees of the City consistent with policies, ordinances, charter, state and federal law. E. It shall also be the duty of the City Manager to organize, reorganize and arrange the staff of the City and to develop and establish internal regulations, rules and procedures which the City Manager deems necessary for the efficient and effective operation of the City consistent with the lawful directives, policies, ordinances, state and federal law. F. It shall also be the duty of the City Manager to accept all resignations of employees of the City consistent with the policies, ordinances, state and federal law, except the City Manager's resignation, which must be accepted by the Commission. G. The City Manager shall perform the duties of City Manager of Atlantic Beach with reasonable care, diligence, skill and expertise. H. All duties assigned to the City Manager by the Commission shall be appropriate to and consistent with the professional role and responsibility of the City Manager. I. The City Manager cannot be reassigned from the position to another position without the Commission's express, written consent and approval. J. The City Manager or designee shall attend and shall be permitted to attend, all meetings of the Commission. K. The Commission, individually and collectively, shall refer in a timely manner all substantive criticisms, complaints and suggestions called to their attention to the City Manager for study and/or appropriate action. Section 3. Compensation A. The City agrees to pay the City Manager an annual base salary of $218,500.00 (the "Salary") payable in installments at the same time as other City employees are paid. B. Cost of Living Adjustments (COLA). The City Manager shall receive the same COLA increases provided to all other City general employees. C. The City may increase said Salary and/or other benefits of the City Manager in such amounts and to such an extent as the City Commission may determine desirable. This Agreement shall be automatically amended to reflect any Salary and benefit adjustments that are provided to the City Manager by the Commission. The term "Salary" as used herein shall refer to the base Page 2of12 51493968 vl Page 27 of 131 Agenda Item #1C. 02 Dec 2024 salary as adjusted by COLA and as other adjustments by the City Commission at the applicable time. D. Annually, and in compliance with the provisions of applicable law, the City Commission and City Manager shall define such goals and performance objectives that they determine necessary for the proper operation of the City and in the attainment of the City Commission's policy objectives. Said goals and objectives shall be generally attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. Section 4. Health, Disability and Life Insurance Benefits A. The City agrees to provide and to pay the premiums for vision, dental and comprehensive medical insurance for the City Manager and his/her dependents, at the mid-level plan offered to other full-time City employees. The City Manager may elect to upgrade to a higher plan, but shall pay the cost differential. B. The City agrees to put into force and to make required premium payments for short term and long-term disability coverage for the City Manager. C. The City shall pay the amount of premium for term life insurance in the amount of $50,000. The City Manager shall name the beneficiary of the life insurance policy. D. The City shall reimburse the City Manager for City Manager's cost expended in his enrollment in the Consolidated Omnibus Budget Reconciliation Act (COBRA) program until such time as the City Manager and his dependents are fully enrolled in the comprehensive medical insurance program as set forth in this Section 4. Section 5. Personal Leave A. Upon commencing employment the City Manager shall be credited with 120 hours of personal leave. In addition, beginning the first day of employment, the City Manager shall accrue personal leave at the rate for employees under the same rules and provisions applicable to other general employees. B. The City Manager is entitled to accrue all unused leave, up to 680 hours, and in the event the his/her employment is terminated, without cause, the City Manager shall be compensated for of all accrued personal leave up to 340 hours. Section 6. Automobile Allowance; Cell Phone A. The City agrees to pay to the City Manager, during the term of this Agreement and in addition to the Salary and benefits herein provided, the sum of $500 per month, payable Page 3 of 12 51493968 vl Page 28 of 131 Agenda Item #1C. 02 Dec 2024 monthly, as a vehicle allowance to be used to purchase, lease or own, operate and maintain a vehicle. The City Manager shall be responsible for paying for liability, property damage and comprehensive insurance coverage upon such vehicle and shall further be responsible for all expenses attendant to the purchase, operation, maintenance, repair and regular maintenance of said vehicle, including gasoline. The City shall reimburse the City Manager at the IRS standard mileage rate for any business use of the vehicle beyond 100 miles of the City limit. B. The City shall provide the City Manager with a city -issued cell phone. Any information received or retained on the city -issued cell phone shall be a public record. The City agrees to indemnify and hold City Manager harmless and bear the cost of defense for any legal claim under any public records law for any information received or retained on the city -issued cell phone. Section 7. Retirement The City agrees to pay, on an annual basis, an amount equal to ten percent (10%) of the City Manager's Salary to a Mission Square 401 k account, as designated by the City Manager. The City's contribution shall not exceed the limits established by federal statute and/or regulation. Such payments for City Manager's retirement will be in lieu of any such payments which the City would have otherwise made on behalf of City Manager to the City's defined contribution pension plan. The City Manager may participate in any optional supplemental retirement plan offered to employees. Section 8. Professional Development A. The City agrees to pay the City Manager's professional dues for membership in the ICMA, Florida League of Cities and the Florida City and County Management Association. The City agrees to pay the costs associated with maintaining the City Manager's planning certification (AICP), including continuing education requirements. The City may pay other professional dues and subscriptions on behalf of the City Manager as are approved in the City's annual budget (on a line item basis) or as authorized separately by the City Commission. B. The City agrees to pay reasonable and customary travel and subsistence expenses for the City Manager's travel to and attendance at professional and official travel, meetings and occasions to adequately continue the professional development of the City Manager, including but not limited to the ICMA's annual conference, the Florida City and County Management Association's annual conference, the Florida League of Cities' annual conference or other similar professional development training opportunities, provided the associated expenses do not exceed the allocated appropriation in the City's annual budget. Section 9. Community Involvement Page 4 of 12 51493968 vl Page 29 of 131 Agenda Item #1C. 02 Dec 2024 The City recognizes the desirability of representation in and before local civic and other organizations, and encourages the City Manager to participate in these organizations to foster a continuing awareness of the City's activities as well as the community's attitudes and ideas. The City may pay dues or membership fees toward local civic organization(s) on behalf of the City Manager as are approved in the City's annual budget (on a line item basis) or as authorized separately by the City Commission. Section 10. Holidays The City Manager is entitled to the same paid holidays as the general City staff. Section 11. Termination by the City and Severance Pay A. The City Manager shall serve at the pleasure of the City Commission, and the City Commission may terminate this Agreement and the City Manager's employment with the City at any time, for any reason, or for no reason. B. Should a majority of the entire Commission vote to terminate the services of the City Manager "without cause", then within ten (10) business days following such vote, the Commission shall cause the City Manager to be paid any accrued and unpaid Salary and benefits earned as of the date of the vote to terminate (including personal leave but excluding such items and allowances as are used in conducting City business such as, but not limited to, the use of the automobile allowance). Within forty-five (45) calendar days following the vote to terminate the City Manager's employment "without cause", the Commission shall cause the City Manager to be paid a lump sum severance pay equal to 20 weeks of his Salary as full and complete payment and satisfaction of any claims of the City Manager of whatsoever nature arising out of this Agreement or otherwise. As consideration for such payment, the City Manager shall, prior to receipt thereof, execute and deliver to the City a general release of the City and its Commission members and its officers, agents, and employees for all acts and actions from the beginning of time until the date of release, in substantially the form which is attached hereto and made a part hereof as Appendix 1. Any severance pay paid under this Section shall be in accordance with, and subject to the limits of, Section 215.425, Florida Statutes. C. In the event the City Manager is terminated "for cause," the City shall have no obligation to pay the amounts outlined in Section 11, paragraph B of this Agreement, except for accrued and unpaid Salary and benefits earned as of the date of the vote to terminate with cause, and shall have no obligation to provide the general release attached as Appendix 1. For purposes of this Agreement, "for cause" is defined and limited for purposes of this Agreement to any of the following: 1. Conviction or a plea of guilty or no contest to a felony crime, or a crime involving a breach of public trust, whether or not adjudication is withheld; 2. Repeated violation of any City policy, rule, or regulation following notice of the initial violation; Page 5 of 12 51493968 vl Page 30 of 131 Agenda Item #1C. 02 Dec 2024 3. Any intentional act involving moral turpitude causing substantial disrepute to the City; or 4. "Misconduct," as defined in Section 443.036(30), Florida Statutes. Section 12. Termination by the City Manager A. The City Manager may terminate this Agreement or voluntarily resign at any time by delivering to the City Commission a written notice of termination or voluntary resignation a minimum of forty-five (45) days prior to the effective date of the termination or resignation. In its sole discretion, the City may waive, or shorten, the forty-five (45) day notice period by a majority vote of the entire Commission (three members). B. If the City Manager terminates this Agreement or voluntarily resigns after providing the written notice required in Section 12(A), then the provisions of Section 11(B) above, shall not apply. If the City Manager terminates this Agreement or voluntarily resigns after providing the written notice required in Section 12(A), the City shall pay to the City Manager any accrued personal leave. Other than paying the City Manager any accrued compensation that he has earned as of the date of his termination, the City shall have no further financial obligation to City Manager pursuant to this Agreement, unless the City Commission by a majority vote of the entire Commission (three members) agrees to provide any other consideration. In such event, and as consideration of said approval, the City Manager shall execute and deliver to the City the general release as referenced in Section 11 B hereof. C. If the City Manager terminates this Agreement or voluntarily resigns without providing the notice required in Section 12(A) herein, the City shall not pay to the City Manager any accrued personal leave. Other than paying the City Manager any accrued compensation that he has earned as of the date of his termination, the City shall have no further financial obligation to City Manager pursuant to this Agreement. Section 13. Residency Requirement The City Manager agrees that he will reside within the City as a condition of his employment as City Manager and agrees to move to the City of Atlantic Beach, as his/her residence, within six months of the date of this Agreement. Section 14. Indemnification. A. Subject to the limitations set forth in Section 768.28, Florida Statutes, and without waiving the sovereign immunity of the City, the City shall defend, hold harmless, and indemnify the City Manager against any action for any injury or damage suffered as a result of any act, event, or omission of action committed by the City Manager within the scope of his employment hereunder, provided that the City Manager timely reports the same to the City Commission and cooperates fully and honestly in the City's defense thereof. The City may compromise and settle Page 6 of 12 51493968 v1 Page 31 of 131 Agenda Item #1C. 02 Dec 2024 any such claim or suit and pay the amount of any settlement or judgment rendered thereon. The provisions of this Section shall not apply to any claim, demand, suit or cause brought or asserted against the City Manager for his acts or omissions committed while acting outside the course and scope of his employment under this Agreement, committed in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, property or civil rights. In such instance, the City shall be under no affirmative obligation to indemnify or defend the City Manager and the City Manager shall be solely responsible for all costs associated with his legal defense and any settlement(s) or judgment(s) rendered in connection with the charged conduct. B. Said indemnification shall extend beyond the termination of employment and the expiration of this Agreement to provide protection for any such acts undertaken or committed in his capacity with the City as City Manager, regardless of whether the notice of claim or filing of a lawsuit occurs during or following employment with the City. Section 16. Bonding The City agrees to bear the full cost of any fidelity or other bonds required of the City Manager under any policy, regulation, ordinance or law. Section 17. Code of Ethics The "Code of Ethics" promulgated by the ICMA, as may from time to time be amended, is incorporated herein, and by this reference made a part hereof. Said "Code of Ethics" shall furnish principles to govern the City Manager's conduct and actions as City Manager of the City. Section 18. General Terms and Conditions A. This Agreement sets forth and establishes the entire understanding between the City and the City Manager relating to the employment of the City Manager by the City. Any prior discussions or representations by or between the City and the City Manager are merged into and rendered null and void by this Agreement. The City and the City Manager by mutual written agreement may amend any provision of this agreement during the life of the agreement. Such amendments shall be incorporated and made a part of this Agreement. B. This Agreement shall be binding on the City and the City Manager as well as their heirs, assigns, executors, personal representatives and successors in interest. C. This Agreement shall become effective on the last date signed by the parties. D. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been Page 7of12 51493968 vl Page 32 of 131 executed by both the City and City Manager subsequent to the expungement or judicial modification of the invalid provision. E. The parties acknowledge that each has shared equally in the drafting and preparation of this Agreement and, accordingly, no court construing this Agreement shall construe it more strictly against one party than the other and every covenant, term and provision of this Agreement shall be construed simply according to its fair meaning. F. A default shall consist of the breach or anticipatory breach of any covenant, agreement, representation, provision or warranty contained within this Agreement. If a default, breach or anticipatory breach occurs, the party not in default may, at any time or from time to time, pursue to enforce its remedies under this Agreement by suit in equity, action at law or by any other appropriate proceeding, for damages or other relief, or proceed to take any action authorized or permitted under applicable laws or regulations; provided, however, the parties shall, prior to initiating any court proceedings, initiate and complete mediation with a Florida Supreme Court certified mediator in accordance with the procedures set forth in Section 44.102, Florida Statutes, with costs to be equally shared. G. This Agreement and the rights, obligations and remedies hereunder shall be interpreted and governed in all respects by the laws of the State of Florida. Any suit, action or other legal proceeding arising out of or relating to this Agreement shall be brought in courts of competent jurisdiction in and for Duval County, Florida. Executed by the City of Atlantic Beach, Florida this Z3r day of /I ti tt i (S / 2023. CITY OF ATLANTIC .iI .1, FLORIDA By: lc /07.Curtis lord, Ma ATTEST: �, IJC�tn tfAf-lzF_e, Donna Bartle, City Clerk Executed by the CITY MANAGER this "L- ‘Aay of AU V 2023. W(3 William Kill Page 8of12 514434.�' , I Agenda Item #1C. 02 Dec 2024 Page 33 of 131 Agenda Item #1C. 02 Dec 2024 APPENDIX 1 SEPARATION OF EMPLOYMENT AND GENERAL RELEASE AND WAIVER This Separation of Employment and General Release and Waiver Agreement (Agreement) is made by and between the City of Atlantic Beach (City) and Killingsworth (City Manager). WHEREAS, City has employed City Manager; however the parties wish to enter into a voluntary agreement to terminate their employment relationship and to resolve any actual or potential claims that either party may have against the other by reason of City Manager's employment or termination thereof. WHEREAS, the parties desire to set forth the terms and conditions governing City Manager's separation of employment and to provide for the settlement and release of any and all disputes or controversies that have arisen, or which may hereafter arise, between City and City Manager, including without limitation, any and all claims arising out of or in any way related to City Manager's employment with or separation from the City. NOW THEREFORE, in consideration of the mutual covenants herein contained and the mutual benefits to be derived therefrom, the sufficiency of which consideration is hereby acknowledged by the undersigned, City and City Manager agree and state: 1. TERMINATION OF EMPLOYMENT Upon their mutual agreement, City Manager's employment with City shall terminate on , 20 , which shall be (was) City Manager's final date of employment. 2. NO ADMISSION OF LIABILITY This Agreement is not an admission by City Manager or City of any wrongful conduct whatsoever. Both parties deny and disclaim any liability to or wrongful conduct against the other or any third party. 3. PAYMENT AND BENEFITS City Manager shall receive his/her last regular paycheck at the regular scheduled payroll date. Within ten days of this Agreement, City Manager shall receive an additional payment to compensate for accumulated personal leave, subject to customary payroll deductions. As consideration for this Agreement and the release contained within, and in full and complete satisfaction of all obligations due and owing City Manager, City shall: Pay City Manager an amount equal to twenty (20) weeks of his current Salary, subject to customary payroll deductions. 4. SURRENDER AND VACATION OF EMPLOYER'S PROPERTY Upon execution of this Agreement, City Manager shall deliver all of City's property in his/her possession and further, shall vacate City's property. Page 9 of 12 51493968 vl Page 34 of 131 Agenda Item #1C. 02 Dec 2024 5. RELEASE AND WAIVER OF CLAIMS In consideration of the benefits to be provided to City Manager pursuant to this Agreement, City Manager hereby irrevocably and unconditionally releases, waives, acquits and discharges the City and each of its past, present and future elected officials, department heads, officers, employees, agents, representatives and attorneys from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred), of any nature whatsoever, whether known or unknown, Including specifically claims under the Age Discrimination in Employment Act of 1967, arising out of any act, omission, or event from the beginning of time up to the execution of this agreement. City hereby irrevocably and unconditionally releases, acquits and discharges City Manager from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred), of any nature whatsoever, whether known or unknown, arising out of any act, omission, or event from the beginning of time up to the execution of this Agreement. 6. REFERENCES AND NON -DISPARAGEMENT If it is necessary for City to provide a reference to a prospective employer, City Manager agrees that he will direct the prospective employer to contact the Director of Human Resources at the City of Atlantic Beach. Additionally, City Manager and the elected officials agree that they shall not disparage or make untrue statements about each other; provided that this Section shall not apply to comments made to any other governmental entity or as required by law. 7. REPRESENTATIONS AND WARRANTIES The undersigned parties hereby represent and warrant the following to the other: a. City Manager represents and warrants that: he/she is legally and mentally competent to sign this Agreement; he/she is the sole owner of any claims against the City; he/she has the requisite capacity and authority to make this Agreement, and no portion of any existing or potential claims has been sold, assigned or pledged to any third party; and he/she presently possesses the exclusive right to receive all of the consideration paid in exchange for this Agreement. b. City Manager represents and warrants that he/she has not and will not file any complaints, charges or lawsuits against City or any of its past, present and future elected officials, department heads, officers, employees, agents, representatives or attorneys with any governmental agency or any court, including without limitation, any claim or matter of any nature whatsoever related to or arising out of his employment with or separation of his/her employment, except City Manager expressly reserves the right to file a claim for unemployment benefits. City Manager further agrees to indemnify and hold City harmless from any and all loss, costs, damages or expenses, including reasonable attorney fees incurred by City, arising out of any claim that may hereafter be made by City Manager or any other party. Page 10 of 12 51493968 vl Page 35 of 131 Agenda Item #1C. 02 Dec 2024 c. City represents and warrants that it has not and will not file any complaints, charges or lawsuits against City Manager with any governmental agency or any court, including without limitation, any claim or matter of any nature whatsoever related to or arising out of City Manager's employment with or separation of his/her employment with City. d. Each party is fully aware of the contents of this Agreement and of its legal effect and understands that it should obtain legal advice regarding this Agreement as they deem appropriate. The parties hereto and each of them, have carefully read this Agreement and know the contents thereof, and they signed the same freely and voluntarily. e. This Agreement sets forth the entire agreement between the parties and supersedes any and all prior agreements or understandings between the parties pertaining to the subject matter herein. No waiver of a breach of any provision of this Agreement shall be construed to be a waiver of any breach of any other provision of this Agreement or of any succeeding breach of the same provision. No delay in acting with regard to any breach of any provision of this Agreement shall be construed to be a waiver of such breach. If any provision in this Agreement is found to be unenforceable, all other provisions will remain fully enforceable. f. No promise or inducement has been made or offered, except as herein expressly set forth, and this Agreement is executed without reliance upon any statement or representation by any of the released parties or their representatives. g. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. h. This Agreement and any amendments hereto may be executed in multiple counterparts by the parties, or copied. Each counterpart or copy shall be deemed an original, but all counterparts together shall constitute one and the same instrument. 8. JURISDICTION This Agreement shall be governed by the laws of the State of Florida, and venue shall be in Duval County, Florida. 9. BINDING EFFECT This Agreement shall be binding upon and shall accrue to the benefit of the parties hereto, their respective heirs, personal representatives, successors in interest and assigns. Page 11 of 12 51493968 v1 Page 36 of 131 Agenda Item #1C. 02 Dec 2024 IN WITNESS WHEREOF, the parties have executed this Agreement as of the respective dates set forth below and each hereby acknowledges receipt of an executed copy of this Agreement. On behalf of the City of Atlantic Beach, Florida: Curtis Ford, Mayor Date City Manager William Killingsworth Date Page 12 of 12 51493968 rl Page 37 of 131 Page 38 of 131 Agenda Item #1C. 02 Dec 2024 RESOLUTION NO: 08-15 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, TO AMEND PREVIOUSLY APPROVED RESOLUTION NO. 04-12 APPOINTING DONNA BUSSEY AS CITY CLERK, FIXING HER DUTIES AND RATE OF COMPENSATION, AND PROVIDING AN Ele ECTIVE DATE WHEREAS, Article IV, Section 28 of the Charter the City of Atlantic Beach requires the City Commission to appoint a City Clerk, and WHEREAS, the City Commission has previously appointed Donna Bussey (Bartle) as the City Clerk and set her compensation and benefits in Resolution No. 04-12, and WHEREAS, the City Commission desires to amend that previous resolution to provide health insurance to the employee's dependents and pay the insurance premiums thereon. NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach: SECTION 1. Benefits: That "Section 5 benefits" of Resolution 04-12 be amended to add a new subparagraph (a) as follows; "Health Insurance. Employer agrees to provide hospitalization, surgical and comprehensive medical insurance for Employee and her dependents and to pay the premiums thereon for health insurance policy which is provided all other employees of Employer." SECTION 2. Effective Date: This Resolution shall be effective upon its final passage and adoption. PASSED AND ADOPTED by the City Commission, this 2'4 day of November 2008. n fro:4 •. JENSEN, ESQUIRE ey o form and correctness: ATTE T: /' / d71/1Za✓' tat& DONNA L. BARTLE, CMC City Clerk ayor SERVE Page 39 of 131 Page 40 of 131 Agenda Item #1C. 02 Dec 2024 RESOLUTION NO. 04-12 A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPOINTING DONNA BUSSEY AS CITY CLERK, FIXING HER DUTIES AND RATE OF COMPENSATION, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Article P1, Sec 28 of the Charter of the City of Atlantic Beach requires the City Commission to appoint a City Clerk, and WHEREAS, Donna L. Bussey, hereinafter referred to as Employee, has been selected by the City Commission, hereinafter referred to as Employer, to serve as the City Clerk, and WHEREAS, the City Commission desires to establish the duties, compensation, and benefits, of the City Clerk. NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: Section 1: Duties The City Clerk shall perform the functions and duties specified in Article IV of the City Charter and such other legally permissible and proper duties and functions as the City Commission shall from time to time assign. Section 2: Term It is the intent of the City Commission, as the governing body of Atlantic Beach, to appoint the City Clerk for an indefinite term and in furtherance thereof, Employee is hereby appointed as City Clerk of Atlantic Beach effective October 11, 2004, and continuing for an indefinite term thereafter; provided, however, that the indefinite term shall be for a term of one (1) year which shall be automatically renewed from year to year thereafter upon the anniversary date of such appointment unless either party shall, prior to such anniversary date or at anytime, terminate or cancel this agreement as hereinafter provided. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the City Commission to terminate the services of Employee at any time, subject only to the provisions set forth in Section 8 of this agreement. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign, or retire, at any time from her position with Employer, subject only to the provision set forth in Section 8 of this agreement. Section 3: Hours of Work It is recognized that Employee must devote a great deal of time outside the normal office hours to business of the Employer, and to that end, Employee will be allowed to take compensatory time off as she shall deem appropriate during said normal office hours provided that such does not result in an adverse effect on the operations of the City. Page 41 of 131 Agenda Item #1C. 02 Dec 2024 Section 4: Compensation The City Clerk is an appointed exempt employee and shall be paid an annual base salary of $47,798.40, payable in installments at the same time as other management employees of the Employer are paid. In addition, Employer agrees to increase said base salary and/or benefits of Employee in such amounts and to such extent as the City Commission may determine that it is desirable to do so on the basis of an annual salary review of said Employee made at the same time as similar consideration is given other City employees generally. Section 5: Benefits As separate aspects of the City Clerk's employment hereunder, the City shall provide the Employee with the same benefits as provided to other full time City employees beginning at the level for an employee with her current City service. Employee shall receive no reduction in benefits as a result of this action. Changes to such benefits, as applied to all City employees, shall apply to Employee as they would to other employees of the City. These benefits include, but are not limited to: personal leave, health and life insurance, longevity pay, holidays with pay, continued pension plan participation, leave cash -in, and reimbursement for official use of personal automobile. In addition, Employee shall receive: (a) Dues and subscriptions. Employer agrees to pay for professional dues and subscriptions necessary for her full participation in national, regional, state, and local associations and organizations necessary and desirable for her professional participation, growth, and advancement, and for the good of the Employer up to an amount not to exceed the amount budgeted. (b) Professional Development. Employer hereby agrees to pay for travel and subsistence expenses of Employee, up to the amount budgeted, for professional and official travel, meetings, and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official functions for Employer, including but not limited to City Clerk's annual conferences. (c) Reimbursement of General Expenses. Employer recognizes that certain expenses of a non - personal and generally job -affiliated nature may be incurred by the Employee, and hereby agree to reimburse or to pay said general expenses, up to an amount not to exceed the amount budgeted, and the Director of Finance is hereby authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. (d) Tuition Assistance. Employee shall be authorized to take education and/or training courses, to include college courses, for the purpose of employee development, education, or training in order to promote the development of the employee, improve the quality of personal services rendered to the City, equip the employee for career service, and provide a reservoir of occupational skills necessary to meet current and future employment needs. (e) Other. The City Clerk shall be entitled to enroll within other optional benefits as provided to other general employees of the City such as: Flexible Spending Accounts, EAP services, vision and dental insurance, and ICMA 457 Plan. Page 42 of 131 Agenda Item #1C. 02 Dec 2024 Section 6: Reduction of Benefits Employer shall not at any time reduce the salary, compensation, or other financial benefits of Employee, except to the degree of such a reduction across-the-board for all City employees. Section 7: Suspension Employer may suspend the Employee with full pay and benefits at any time during the term of their employment; but, only if the majority of the City Commission agrees. Section 8: Termination and/or Cancellation Either party shall have the right to terminate or cancel this agreement and the employment contemplated hereby without cause at any time. If the Agreement shall be canceled or terminated by Employer, such cancellation shall be effective immediately upon the delivery by Employer of its notice of desire to terminate or cancel to employee. Employee shall likewise have the right to cancel or terminate this agreement without cause by the delivery of a notice of cancellation to the Employer, at least thirty (30) days prior to the effective date of such cancellation or termination unless such written notice shall be waived by the Employer. In the event of the termination or cancellation of employment by the Employer and during such time that Employee is willing and able to perform duties under this agreement, then in that event, Employer agrees to continue to pay salary and benefits for at least one hundred eight (180) consecutive days from any preliminary written notice of termination. Employee shall also be compensated for all earned personal leave, holidays and other accrued benefits to date. In the event Employee is terminated because of conviction by a competent tribunal of any illegal act constituting a misdemeanor involving a breach of public trust or a felony then, in that event, Employer shall have no obligation to pay the aggregate severance sum designated above. In the event Employer, at any time during the term of this agreement, reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduction for all employees of the City, or in the event Employer refuses, following written notice, to comply with any other provision benefiting Employee, or the Employee resigns following a suggestion, whether formal or informal, by the City Commission that she resign, then, in that event, Employee may, at her option, be deemed to be "terminated" at the date of such reduction or such refusal to comply within the meaning and context of the herein severance pay provision. The City may terminate the employment of the City Clerk hereunder without cause provided that any termination or removal of the City Clerk shall be in accordance with the provision of the City Charter. In such event, the City Clerk shall continue to be paid her salary and benefits for at least one hundred eight (180) consecutive days from any preliminary written notice of termination without cause. Section 9: Disability If Employee is permanently disabled or is otherwise unable to perform her duties because of sickness, accident, injury, mental incapacity or health for a period of four successive weeks beyond any accrued leave, Employer shall have the option to terminate employment of the Employee, subject to the severance pay requirements of Section 8 and the Family Medical Leave Act. Page 43 of 131 Agenda Item #1C. 02 Dec 2024 Section 10: Indemnification In addition to that required under state and local law, Employer shall defend, save harmless, and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as City Clerk, provided any such act or omission by the City Clerk is not intentional and was performed in the course and within the scope of her official duties. Employer will compromise and settle and such claim or suit or pay the amount of any settlement or judgment rendered thereon. Section 11: Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 12: General Provisions If any provision, or any portion thereof, contained within this resolution is held unconstitutional, invalid or unenforceable, the remainder of the resolution, or portions thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. Section 13: Effective Date This Resolution shall take effect October 11, 2004 upon its final passage and adoption. PASSED by the City Commission this 27th day of September ATTEST: Jim Ha on Interi ► City Clerk Approved as to form and correctness: yAlan C. J City At n, Esquire , 2004. I hereby accept employment as the City Clerk for the City of Atlantic Beach under the foregoing provisions. Donna Bussey 9/29/04 Date Page 44 of 131 Agenda Item #1C. 02 Dec 2024 RESOLUTION NO. 22-85 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA APPROVING THE HIRING OF JASON GABRIEL WITH THE FIRM OF BURR & FORMAN TO PROVIDE CITY ATTORNEY SERVICES; PROVIDES FOR CONFLICTS; AND PROVIDES AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach issued an Invitation to Negotiate for legal services; and WHEREAS, the City received a highly qualified response from Jason Gabriel of Burr & Forman with a proposal that would benefit the City; and WHEREAS, each of the members of the Commission received a copy of the proposal by Jason Gabriel of Burr & Forman; WHEREAS, each of the members of the Commission had an individual meeting with Jason Gabriel with an opportunity to interview him, ask questions and address concerns; WHEREAS, after the meeting, each member of the Commission indicated that they wanted to move forward with negotiating a contract, so staff drafted and negotiated a contract with Jason Gabriel of Burr & Forman, a copy of which is attached. NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1. The City Commission hereby approves the hiring of Jason Gabriel of Burr & Forman to provide City Attorney services to the City and directs the City Manager to execute the contract on behalf of the City, to be effective December 1, 2022. SECTION 2. All resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. SECTION 3. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City Commission of Atlantic Beach, this 14t day of November, 2022. Attest: E len Glasser, lGlayor Approved as to form and correctness: Prvnet f/gted6 Donna L. Bartle, City Clerk B enna . Duran.Lity Attorney Page 45 of 131 BURR•:•FORMANLLP results matter Jason R. Gabriel Direct Dial: (904) 232-7211 jgabriel@burr.com Agenda Item #1C. 02 Dec 2024 Burr & Forman LLP Bank of America Tower 50 North Laura Street Suite 3000 Jacksonville, FL 32202 Office (904) 232-7200 Fax (904) 232-7201 BURR.COM November 9, 2022 VIA U.S. MAIL & ELECTRONIC MAIL Shane Corbin City Manager City of Atlantic Beach City Hall 800 Seminole Road Atlantic Beach, FL 32233 Phone: (904) 247-5817 Email: scorbin@coab.us Re: Legal Representation of City of Atlantic Beach by Burr & Forman LLP; ITN 22-01 Dear Mr. Corbin: Thank you for selecting Burr & Forman, LLP ("Burr") to represent the City of Atlantic Beach ("COAB" or "City"). We value the relationships we build with our clients and believe it will be mutually beneficial to have a clear understanding of our engagement. Accordingly, this letter confirms COAB's authorization for us to act on its behalf, and our engagement to represent COAB. If you have any questions regarding this letter, please give me a call. Scope of Engagement. Through the Invitation to Negotiate (ITN) process conducted by COAB (ITN 22-01) you have requested that we provide legal counsel, and perform the duties of City Attorney for COAB. The scope of services for such legal services will include: • Acting as the legal advisor to, and attorney and counselor for, the City (COAB) and its officers in matters relating to their official duties; and • Preparing or reviewing (as applicable) all contracts or instruments in which the City is concerned and giving an endorsement of approval as to form and correctness; and • Furnishing opinions on questions of law relating to the powers and duties of city officers; and\ al•de•fl • ga • ms • nc • sc • tn 49395350 v1 Page 46 of 131 Agenda Item #1C. 02 Dec 2024 November 9, 2022 Page 2 • Attending all City Commission meetings, Community Development Board meetings and other meetings as requested by the City Manager; and • Having a presence at City Hall to be available to staff, as needed, not including required meetings; • Performing such other duties as may be required by ordinance or resolution of the City Commission. • Legal services shall by under the day-to-day direction of the City Manager. Burr designates, and COAB accepts, Jason R. Gabriel, Esq., as the primary attorney assigned to COAB work. Other attorneys within Burr may be utilized from time to time to provide legal services and/or fulfill the duties and responsibilities of the City Attorney. Any attorney designated in Jason Gabriel's absence to fulfill the duties and responsibilities of the City Attorney role shall meet the minimum requirements of COAB. Based on the scope of services outlined in the ITN, it is anticipated that the legal services provided will be approximately 24 hours per week. The City Commission for COAB may conduct an annual evaluation of the performance of Burr. We may agree with COAB to limit or expand the scope of our representation from time to time, provided that any such change is confirmed by both parties in writing. Fees, Expenses and Other Charges. For this particular engagement we will provide the legal services for a flat fee in the amount of $12,500.00 monthly ($150,000.00 annually) subject to annual increases at 5% per year, unless otherwise agreed to by the parties. The flat fee set forth herein is intended to cover standard routine legal work for COAB described in the above scope. Accordingly, in the event that further counsel or legal services is required beyond what is standard and routine for COAB, then additional legal fees will be incurred for such additional work and time. For example, it is anticipated that at times our firm may be asked to provide legal services in prosecuting or defending for or on behalf of COAB, civil complaints, suits, or controversies in which COAB is a party. Furthermore, there may be times where COAB engages our firm in special projects such as Redistricting or reviews of the Comprehensive Plan, Land Development Code, Ordinance Code or Charter. On occasion, additional counsel may be engaged, with the City's approval, for specialized areas of the law. Such non -routine matters, matters of special expertise or other matters not identified in the scope of services provided herein, would be considered exclusive of the flat fee arrangement, and in such event, we will communicate and either agree to an additional flat fee amount to cover the legal fees of the extended legal services or to the extent we do not agree to an additional flat fee amount, we will provided such additional legal services at our discounted governmental hourly rates as set forth below: 49395350 v1 Page 47 of 131 November 9, 2022 Page 3 Timekeeper Jason Gabriel Rita Mairs Adrian Rust Scott Thomas Kolton Bell Rachel Greene Title Partner — Government Law Counsel — Government Law Partner — Litigation Partner — Litigation Associate Paraprofessional Proposed Hourly Rate $385 $360 $420 $425 $175 $110 Agenda Item #1C. 02 Dec 2024 Other Representation. As you may be aware, we are a relatively large law firm, and we represent many other companies and individuals. It is possible that some of our present or future clients will have disputes or transactions with you during the time that we are representing you. Therefore, as a condition to our undertaking this matter for you, you have agreed that this firm may continue to represent or may undertake in the future to represent existing or new clients in any matter that is not substantially related to our work for you. We agree, however, that your prospective consent to conflicting representation contained in the proceeding sentence shall not apply in any instance whereas the result of our representation of you we have obtained sensitive, proprietary or other confidential information of a non-public nature that, if known to any such other client of ours, could be used in any such other matter by such client to your material disadvantage. During the term of this engagement, Jason Gabriel, Esq. and members of Burr shall observe the requirements regarding conflicts of interest as set forth in the Rules Regulating the Florida Bar and it Professional Rules of Professional Conduct. Invoices and Payments. We will render invoices to you monthly for legal services, expenses and other charges. Any bills that are above the flat fee agreed upon by the parties, will be itemized. Our invoices are payable upon receipt and are considered overdue if not paid within thirty (30) days. I will review our firm's statements before they will be sent to you each month. If you have any questions pertaining to your statement, please contact me immediately so we can discuss your concerns or questions. Our object in all events will be to minimize legal fees while attempting to provide you with the best possible representation. If you fail to pay any statement within thirty (30) days after receipt, you agree to pay interest on the delinquent amount at 1.0% per month (12% per annum). You hereby acknowledge that the firm's estimates concerning the likely outcome of your matter or regarding the cost of representation are not guarantees of such final outcome or cost. If the firm determines that it is necessary to take any action to enforce this agreement or collect any delinquent fees and expenses, you agree to pay the reasonable costs and attorney's fees incurred by the firm in enforcing this agreement or collecting any amounts due, including attorneys' fees incurred in any bankruptcy proceeding or on appeal. In addition, in the event fees are not promptly paid in accordance herewith, we reserve the right to assert an attorney's charging lien as a lien against any monies recovered on behalf of you, and an attorney's retaining lien upon your files and all papers, documents, and instruments in our possession. Exclusive venue for any action between you and the firm will be in Duval County, Florida and you hereby waive the right to a jury trial in any such action. 49395350 v1 Page 48 of 131 Agenda Item #1C. 02 Dec 2024 November 9, 2022 Page 4 Public Records Law. Pursuant to Section 119.0701, Florida Statutes, Burr & Forman, LLP will comply with Florida's public records laws, specifically to: (1) Keep and maintain public records as required by Florida law; (2) Upon request from COAB's custodian of public records, provide COAB with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by law; (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law; and (4) Upon completion of this engagement, transfer, to COAB all public records that it requests. IF THERE ARE QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THIS FIRM'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE CITY OF ATLANTIC BEACH (CITY CLERK) AT DBARTLE@COAB.US, (904) 247- 5809 AND 800 SEMINOLE ROAD, ATLANTIC BEACH, FLORIDA 32233. All files generated as a result of this engagement are the property of the COAB and shall be turned over promptly upon request after resolution of all compensation issues. During resolution of compensation issues, the City shall be provided a copy of all of its files at no cost to the City, in order to protect its legal interests. We are pleased that you have considered Burr & Forman to represent you as the City Attorney and we look forward to serving you. Sincerely, Jason R. Gabriel Date: Acceptance of Engagement. The City Commission accepted the terms of this letter of agreement on November 14, 2022 and authorized the undersigned to execute this agreement, which will commence on December 1, 2022 and may be terminated by either party without cause at any time. The City will be obligated to pay Burr for all work completed as of that date. Agreed to and accepted: Shane Corbin, City Manager Date: City of Atlantic Beach 49395350 v1 Page 49 of 131 Page 50 of 131 Organization Chart City of Atlantic Beach Organizational Chart Citizens of Atlantic Beach City Commission City Clerk City Manager Finance & Administration Finance Human Resources Public Safety Police, Fire, Lifeguards, Animal Control School Crossing Guards & Parking Attendant Cultural Arts & Recreation City Attorney Planning & Community Development Includes Code Enforcement and Building Department Staff Transportation Public Works Administration, Road & Streets, Fleet, Park Maintenance & Landscape Maintenance Enterprise Funds Water, Sewer & Stormwater Utilities Sanitation & Building Code Enforcement Agenda Item #1D. 02 Dec 2024 f- City of Atlantic Beach 1 Budget Book 2025 Page 12 Page 51 of 131 Page 52 of 131 City Commission Purpose: Agenda Item #1D. 02 Dec 2024 The City Commission is the legislative and policymaking body of the City. The City Commission is comprised of an elected Mayor/Commissioner, who serves two-year terms, and four City Commissioners who serve four-year terms. The City Commission is responsible for appointing the City Manager, City Clerk and City Attorney; adopting an operating budget for the City; establishing boards and committees as necessary and appointing the members thereof; passing ordinances and laws for the preservation of the public peace and order; and adopting zoning standards for the City. Mission Statement: It is the intention of the City Commission to ensure that the City maintains and improves the residential quality of life now enjoyed by residents. City Manager Purpose: To administer and enforce the enactments of the City Commission; to assist the Commission in making policy and program decisions; and, to otherwise administer the affairs of the City. The key component of administration of the City is the preparation and delivery of the annual operating budget. Key objectives: • Prepare a long-range financial plan • Assist the Commission annually to develop priorities and then to supervise the accomplishment of the established priorities. • Continuously examine and monitor City departments to ensure that the City is operating in an effective and productive manner • Provide the Commission with adequate, pertinent and clear information to allow them to make prudent decisions • Ensure that the handling of citizen complaints is done in an efficient, timely and professional manner • Communicate with citizens and the press to maintain an open and responsive atmosphere necessary in a democratic government • Carry out the goals, objectives and policies established by the City Commission Page 53 of 131 Agenda Item #1D. 02 Dec 2024 City Clerk Purpose: The City Clerk Department is responsible for a variety of duties including, but not limited to the following: • Performing administrative functions of the City Commission; preparing meeting notices, agendas and minutes for Commission meetings; setting up meeting rooms; attending and participating in meetings, recording and preserving the legislative actions of the Commission; advertising notices of public hearings for ordinances; receiving documents addressed to the Commission. • Custodian of the City Seal. • Administering oaths. • Acting as the City's filing officer for municipal elections; providing election information and timelines to citizens and candidates, qualifying the candidates, monitoring required reports, advertising, and declaring the results. • Custodian of official City records in accordance with State guidelines. • Receiving, processing, and coordinating records requests in accordance with F.S. 119 and City policies. • Updating the City's Code of Ordinances and providing code supplements to City staff. • Notarizing City documents. • Preparing, maintaining, certifying and recording city liens with the County Clerk of the Courts. • Researching property and preparing lien letters. • Acting as liaison and performing all necessary administrative duties for the Board Member Review Committee and Code Enforcement Special Magistrate such as preparing/publishing notices and agendas, coordinating meeting schedules, setting up meeting room, attending meetings, and preparing minutes. • Updating board and committee membership lists; monitoring terms and vacancies; accepting board and committee applications; and preparing required paperwork for appointments. • Coordinating with appropriate board members and City officials regarding Financial Disclosure requirements and submitting the names and addresses to the State. • Coordinating and tracking mandatory training for board/committee members and staff liaisons. • Purchasing tags and titles for City vehicles. • Attending bid openings. • City Website maintenance. Key Objectives: • To provide timely and efficient support to elected officials, staff, and board/committee members. • To provide excellent customer service to internal and external customers. • To foster transparency and access to public meetings and records. • To increase the amount of information made available electronically. • To establish best practices for records management, storage, and disposal. • To stay abreast of public records related requirements by regularly attending training. • To complete and maintain a formalized inventory of the Off -Site Storage Facility to determine facility contents, including proper labeling of boxes. • To reduce the volume of records by purging/destroying documents that have met State retention requirements. Page 54 of 131 Finance Purpose Agenda Item #1D. 02 Dec 2024 The City's Finance Department provides direct services to the Atlantic Beach community, which includes approximately 8,500 total residents and businesses. Comprised of five divisions (Accounting, Procurement, Customer Service, Utility Billing and Grants Administration), the department is responsible for the following: ensuring effective and efficient management of citywide resources, supervision and direction of annual budget preparation, investments, financial reporting, payroll taxes and reporting, grants administration and reporting, pension plan administration, financial reporting, utility billing, purchasing, and accounts payable. Key Objectives & Priorities • To continue to provide citizens and management with unqualified audit opinions annually • To prepare and monitor the annual operating budget and long term financial plan • To provide customers with excellent customer service • To provide timely and efficient procurement support for all departments • To assist management with financial and performance analysis to aid in decision making • To ensure that all customer demands can be met from the comfort of their home • Continue to develop Financial Policies • Continue to have audits with an unmodified opinion • Update existing polices • Streamline Utility Billing processes • Procure and implement an ERP System Page 55 of 131 Human Resources Purpose: Agenda Item #1D. 02 Dec 2024 The Human Resource Department is responsible for providing programs and services designed to attract, retain and develop diverse employees committed to achieving City objectives and satisfying our customers, while promoting an atmosphere of employee engagement, inclusivity and pride. Human Resources administers programs and activities related to recruitment and selection, equal employment opportunity, benefits administration, wellness initiatives, risk management, workers' compensation insurance and claims, commercial insurance and claims (property, liability, automobile, etc.), position classification, performance management, compensation, employee relations, training and development and personnel policies and procedures. Key Objectives: • Recruit and hire the best possible applicants for employment. • Ensure that our work environment is diverse, inclusive and free from harassment and discrimination. • Maintain a positive working relationship with the City's two collective bargaining units. • Ensure that the City's policies are updated and enforced consistently. • Update and maintain the City's Personnel Policy and Procedures Manual. • Maintain the City's Employee and Retiree payroll systems and HR files to ensure efficiency and security. • Apply loss prevention and control methods through identification and analysis of loss exposure in the areas of liability, workers' compensation and property loss. • Identify and provide training opportunities for staff. • Participate in the Incident Command structure for emergency preparedness and related incidents and events. Page 56 of 131 Information Technology Purpose: Agenda Item #1D. 02 Dec 2024 Information Technology, a component of the City Manager's Office, relies on its own internal staff, plus the assistance of external partners, to provide connected IT and cybersecurity continuity of all computer, telephone, and Wi-Fi-related systems and services for the City government. More than 160 desktop and laptop computers utilize the data network comprised of underground fiber and wireless bridges, giving access to business applications such as email, document management systems, police record management systems, the City website, data file storage, and videoconferencing. More than 120 City employees at 15 city locations are provided voice and data services. Most business applications such as email, file and records management, utility security access control systems, network connectivity, and monitoring tools are run on in-house conventional and virtual server platforms. Information Technology provides planning, acquisition, installation configuration, installation and support for all computers, printers, copiers and telephone systems for City government. Along with the day-to-day systems and desktop support, Information Technology carries responsibility for long-range information system planning and maintenance of services. Page 57 of 131 City Attorney Purpose: Agenda Item #1D. 02 Dec 2024 The purpose of this program is to provide legal services, including ordinance interpretation, legal opinion, negotiation, litigation, etc., requested by the City Commission, City Manager or City staff. Key Objectives: The City Attorney is appointed by the City Commission and acts as the legal advisor for the municipality and all of its officers in matters relating to their official duties. The attorney prepares ordinances, contracts, bonds, and other instruments in which the City is concerned and endorses on each his approval of the form and correctness thereof. When required to do so by the City Commission, it prosecutes and defends, for and on behalf of the City, complaints, suits and proceedings in which the City is a party. The attorney furnishes the City Commissioners, City Manager and department heads of the City opinions on questions of law relating to their respective powers and duties. Page 58 of 131 Planning and Community Development Purpose: Agenda Item #1D. 02 Dec 2024 The Planning and Community Development Department administers zoning and land use related functions of the City, including implementation and amendment of the Comprehensive Plan; review of applications for Development Permits to verify consistency with land development regulations and the Comprehensive Plan; compliance with sign code and tree code; proposes amendments to city land use regulations as appropriate; the administration and enforcement of the Florida Building Code and local regulations relating to building construction; coordinates the permitting requirements of other departments and agencies; issues building permits and certificates of occupancy; and maintains records of building construction in the City, building codes, contractor licensing, and floodplain maintenance; serves as the Floodplain Manager and Community Rating System (CRS) Coordinator; and implements studies, programs, and special projects as directed. The Department also serves as the City liaison to the Northeast Florida Regional Council, Florida Department of Community Affairs, and other local, state and federal agencies, and provides staff support to the Community Development Board and the Environmental Stewardship Committee. Key Objectives: • Work with the City Commission and city staff to maintain and improve the quality of life of Atlantic Beach in terms of aesthetics of the built environment, bicycle and pedestrian planning, economic development, redevelopment, long range planning, marsh master planning, and public works projects. • Mayport Road corridor revitalization efforts. • Implement and apply Chapter 23 (Protection of Trees and the Natural Environment). • To serve the public by ensuring that the health, safety, and welfare of citizens are protected by enforcing the provisions of the various codes adopted by the Federal, State, and City governments. • To educate builders and property owners about building codes, the reasons for them, and their importance in maintaining public safety. General Government The activities in this department are comprised of those expenditures that cannot be classified in any other department. Various funds are also included in this department. They are: Convention Development Tax Fund, Half Cent Sales Tax Fund and Capital Projects Fund. Page 59 of 131 PUBLIC SAFETY Police Department Purpose: Agenda Item #1D. 02 Dec 2024 The Atlantic Beach Police Department's mission is to protect life and property, provide exceptional police service, and work in partnership with our community to improve the quality of life in the City of Atlantic Beach. The department will accomplish this by maintaining community partnerships that promote safe streets and neighborhoods. The Police Department operates eight (8) divisions which include Administration, Patrol & Traffic Enforcement, Training & Logistics, Community Affairs, Purchasing, Accreditation and Oversight, Property / Evidence and Investigations. Each of these divisions engages in pro -active community service, law enforcement and safety efforts. The members of these divisions provide service through criminal investigations, community patrol, traffic enforcement, traffic crash investigations, records management, animal control, Ocean Rescue, accreditation management and a citizen volunteer program. The Communications Division answers all 911 calls for police, fire, and emergency medical responses within the City of Atlantic Beach. Police Grants Purpose: The Police Grants are used to enhance Public Safety operations and utilize available grants to provide the funding for public safety initiatives. Animal Control Purpose: Atlantic Beach Animal Control's mission is to provide service to the public by enforcing local animal ordinances, capturing and impounding animals running at large, investigating reports of animal attacks, animal cruelty and neglect, issuing citations for animal control code violations, investigating animal bites, and coordinating handling and care of animals in the City kennel. Lifeguards Purpose: The Mission of the Atlantic Beach Ocean Lifeguards is to provide for the safety and protection of lives. An emphasis is placed on education and promoting awareness of the marine environment and identifying potential dangers associated with recreational activities in an open water environment. Ocean Lifeguards promote beach and ocean safety and provide efficient, effective water rescues and Basic Life Support (BLS) prior to ambulance arrival. Page 60 of 131 Community Affairs Division Purpose: Agenda Item #1D. 02 Dec 2024 The Atlantic Beach Department Community Affairs Division is tasked with establishing, maintaining, and strengthening the relationship between the Atlantic Beach Police Department and our community. The Police Department is focused on community involvement and values its citizens' input, developing a strong open partnership through communication, services, and interaction. Working together to make Atlantic Beach a safe place to live, work, and play is our goal. Key Objectives: • Establish and maintain effective relationships with the community • Collaborative problem solving through open dialogue with the community to promote meaningful discussion on topics relative to the community • Link the Police Department's mission with community participation through community events, programs, and officer interaction. • Maintain and improve the Atlantic Beach Police Volunteer Program. • Encourage Police Department personnel to participate and engage with the citizens at events and through community programs. • Collaborate and coordinate with the Parks and Recreations Department on special events. Page 61 of 131 Agenda Item #1D. 02 Dec 2024 Public Works There are several departments/divisions covered under the Public Works umbrella. Here is a brief synopsis. Public Works Administration The purpose of the Public Works Administration Division is responsible for the administration of design, construction, operation and maintenance activities for Streets, Stormwater, Buildings, Parks, Beautification, Sanitation, Fleet and Equipment Maintenance, as well as supporting annual contracts and customer requests related to Public Works functions. Building Maintenance The Building Maintenance Division of the Public Works Department is responsible for routine maintenance and improvements to the City's buildings and associated infrastructure. Fleet Maintenance The Fleet Maintenance Division of the Public Works Department is responsible for overseeing the fleet maintenance contractor's compliance with their contractual obligation to the City, including services and repairs on all City vehicles, and heavy and small equipment. The contract includes routine lubrication, oil change, mechanical repairs and other vehicle modifications as needed. Streets and Maintenance The Streets and Maintenance Division of the Public Works Department is responsible for maintaining and improving the City's streets, rights-of-way, beach, beach accesses, stormwater conveyance and treatment systems, and signage and striping throughout the City. Parks The Parks Division of the Public Works Department manages the day-to-day maintenance and long- term improvements of the parks throughout the city. Responsibilities include providing functional, safe recreational areas for the citizens and visitors who use the parks and keeping the parks aesthetically pleasing. Sanitation The Sanitation Department is responsible for overseeing the franchise refuse contractor's compliance with their contractual obligations to the City, including removal of garbage, yard waste, construction debris and recycling. Stormwater Utility The Stormwater Utility is responsible for funding improvements and maintenance to reduce the impact of severe weather by providing effective treatment and conveyance of the City's stormwater. Page 62 of 131 Recreation Purpose: Agenda Item #1D. 02 Dec 2024 The Recreation Department administers the recreational activities and special events throughout the city. The department sponsors such programs as spring and Fall Flag Football, summer camp, festivals, and senior and after-school programs through the community centers and parks, Campout Under the Stars, Wild Wonders, and monthly art shows. The Depaittuent also serves as City liaison to the Cultural Arts and Recreation Committee where, together, the following events are held: Jazz Festival, Arts in the Park, Dog Festival, the Cultural Arts and Recreation Advisory Committee grant program; Acoustic and Songwriters nights, and the Tour de Parks bicycle trek. Key Objectives: • Work with the City Commission and City staff to maintain and improve the quality of life of Atlantic Beach residents through cultural arts and recreation. • Maintain and enhance current programs and events. • Work with the Atlantic Beach Youth Council on programs and projects. • Administer facility rentals, permitting private special events and provide staff support to the Cultural Arts and Recreation Committee. Page 63 of 131 Water Utility Purpose: Agenda Item #1D. 02 Dec 2024 The Water Production and Water Distribution Divisions operate and maintain three water treatment plants, seven potable water wells, and the distribution system to supply potable water and fire protection. Key Objectives: • To protect the public health through compliance with local, state and federal regulatory requirements for drinking water standards • To maintain water supply and facilities to provide fire protection • To insure adequate quantity and quality of future water supplies throughout the service area through proper maintenance and planning • To protect existing water facilities through accurate system mapping and data entry into the GIS system • To operate and maintain the system as efficiently as possible to ensure the rates paid by our customers remain reasonable Sewer Utility Fund Purpose: The Sewer Collection and Sewer Treatment Divisions operate and maintain wastewater collection, transmission and treatment facilities. These facilities include the treatment plant, reclaimed water facilities, lift stations, forcemains, gravity mains, services, and the effluent pumping system and outfall forcemains which discharge to the St. Johns River. Biosolids, the treated product of wastewater treatment, are disposed of at the Trail Ridge Landfill. Key Objectives: • To protect the environment and public health by maintaining compliance with local, state and federal regulatory requirements and standards • To maintain and improve facilities and equipment to extend the life expectancy of all systems as much as possible • To rehabilitate the sewer collection system as recommended in the Capital Improvement Program • To protect the system by continually updating sewer maps and data using the GIS system • To operate and maintain the system as efficiently as possible to ensure the rates paid by our customers remain reasonable • To beneficially reuse treated effluent by providing reclaimed water for irrigation Page 64 of 131 Department Head Telephone Listing Work# Cell# City Manager Bill Killingsworth 247-5817 870-7762 Deputy City Manager Kevin Hogencamp 247-5804 362-0043 City Engineer Steve Swann 247-5874 426-3338 City Clerk Donna Bartle 247-5809 200-9790 Planning Director Amanda Askew 247-5841 710-4750 Building Official Vacant Finance Director Brittany Percell 247-5881 426-4744 Police Chief Vic Gualillo 247-5879 870-2242 Recreation Director Vacant HR Director Cathy Varian 247-5890 426-3493 Public Works Director Scott Williams 247-5825 545-0745 Utilities Director Troy Stephens 247-5875 588-4503 IT Manager Ron Bautista 247-5856 426-3195 Updated December 2024 Agenda Item #1D. 02 Dec 2024 Page 65 of 131 Page 66 of 131 TET JO L9 abed Quorum Governing Length of Board / # of Term Residency Committee Members Expiration Legislation Terms Term Required (years) Limit Board Member Review Committee Community Development Board Arts. Recreation. and Culture Committee **5 7 regular 1 alternate 7 regular 1 alternate Environmental 11 regular Stewardship (7 At -Large Committee 4 District) Res. Nos. 3 050504 , 060603 (default) December 31 12-08 , 17-32 18-52 **Varies 3* Yes 4 December 31 Code Ch 14, Art. II 3 3* Yes 4 1/2 of the filled seats December 31 Res. Nos. 18-32 181851, 19-68, 22-52 3 3* Yes December 31 Code Sec. 23-52 3 3* ESC Tree 3 regular (de2 Must be a fault) current member Code Sec. 23-52 Subcommittee 1 alternate of ESC General Employees' 5 regular 3 December 31 Code Sec. 2-263 Pension Board of 1 alternate Trustees Police Officers' Pension Board of 5 regular 3 December 31 Code Sec. 2-302 Trustees * Term limits are based on consecutive terms ** Resident or Owner 7 At -Large 4 District Must be N/A N/A ESC Member 3 3* 3 3* For Appointed members only For Appointed members only Do these apply to your board/committee? Financial Disclosure (Form 1 & 1F) Quarterly Gift Disclosure (Form 9) Voting Conflict (Form 8B) Dual Office Holding No No Yes No, advisory only Yes Yes Yes Yes No No Yes No, advisory only No No Yes No, advisory only No No Yes No, advisory only Yes Yes Yes Yes Yes Yes Yes Yes BMRC has a total of 5 voting members — 1 sitting Commissioner appointed as Chair (1 -year term), 3 citizen members (3 -year terms), and 1 member is the Chair of the board/committee for which vacancy or re -appointment is currently being considered. Special Notes: Does BMRC Recommend Members No Yes Yes Yes ESC selects subcommittee members from its members Some Some Default Quorum: Unless governing language specifies, quorum is a majority of the members (regardless of whether the position is filled or unfilled). For calculating majority, use only the number of regular members. (Alternates fill in when a member is absent.) Resolution No. 17-09 Appointment of Inaugural ESC Members Resolution No. 18-53 Modified terms of G-PBOT, P-PBOT, and CDB Resolution No. 18-54 Modified terms of BMRC and CARAC Page 68 of 131 Agenda Item #1E. 02 Dec 2024 RESOLUTION NO. 21-16 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING THE TRAINING REQUIREMENTS FOR MEMBERS OF BOARDS AND COMMITTEES BY CHANGING THE TIMELINES AND ADDING STAFF LIAISONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City boards and committees provide grassroots perspectives on community issues, enabling the City Commission to utilize the expertise of citizens with unique qualifications and/or backgrounds. Boards and committees expand the opportunity for citizen input and participation in policy development. The primary responsibility of most boards is to advise and make recommendations to the Mayor and Commission; and WHEREAS, each board and committee is subject to the provisions of F.S. Ch. 112, F.S. Ch. 119 and F.S. Ch. 286 (the Public Ethics Law, Public Records Law and the Government in the Sunshine Law, respectively), and WHEREAS, to better ensure the accountability and effectiveness of City boards and committees, the City Commission desires that all board and committee members and staff liaisons receive training provided by or sponsored by the City, and WHEREAS, on November 23, 2020, the City Commission adopted Resolution No. 20-57 which adopted training requirements for board and committee members; and WHEREAS, the City Commission desires to amend the training requirements. NOW, THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach, Florida, as follows: SECTION 1. The City Commission hereby approves the following amended requirements: 1) Each newly -appointed board and committee member and any new staff liaisons shall be required to complete initial board training, provided by or sponsored by the City, and upon completion of the training, shall certify completion and acknowledge understanding of the duties and responsibilities of such membership/staff position within 180 days from the date the member's term/staff liaison's role begins. 2) All members of the City's boards and committees and their respective staff liaisons shall be required to complete biennial training, provided by or sponsored by the City, and upon completion of the training, shall certify completion and acknowledge understanding of the duties and responsibilities of such membership/staff position. All members/staff liaisons shall complete training in each odd -numbered year no later than July 1 of the applicable year. SECTION 2. This Resolution shall take effect upon adoption by the City Commission. ! PASSED AND ADOPTED by the Mayor and City Commissi n of the City of Atlantic Beach, this A.A.' M day of Fe? bra !.i P- a , 2021. `/� !!i Ellen Glasser, Mayor Attest: A'vol Donna L. Bartle, City Clerk Approved as to form and correctness: Page 69 of 131 Page 70 of 131 Agenda Item #1F. 02 Dec 2024 FLORIDA COMMISSION ON ETHICS imP‘ GUIDE to the SUNSHINE AMENDMENT and CODE of ETHICS for Public Officers and Employees 2024 Page 71 of 131 State of Florida COMMISSION ON ETHICS Ashley Lukis, Chair Tallahassee Michelle Anchors, Vice Chair Fort Walton Beach William P. Cervone Gainesville Tina Descovich Indialantic Freddie Figgers Fort Lauderdale Luis M. Fuste Coral Gables Wengay M. Newton, Sr. St. Petersburg Kerrie Stillman Executive Director P.O. Drawer 15709 Tallahassee, FL 32317-5709 www.ethics.state.fl.us (850) 488-7864* *Please direct all requests for information to this number. Agenda Item #1F. 02 Dec 2024 Page 72 of 131 Agenda Item #1F. 02 Dec 2024 TABLE OF CONTENTS I. HISTORY OF FLORIDA'S ETHICS LAWS 1 II. ROLE OF THE COMMISSION ON ETHICS 2 III. THE ETHICS LAWS 2 A. PROHIBITED ACTIONS OR CONDUCT 3 1. Solicitation or Acceptance of Gifts 3 2. Unauthorized Compensation 4 3. Misuse of Public Position 4 4. Abuse of Public Position 4 5. Disclosure or Use of Certain Information 4 6. Solicitation or Acceptance of Honoraria 5 B. PROHIBITED EMPLOYMENT AND BUSINESS RELATIONSHIPS 5 1. Doing Business With One's Agency 5 2. Conflicting Employment or Contractual Relationship 6 3. Exemptions 6 4. Additional Exemption 8 5. Lobbying State Agencies by Legislators 8 6. Additional Lobbying Restrictions for Certain Public Officers and Employees 8 7. Employees Holding Office 8 8. Professional & Occupational Licensing Board Members 9 9. Contractual Services: Prohibited Employment 9 10. Local Government Attorneys 9 11. Dual Public Employment 9 C. RESTRICTIONS ON APPOINTING, EMPLOYING, AND CONTRACTING WITH RELATIVES 10 1. Anti -Nepotism Law 10 2. Additional Restrictions 10 D. POST OFFICEHOLDING & EMPLOYMENT (REVOLVING DOOR) RESTRICTIONS 10 1. Lobbying By Former Legislators, Statewide Elected Officers, and Appointed State Officers 10 2. Lobbying By Former State Employees 11 3. 6 -Year Lobbying Ban 12 4. Additional Restrictions on Former State Employees 12 5. Lobbying By Former Local Government Officers and Employees 13 Page 73 of 131 Agenda Item #1F. 02 Dec 2024 E. VOTING CONFLICTS OF INTEREST 13 F. DISCLOSURES 14 1. Form 1 - Limited Financial Disclosure 15 2. Form 1F - Final Form 1 19 3. Form 2 - Quarterly Client Disclosure 19 4. Form 6 - Full and Public Disclosure 20 5. Form 6F - Final Form 6 21 6. Form 9 - Quarterly Gift Disclosure 21 7. Form 10 - Annual Disclosure of Gifts from Governmental Entities and Direct Support Organizations and Honorarium Event -Related Expenses 22 8. Form 30 - Donor's Quarterly Gift Disclosure 23 9. Forms 1X and 6X — Amendments 24 IV. AVAILABILITY OF FORMS 24 V. PENALTIES 25 A. For Violations of the Code of Ethics 25 B. For Violations by Candidates 25 C. For Violations by Former Officers and Employees 25 D. For Lobbyists and Others 26 E. Felony Convictions: Forfeiture of Retirement Benefits 26 F. Automatic Penalties for Failure to File Annual Disclosure 26 VI. ADVISORY OPINIONS 27 A. Who Can Request an Opinion 27 B. How to Request an Opinion 27 C. How to Obtain Published Opinions 27 VII. COMPLAINTS 28 A. Citizen Involvement 28 B. Referrals 28 C. Confidentiality 28 D. How the Complaint Process Works 29 E. Dismissal of Complaint at Any Stage of Disposition 30 F. Statute of Limitations 30 VIII. EXECUTIVE BRANCH LOBBYING 30 IX. WHISTLE -BLOWER'S ACT 31 X. ADDITIONAL INFORMATION 32 XI.TRAINING 32 Page 74 of 131 Agenda Item #1F. 02 Dec 2024 I. HISTORY OF FLORIDA'S ETHICS LAWS Florida has been a leader among the states in establishing ethics standards for public officials and recognizing the right of citizens to protect the public trust against abuse. Our state Constitution was revised in 1968 to require a code of ethics, prescribed by law, for all state employees and non - judicial officers prohibiting conflict between public duty and private interests. Florida's first successful constitutional initiative resulted in the adoption of the Sunshine Amendment in 1976, providing additional constitutional guarantees concerning ethics in government. In the area of enforcement, the Sunshine Amendment requires that there be an independent commission (the Commission on Ethics) to investigate complaints concerning breaches of public trust by public officers and employees other than judges. The Code of Ethics for Public Officers and Employees is found in Chapter 112 (Part III) of the Florida Statutes. Foremost among the goals of the Code is to promote the public interest and maintain the respect of the people for their government. The Code is also intended to ensure that public officials conduct themselves independently and impartially, not using their offices for private gain other than compensation provided by law. While seeking to protect the integrity of government, the Code also seeks to avoid the creation of unnecessary barriers to public service. Criminal penalties, which initially applied to violations of the Code, were eliminated in 1974 in favor of administrative enforcement. The Legislature created the Commission on Ethics that year "to serve as guardian of the standards of conduct" for public officials, state and local. Five of the Commission's nine members are appointed by the Governor, and two each are appointed by the President of the Senate and Speaker of the House of Representatives. No more than five Commission members may be members of the same political party, and none may be lobbyists, or hold any public employment during their two-year terms of office. A chair is selected from among the members to serve a one-year term and may not succeed himself or herself. 1 Page 75 of 131 Agenda Item #1F. 02 Dec 2024 II. ROLE OF THE COMMISSION ON ETHICS In addition to its constitutional duties regarding the investigation of complaints, the Commission: • Renders advisory opinions to public officials; • Prescribes forms for public disclosure; • Prepares mailing lists of public officials subject to financial disclosure for use by Supervisors of Elections and the Commission in distributing forms and notifying delinquent filers; • Makes recommendations to disciplinary officials when appropriate for violations of ethics and disclosure laws, since it does not impose penalties; • Administers the Executive Branch Lobbyist Registration and Reporting Law; • Maintains financial disclosure filings of constitutional officers and state officers and employees; and, • Administers automatic fines for public officers and employees who fail to timely file required annual financial disclosure. III. THE ETHICS LAWS The ethics laws generally consist of two types of provisions, those prohibiting certain actions or conduct and those requiring that certain disclosures be made to the public. The following descriptions of these laws have been simplified in an effort to provide notice of their requirements. Therefore, we suggest that you also review the wording of the actual law. Citations to the appropriate laws are in brackets. The laws summarized below apply generally to all public officers and employees, state and local, including members of advisory bodies. The principal exception to this broad coverage is the exclusion of judges, as they fall within the jurisdiction of the Judicial Qualifications Commission. 2 Page 76 of 131 Agenda Item #1F. 02 Dec 2024 Public Service Commission (PSC) members and employees, as well as members of the PSC Nominating Council, are subject to additional ethics standards that are enforced by the Commission on Ethics under Chapter 350, Florida Statutes. Further, members of the governing boards of charter schools are subject to some of the provisions of the Code of Ethics [Sec. 1002.33(26), Fla. Stat.], as are the officers, directors, chief executive officers and some employees of business entities that serve as the chief administrative or executive officer or employee of a political subdivision. [Sec. 112.3136, Fla. Stat.]. A. PROHIBITED ACTIONS OR CONDUCT 1. Solicitation and Acceptance of Gifts Public officers, employees, local government attorneys, and candidates are prohibited from soliciting or accepting anything of value, such as a gift, loan, reward, promise of future employment, favor, or service, that is based on an understanding that their vote, official action, or judgment would be influenced by such gift. [Sec. 112.313(2), Fla. Stat.] Persons required to file financial disclosure FORM 1 or FORM 6 (see Part 111F of this brochure), and state procurement employees, are prohibited from soliciting any gift from a political committee, lobbyist who has lobbied the official or his or her agency within the past 12 months, or the partner, firm, employer, or principal of such a lobbyist or from a vendor doing business with the official's agency. [Sec. 112.3148, Fla. Stat.] Persons required to file FORM 1 or FORM 6, and state procurement employees are prohibited from directly or indirectly accepting a gift worth more than $100 from such a lobbyist, from a partner, firm, employer, or principal of the lobbyist, or from a political committee or vendor doing business with their agency. [Sec.112.3148, Fla. Stat.] However, notwithstanding Sec. 112.3148, Fla. Stat., no Executive Branch lobbyist or principal shall make, directly or indirectly, and no Executive Branch agency official who files FORM 1 or FORM 6 shall knowingly accept, directly or indirectly, any expenditure made for the purpose of lobbying. [Sec. 112.3215, Fla. Stat.] Typically, this would include gifts valued at less than $100 that formerly 3 Page 77 of 131 Agenda Item #1F. 02 Dec 2024 were permitted under Section 112.3148, Fla. Stat. Similar rules apply to members and employees of the Legislature. However, these laws are not administered by the Commission on Ethics. [Sec. 11.045, Fla. Stat.] Also, persons required to file Form 1 or Form 6, and state procurement employees and members of their immediate families, are prohibited from accepting any gift from a political committee. [Sec. 112.31485, Fla. Stat.] 2. Unauthorized Compensation Public officers or employees, local government attorneys, and their spouses and minor children are prohibited from accepting any compensation, payment, or thing of value when they know, or with the exercise of reasonable care should know, that it is given to influence a vote or other official action. [Sec. 112.313(4), Fla. Stat.] 3. Misuse of Public Position Public officers and employees, and local government attorneys are prohibited from corruptly using or attempting to use their official positions or the resources thereof to obtain a special privilege or benefit for themselves or others. [Sec. 112.313(6), Fla. Stat.] 4. Abuse of Public Position Public officers and employees are prohibited from abusing their public positions in order to obtain a disproportionate benefit for themselves or certain others. [Article II, Section 8(h), Florida Constitution.] 5. Disclosure or Use of Certain Information Public officers and employees and local government attorneys are prohibited from disclosing or using information not available to the public and obtained by reason of their public position, for the personal benefit of themselves or others. [Sec. 112.313(8), Fla. Stat.] 4 Page 78 of 131 Agenda Item #1F. 02 Dec 2024 6. Solicitation or Acceptance of Honoraria Persons required to file financial disclosure FORM 1 or FORM 6 (see Part 111 F of this brochure), and state procurement employees, are prohibited from soliciting honoraria related to their public offices or duties. [Sec. 112.3149, Fla. Stat.] Persons required to file FORM 1 or FORM 6, and state procurement employees, are prohibited from knowingly accepting an honorarium from a political committee, lobbyist who has lobbied the person's agency within the past 12 months, or the partner, firm, employer, or principal of such a lobbyist, or from a vendor doing business with the official's agency. However, they may accept the payment of expenses related to an honorarium event from such individuals or entities, provided that the expenses are disclosed. See Part 111 F of this brochure. [Sec. 112.3149, Fla. Stat.] Lobbyists and their partners, firms, employers, and principals, as well as political committees and vendors, are prohibited from giving an honorarium to persons required to file FORM 1 or FORM 6 and to state procurement employees. Violations of this law may result in fines of up to $5,000 and prohibitions against lobbying for up to two years. [Sec. 112.3149, Fla. Stat.] However, notwithstanding Sec. 112.3149, Fla. Stat., no Executive Branch or legislative lobbyist or principal shall make, directly or indirectly, and no Executive Branch agency official who files FORM 1 or FORM 6 shall knowingly accept, directly or indirectly, any expenditure made for the purpose of lobbying. [Sec. 112.3215, Fla. Stat.] This may include honorarium event related expenses that formerly were permitted under Sec. 112.3149, Fla. Stat. Similar rules apply to members and employees of the Legislature. However, these laws are not administered by the Commission on Ethics. [Sec. 11.045, Fla. Stat.] B. PROHIBITED EMPLOYMENT AND BUSINESS RELATIONSHIPS 1. Doing Business With One's Agency a) A public employee acting as a purchasing agent, or public officer acting in an official capacity, is prohibited from purchasing, renting, or leasing any realty, goods, or 5 Page 79 of 131 Agenda Item #1F. 02 Dec 2024 services for his or her agency from a business entity in which the officer or employee or his or her spouse or child owns more than a 5% interest. [Sec. 112.313(3), Fla. Stat.] b) A public officer or employee, acting in a private capacity, also is prohibited from renting, leasing, or selling any realty, goods, or services to his or her own agency if the officer or employee is a state officer or employee, or, if he or she is an officer or employee of a political subdivision, to that subdivision or any of its agencies. [Sec. 112.313(3), Fla. Stat.] 2. Conflicting Employment or Contractual Relationship a) A public officer or employee is prohibited from holding any employment or contract with any business entity or agency regulated by or doing business with his or her public agency. [Sec. 112.313(7), Fla. Stat.] b) A public officer or employee also is prohibited from holding any employment or having a contractual relationship which will pose a frequently recurring conflict between the official's private interests and public duties or which will impede the full and faithful discharge of the official's public duties. [Sec. 112.313(7), Fla. Stat.] c) Limited exceptions to this prohibition have been created in the law for legislative bodies, certain special tax districts, drainage districts, and persons whose professions or occupations qualify them to hold their public positions. [Sec. 112.313(7)(a) and (b), Fla. Stat.] 3. Exemptions—Pursuant to Sec. 112.313(12), Fla. Stat., the prohibitions against doing business with one's agency and having conflicting employment may not apply: a) When the business is rotated among all qualified suppliers in a city or county. b) When the business is awarded by sealed, competitive bidding and neither the official nor his or her spouse or child have attempted to persuade agency personnel to enter 6 Page 80 of 131 Agenda Item #1F. 02 Dec 2024 the contract. NOTE: Disclosure of the interest of the official, spouse, or child and the nature of the business must be filed prior to or at the time of submission of the bid on Commission FORM 3A with the Commission on Ethics or Supervisor of Elections, depending on whether the official serves at the state or local level. c) When the purchase or sale is for legal advertising, utilities service, or for passage on a common carrier. d) When an emergency purchase must be made to protect the public health, safety, or welfare. e) When the business entity is the only source of supply within the political subdivision and there is full disclosure of the official's interest to the governing body on Commission FORM 4A. f) When the aggregate of any such transactions does not exceed $500 in a calendar year. g) When the business transacted is the deposit of agency funds in a bank of which a county, city, or district official is an officer, director, or stockholder, so long as agency records show that the governing body has determined that the member did not favor his or her bank over other qualified banks. h) When the prohibitions are waived in the case of ADVISORY BOARD MEMBERS by the appointing person or by a two-thirds vote of the appointing body (after disclosure on Commission FORM 4A). i) When the public officer or employee purchases in a private capacity goods or services, at a price and upon terms available to similarly situated members of the general public, from a business entity which is doing business with his or her agency. j) When the public officer or employee in a private capacity purchases goods or services from a business entity which is subject to the regulation of his or her agency where the price and terms of the transaction are available to similarly situated members of 7 Page 81 of 131 Agenda Item #1F. 02 Dec 2024 the general public and the officer or employee makes full disclosure of the relationship to the agency head or governing body prior to the transaction. 4. Additional Exemptions No elected public officer is in violation of the conflicting employment prohibition when employed by a tax exempt organization contracting with his or her agency so long as the officer is not directly or indirectly compensated as a result of the contract, does not participate in any way in the decision to enter into the contract, abstains from voting on any matter involving the employer, and makes certain disclosures. [Sec. 112.313(15), Fla. Stat.] 5. Legislators Lobbying State Agencies A member of the Legislature is prohibited from representing another person or entity for compensation during his or her term of office before any state agency other than judicial tribunals. [Art. II, Sec. 8(e), Fla. Const., and Sec. 112.313(9), Fla. Stat.] 6. Additional Lobbying Restrictions for Certain Public Officers and Employees A statewide elected officer; a member of the legislature; a county commissioner; a county officer pursuant to Article VIII or county charter; a school board member; a superintendent of schools; an elected municipal officer; an elected special district officer in a special district with ad valorem taxing authority; or a person serving as a secretary, an executive director, or other agency head of a department of the executive branch of state government shall not lobby for compensation on issues of policy, appropriations, or procurement before the federal government, the legislature, any state government body or agency, or any political subdivision of this state, during his or her term of office. [Art. II Sec 8(f)(2), Fla. Const. and Sec. 112.3121, Fla. Stat.] 7. Employees Holding Office A public employee is prohibited from being a member of the governing body which serves as his or her employer. [Sec. 112.313(10), Fla. Stat.] 8 Page 82 of 131 Agenda Item #1F. 02 Dec 2024 8. Professional and Occupational Licensing Board Members An officer, director, or administrator of a state, county, or regional professional or occupational organization or association, while holding such position, may not serve as a member of a state examining or licensing board for the profession or occupation. [Sec. 112.313(11), Fla. Stat.] 9. Contractual Services: Prohibited Employment A state employee of the executive or judicial branch who participates in the decision-making process involving a purchase request, who influences the content of any specification or procurement standard, or who renders advice, investigation, or auditing, regarding his or her agency's contract for services, is prohibited from being employed with a person holding such a contract with his or her agency. [Sec. 112.3185(2), Fla. Stat.] 10. Local Government Attorneys Local government attorneys, such as the city attorney or county attorney, and their law firms are prohibited from representing private individuals and entities before the unit of local government which they serve. A local government attorney cannot recommend or otherwise refer to his or her firm legal work involving the local government unit unless the attorney's contract authorizes or mandates the use of that firm. [Sec. 112.313(16), Fla. Stat.] 11. Dual Public Employment Candidates and elected officers are prohibited from accepting public employment if they know or should know it is being offered for the purpose of influence. Further, public employment may not be accepted unless the position was already in existence or was created without the anticipation of the official's interest, was publicly advertised, and the officer had to meet the same qualifications and go through the same hiring process as other applicants. For elected public officers already holding public employment, no promotion given for the purpose of influence may be accepted, nor may promotions that are inconsistent with those given other similarly situated employees. [Sec. 112.3125, Fla. Stat.] 9 Page 83 of 131 Agenda Item #1F. 02 Dec 2024 C. RESTRICTIONS ON APPOINTING, EMPLOYING, AND CONTRACTING WITH RELATIVES 1. Anti -Nepotism Law A public official is prohibited from seeking for a relative any appointment, employment, promotion, or advancement in the agency in which he or she is serving or over which the official exercises jurisdiction or control. No person may be appointed, employed, promoted, or advanced in or to a position in an agency if such action has been advocated by a related public official who is serving in or exercising jurisdiction or control over the agency; this includes relatives of members of collegial government bodies. NOTE: This prohibition does not apply to school districts (except as provided in Sec. 1012.23, Fla. Stat.), community colleges and state universities, or to appointments of boards, other than those with land -planning or zoning responsibilities, in municipalities of fewer than 35,000 residents. Also, the approval of budgets does not constitute "jurisdiction or control" for the purposes of this prohibition. This provision does not apply to volunteer emergency medical, firefighting, or police service providers. [Sec. 112.3135, Fla. Stat.] 2. Additional Restrictions A state employee of the executive or judicial branch or the PSC is prohibited from directly or indirectly procuring contractual services for his or her agency from a business entity of which a relative is an officer, partner, director, or proprietor, or in which the employee, or his or her spouse, or children own more than a 5% interest. [Sec. 112.3185(6), Fla. Stat.] D. POST OFFICE HOLDING AND EMPLOYMENT (REVOLVING DOOR) RESTRICTIONS 1. Lobbying by Former Legislators, Statewide Elected Officers, and Appointed State Officers A member of the Legislature or a statewide elected or appointed state official is prohibited for two years following vacation of office from representing another person or entity for compensation before the government body or agency of which the individual was an officer or member. Former members of the Legislature are also prohibited for two years from lobbying the executive branch. [Art. II, Sec. 8(e), Fla. Const. and Sec. 112.313(9), Fla. Stat.] 10 Page 84 of 131 Agenda Item #1F. 02 Dec 2024 2. Lobbying by Former State Employees Certain employees of the executive and legislative branches of state government are prohibited from personally representing another person or entity for compensation before the agency with which they were employed for a period of two years after leaving their positions, unless employed by another agency of state government. [Sec. 112.313(9), Fla. Stat.] These employees include the following: a) Executive and legislative branch employees serving in the Senior Management Service and Selected Exempt Service, as well as any person employed by the Department of the Lottery having authority over policy or procurement. b) serving in the following position classifications: the Auditor General; the director of the Office of Program Policy Analysis and Government Accountability (OPPAGA); the Sergeant at Arms and Secretary of the Senate; the Sergeant at Arms and Clerk of the House of Representatives; the executive director and deputy executive director of the Commission on Ethics; an executive director, staff director, or deputy staff director of each joint committee, standing committee, or select committee of the Legislature; an executive director, staff director, executive assistant, legislative analyst, or attorney serving in the Office of the President of the Senate, the Office of the Speaker of the House of Representatives, the Senate Majority Party Office, the Senate Minority Party Office, the House Majority Party Office, or the House Minority Party Office; the Chancellor and Vice -Chancellors of the State University System; the general counsel to the Board of Regents; the president, vice presidents, and deans of each state university; any person hired on a contractual basis and having the power normally conferred upon such persons, by whatever title; and any person having the power normally conferred upon the above positions. This prohibition does not apply to a person who was employed by the Legislature or other agency prior to July 1, 1989; who was a defined employee of the State University System or the Public Service Commission who held such employment on December 31, 1994; or who reached normal retirement age and retired by July 1, 1991. It does apply to OPS employees. 11 Page 85 of 131 Agenda Item #1F. 02 Dec 2024 PENALTIES: Persons found in violation of this section are subject to the penalties contained in the Code (see PENALTIES, Part V) as well as a civil penalty in an amount equal to the compensation which the person received for the prohibited conduct. [Sec. 112.313(9)(a)5, Fla. Stat.] 3. 6 -Year Lobbying Ban For a period of six years after vacation of public position occurring on or after December 31, 2022, a statewide elected officer or member of the legislature shall not lobby for compensation on issues of policy, appropriations, or procurement before the legislature or any state government body or agency. [Art. II Sec 8(f)(3)a., Fla. Const. and Sec. 112.3121, Fla. Stat.] For a period of six years after vacation of public position occurring on or after December 31, 2022, a person serving as a secretary, an executive director, or other agency head of a department of the executive branch of state government shall not lobby for compensation on issues of policy, appropriations, or procurement before the legislature, the governor, the executive office of the governor, members of the cabinet, a department that is headed by a member of the cabinet, or his or her former department. [Art. II Sec 8(f)(3)b., Fla. Const. and Sec. 112.3121, Fla. Stat.] For a period of six years after vacation of public position occurring on or after December 31, 2022, a county commissioner, a county officer pursuant to Article VIII or county charter, a school board member, a superintendent of schools, an elected municipal officer, or an elected special district officer in a special district with ad valorem taxing authority shall not lobby for compensation on issues of policy, appropriations, or procurement before his or her former agency or governing body. [Art. II Sec 8(f)(3)c., Fla. Const. and Sec. 112.3121, Fla. Stat.] 4. Additional Restrictions on Former State Employees A former executive or judicial branch employee or PSC employee is prohibited from having employment or a contractual relationship, at any time after retirement or termination of employment, with any business entity (other than a public agency) in connection with a contract in which the employee participated personally and substantially by recommendation or decision while a public employee. [Sec. 112.3185(3), Fla. Stat.] 12 Page 86 of 131 Agenda Item #1F. 02 Dec 2024 A former executive or judicial branch employee or PSC employee who has retired or terminated employment is prohibited from having any employment or contractual relationship for two years with any business entity (other than a public agency) in connection with a contract for services which was within his or her responsibility while serving as a state employee. [Sec.112.3185(4), Fla. Stat.] Unless waived by the agency head, a former executive or judicial branch employee or PSC employee may not be paid more for contractual services provided by him or her to the former agency during the first year after leaving the agency than his or her annual salary before leaving. [Sec. 112.3185(5), Fla. Stat.] These prohibitions do not apply to PSC employees who were so employed on or before Dec. 31, 1994. 5. Lobbying by Former Local Government Officers and Employees A person elected to county, municipal, school district, or special district office is prohibited from representing another person or entity for compensation before the government body or agency of which he or she was an officer for two years after leaving office. Appointed officers and employees of counties, municipalities, school districts, and special districts may be subject to a similar restriction by local ordinance or resolution. [Sec. 112.313(13) and (14), Fla. Stat.] E. VOTING CONFLICTS OF INTEREST State public officers are prohibited from voting in an official capacity on any measure which they know would inure to their own special private gain or loss. A state public officer who abstains, or who votes on a measure which the officer knows would inure to the special private gain or loss of any principal by whom he or she is retained, of the parent organization or subsidiary or sibling of a corporate principal by which he or she is retained, of a relative, or of a business associate, must make every reasonable effort to file a memorandum of voting conflict with the recording secretary in advance of the vote. If that is not possible, it must be filed within 15 days after the vote occurs. The memorandum must disclose the nature of the officer's interest in the matter. 13 Page 87 of 131 Agenda Item #1F. 02 Dec 2024 No county, municipal, or other local public officer shall vote in an official capacity upon any measure which would inure to his or her special private gain or loss, or which the officer knows would inure to the special private gain or loss of any principal by whom he or she is retained, of the parent organization or subsidiary or sibling of a corporate principal by which he or she is retained, of a relative, or of a business associate. The officer must publicly announce the nature of his or her interest before the vote and must file a memorandum of voting conflict on Commission Form 8B with the meeting's recording officer within 15 days after the vote occurs disclosing the nature of his or her interest in the matter. However, members of community redevelopment agencies and district officers elected on a one -acre, one -vote basis are not required to abstain when voting in that capacity. No appointed state or local officer shall participate in any matter which would inure to the officer's special private gain or loss, the special private gain or loss of any principal by whom he or she is retained, of the parent organization or subsidiary or sibling of a corporate principal by which he or she is retained, of a relative, or of a business associate, without first disclosing the nature of his or her interest in the matter. The memorandum of voting conflict (Commission Form 8A or 8B) must be filed with the meeting's recording officer, be provided to the other members of the agency, and be read publicly at the next meeting. If the conflict is unknown or not disclosed prior to the meeting, the appointed official must orally disclose the conflict at the meeting when the conflict becomes known. Also, a written memorandum of voting conflict must be filed with the meeting's recording officer within 15 days of the disclosure being made and must be provided to the other members of the agency, with the disclosure being read publicly at the next scheduled meeting. [Sec. 112.3143, Fla. Stat.] F. DISCLOSURES Conflicts of interest may occur when public officials are in a position to make decisions that affect their personal financial interests. This is why public officers and employees, as well as candidates who run for public office, are required to publicly disclose their financial interests. The disclosure process serves to remind officials of their obligation to put the public interest above personal considerations. It also helps citizens to monitor the considerations of those who spend their tax dollars and participate in public policy decisions or administration. 14 Page 88 of 131 Agenda Item #1F. 02 Dec 2024 All public officials and candidates do not file the same degree of disclosure; nor do they all file at the same time or place. Thus, care must be taken to determine which disclosure forms a particular official or candidate is required to file. The following forms are described below to set forth the requirements of the various disclosures and the steps for correctly providing the information in a timely manner. 1. FORM 1 - Limited Financial Disclosure Who Must File: Persons required to file FORM 1 include all state officers, local officers, candidates for local elective office, and specified state employees as defined below (other than those officers who are required by law to file FORM 6). STATE OFFICERS include: 1) Elected public officials not serving in a political subdivision of the state and any person appointed to fill a vacancy in such office, unless required to file full disclosure on Form 6. 2) Appointed members of each board, commission, authority, or council having statewide jurisdiction, excluding members of solely advisory bodies; but including judicial nominating commission members; directors of Enterprise Florida, Scripps Florida Funding Corporation, and CareerSource Florida, and members of the Council on the Social Status of Black Men and Boys; the Executive Director, governors, and senior managers of Citizens Property Insurance Corporation; governors and senior managers of Florida Workers' Compensation Joint Underwriting Association, board members of the Northeast Florida Regional Transportation Commission, and members of the board of Triumph Gulf Coast, Inc.; members of the board of Florida is 15 Page 89 of 131 Agenda Item #1F. 02 Dec 2024 for Veterans, Inc.; and members of the Technology Advisory Council within the Agency for State Technology. 3) The Commissioner of Education, members of the State Board of Education, the Board of Governors, local boards of trustees and presidents of state universities, and members of the Florida Prepaid College Board. LOCAL OFFICERS include: 1) Persons elected to office in any political subdivision (such as municipalities, counties, and special districts) and any person appointed to fill a vacancy in such office, unless required to file full disclosure on Form 6. 2) Appointed members of the following boards, councils, commissions, authorities, or other bodies of any county, municipality, school district, independent special district, or other political subdivision: the governing body of the subdivision; a community college or junior college district board of trustees; a board having the power to enforce local code provisions; a planning or zoning board, board of adjustments or appeals, community redevelopment agency board, or other board having the power to recommend, create, or modify land planning or zoning within the political subdivision, except for citizen advisory committees, technical coordinating committees, and similar groups who only have the power to make recommendations to planning or zoning boards, except for representatives of a military installation acting on behalf of all military installations within that jurisdiction; a pension board or retirement board empowered to invest pension or retirement funds or to determine entitlement to or amount of a pension or other retirement benefit. 3) Any other appointed member of a local government board who is required to file a statement of financial interests by the appointing authority or the enabling legislation, ordinance, or resolution creating the board. 4) Persons holding any of these positions in local government: county or city manager; chief administrative employee or finance director of a county, municipality, or other 16 Page 90 of 131 Agenda Item #1F. 02 Dec 2024 political subdivision; county or municipal attorney; chief county or municipal building inspector; county or municipal water resources coordinator; county or municipal pollution control director; county or municipal environmental control director; county or municipal administrator with power to grant or deny a land development permit; chief of police; fire chief; municipal clerk; appointed district school superintendent; community college president; district medical examiner; purchasing agent (regardless of title) having the authority to make any purchase exceeding $35,000 for the local governmental unit. 5) Members of governing boards of charter schools operated by a city or other public entity. 6) The officers, directors, and chief executive officer of a corporation, partnership, or other business entity that is serving as the chief administrative or executive officer or employee of a political subdivision, and any business entity employee who is acting as the chief administrative or executive officer or employee of the political subdivision. [Sec. 112.3136, Fla. Stat.] SPECIFIED STATE EMPLOYEE includes: 1) Employees in the Office of the Governor or of a Cabinet member who are exempt from the Career Service System, excluding secretarial, clerical, and similar positions. 2) The following positions in each state department, commission, board, or council: secretary or state surgeon general, assistant or deputy secretary, executive director, assistant or deputy executive director, and anyone having the power normally conferred upon such persons, regardless of title. 3) The following positions in each state department or division: director, assistant or deputy director, bureau chief, assistant bureau chief, and any person having the power normally conferred upon such persons, regardless of title. 17 Page 91 of 131 Agenda Item #1F. 02 Dec 2024 4) Assistant state attorneys, assistant public defenders, criminal conflict and civil regional counsel, assistant criminal conflict and civil regional counsel, public counsel, full-time state employees serving as counsel or assistant counsel to a state agency, judges of compensation claims, administrative law judges, and hearing officers. 5) The superintendent or director of a state mental health institute established for training and research in the mental health field, or any major state institution or facility established for corrections, training, treatment, or rehabilitation. 6) State agency business managers, finance and accounting directors, personnel officers, grant coordinators, and purchasing agents (regardless of title) with power to make a purchase exceeding $35,000. 7) The following positions in legislative branch agencies: each employee (other than those employed in maintenance, clerical, secretarial, or similar positions and legislative assistants exempted by the presiding officer of their house); and each employee of the Commission on Ethics. What Must Be Disclosed: FORM 1 requirements are set forth fully on the form. In general, this includes the reporting person's sources and types of financial interests, such as the names of employers and addresses of real property holdings. NO DOLLAR VALUES ARE REQUIRED TO BE LISTED. In addition, the form requires the disclosure of certain relationships with, and ownership interests in, specified types of businesses such as banks, savings and loans, insurance companies, and utility companies. When to File: CANDIDATES who do not currently hold a position requiring the filing of a Form 1 or Form 6 must register and use the electronic filing system to complete the Form 6, then print and file the disclosure with the officer before whom they qualify at the time of qualifying. [Art. II, Sec. 8(a) and (i), Fla. Const., and Sec. 112.3144, Fla. Stat.] 18 Page 92 of 131 Agenda Item #1F. 02 Dec 2024 STATE and LOCAL OFFICERS and SPECIFIED STATE EMPLOYEES are required to file disclosure by July 1 of each year. They also must file within thirty days from the date of appointment or the beginning of employment. Those appointees requiring Senate confirmation must file prior to confirmation. Where to File: File with the Commission on Ethics. [Sec. 112.3145, Fla. Stat.] Beginning January 1, 2024, all Form 1 disclosures must be filed electronically through the Commission's electronic filing system. These disclosures will be published and searchable by name or organization on the Commission's website. 2. FORM 1F - Final Form 1 Limited Financial Disclosure FORM 1F is the disclosure form required to be filed within 60 days after a public officer or employee required to file FORM 1 leaves his or her public position. The form covers the disclosure period between January 1 and the last day of office or employment within that year. 3. FORM 2 - Quarterly Client Disclosure The state officers, local officers, and specified state employees listed above, as well as elected constitutional officers, must file a FORM 2 if they or a partner or associate of their professional firm represent a client for compensation before an agency at their level of government. A FORM 2 disclosure includes the names of clients represented by the reporting person or by any partner or associate of his or her professional firm for a fee or commission before agencies at the reporting person's level of government. Such representations do not include appearances in ministerial matters, appearances before judges of compensation claims, or representations on behalf of one's agency in one's official capacity. Nor does the term include the preparation and filing of forms and applications merely for the purpose of obtaining or transferring a license, so long as the 19 Page 93 of 131 Agenda Item #1F. 02 Dec 2024 issuance of the license does not require a variance, special consideration, or a certificate of public convenience and necessity. When to File: This disclosure should be filed quarterly, by the end of the calendar quarter following the calendar quarter during which a reportable representation was made. FORM 2 need not be filed merely to indicate that no reportable representations occurred during the preceding quarter; it should be filed ONLY when reportable representations were made during the quarter. Where To File: File with the Commission on Ethics. [Sec. 112.3145(4), Fla. Stat.] Beginning January 1, 2024, all Form 2 disclosures must be filed electronically through the Commission's electronic filing system. These disclosures will be published and searchable on the Commission's website. 4. FORM 6 - Full and Public Disclosure Who Must File: Persons required by law to file FORM 6 include all elected constitutional officers and candidates for such office; the mayor and members of a city council and candidates for these offices; the Duval County Superintendent of Schools; judges of compensation claims (pursuant to Sec. 440.442, Fla. Stat.); members of the Florida Housing Finance Corporation Board and members of expressway authorities, transportation authorities (except the Jacksonville Transportation Authority), bridge authority, or toll authorities created pursuant to Ch. 348 or 343, or 349, or other general law. 20 Page 94 of 131 Agenda Item #1F. 02 Dec 2024 What Must be Disclosed: FORM 6 is a detailed disclosure of assets, liabilities, and sources of income over $1,000 and their values, as well as net worth. Officials may opt to file their most recent income tax return in lieu of listing sources of income but still must disclose their assets, liabilities, and net worth. In addition, the form requires the disclosure of certain relationships with, and ownership interests in, specified types of businesses such as banks, savings and loans, insurance companies, and utility companies. When and Where To File: Officials must file FORM 6 annually by July 1 with the Commission on Ethics. Beginning January 1, 2023, all Form 6 disclosures must be filed electronically through the Commission's electronic filing system. These disclosures will be published and searchable by name and organization on the Commission's website. CANDIDATES who do not currently hold a position requiring the filing of a Form 1 or Form 6 must register and use the electronic filing system to complete the Form 6, then print and file the disclosure with the officer before whom they qualify at the time of qualifying. [Art. II, Sec. 8(a) and (i), Fla. Const., and Sec. 112.3144, Fla. Stat.] 5. FORM 6F - Final Form 6 Full and Public Disclosure This is the disclosure form required to be filed within 60 days after a public officer or employee required to file FORM 6 leaves his or her public position. The form covers the disclosure period between January 1 and the last day of office or employment within that year. 6. FORM 9 - Quarterly Gift Disclosure Each person required to file FORM 1 or FORM 6, and each state procurement employee, must file a FORM 9, Quarterly Gift Disclosure, with the Commission on Ethics on the last day of any calendar quarter following the calendar quarter in which he or she received a gift worth more than $100, other 21 Page 95 of 131 Agenda Item #1F. 02 Dec 2024 than gifts from relatives, gifts prohibited from being accepted, gifts primarily associated with his or her business or employment, and gifts otherwise required to be disclosed. FORM 9 NEED NOT BE FILED if no such gift was received during the calendar quarter. Information to be disclosed includes a description of the gift and its value, the name and address of the donor, the date of the gift, and a copy of any receipt for the gift provided by the donor. [Sec. 112.3148, Fla. Stat.] 7. FORM 10 - Annual Disclosure of Gifts from Government Agencies and Direct -Support Organizations and Honorarium Event Related Expenses State government entities, airport authorities, counties, municipalities, school boards, water management districts, and the South Florida Regional Transportation Authority, may give a gift worth more than $100 to a person required to file FORM 1 or FORM 6, and to state procurement employees, if a public purpose can be shown for the gift. Also, a direct -support organization for a governmental entity may give such a gift to a person who is an officer or employee of that entity. These gifts are to be reported on FORM 10, to be filed by July 1. The governmental entity or direct -support organization giving the gift must provide the officer or employee with a statement about the gift no later than March 1 of the following year. The officer or employee then must disclose this information by filing a statement by July 1 with his or her annual financial disclosure that describes the gift and lists the donor, the date of the gift, and the value of the total gifts provided during the calendar year. State procurement employees file their statements with the Commission on Ethics. [Sec. 112.3148, Fla. Stat.] In addition, a person required to file FORM 1 or FORM 6, or a state procurement employee, who receives expenses or payment of expenses related to an honorarium event from someone who is prohibited from giving him or her an honorarium, must disclose annually the name, address, and affiliation of the donor, the amount of the expenses, the date of the event, a description of the expenses paid or provided, and the total value of the expenses on FORM 10. The donor paying the expenses must provide the officer or employee with a statement about the expenses within 60 days of the honorarium event. 22 Page 96 of 131 Agenda Item #1F. 02 Dec 2024 The disclosure must be filed by July 1, for expenses received during the previous calendar year, with the officer's or employee's FORM 1 or FORM 6. State procurement employees file their statements with the Commission on Ethics. [Sec. 112.3149, Fla. Stat.] However, notwithstanding Sec. 112.3149, Fla. Stat., no executive branch or legislative lobbyist or principal shall make, directly or indirectly, and no executive branch agency official or employee who files FORM 1 or FORM 6 shall knowingly accept, directly or indirectly, any expenditure made for the purpose of lobbying. This may include gifts or honorarium event related expenses that formerly were permitted under Sections 112.3148 and 112.3149. [Sec. 112.3215, Fla. Stat.] Similar prohibitions apply to legislative officials and employees. However, these laws are not administered by the Commission on Ethics. [Sec. 11.045, Fla. Stat.] In addition, gifts, which include anything not primarily related to political activities authorized under ch. 106, are prohibited from political committees. [Sec. 112.31485 Fla. Stat.] 8. FORM 30 - Donor's Quarterly Gift Disclosure As mentioned above, the following persons and entities generally are prohibited from giving a gift worth more than $100 to a reporting individual (a person required to file FORM 1 or FORM 6) or to a state procurement employee: a political committee; a lobbyist who lobbies the reporting individual's or procurement employee's agency, and the partner, firm, employer, or principal of such a lobbyist; and vendors. If such person or entity makes a gift worth between $25 and $100 to a reporting individual or state procurement employee (that is not accepted in behalf of a governmental entity or charitable organization), the gift should be reported on FORM 30. The donor also must notify the recipient at the time the gift is made that it will be reported. The FORM 30 should be filed by the last day of the calendar quarter following the calendar quarter in which the gift was made. If the gift was made to an individual in the legislative branch, FORM 30 should be filed with the Lobbyist Registrar. [See page 35 for address.] If the gift was to any other reporting individual or state procurement employee, FORM 30 should be filed with the Commission on Ethics. 23 Page 97 of 131 Agenda Item #1F. 02 Dec 2024 However, notwithstanding Section 112.3148, Fla. Stat., no executive branch lobbyist or principal shall make, directly or indirectly, and no executive branch agency official or employee who files FORM 1 or FORM 6 shall knowingly accept, directly or indirectly, any expenditure made for the purpose of lobbying. This may include gifts that formerly were permitted under Section 112.3148. [Sec. 112.3215, Fla. Stat.] Similar prohibitions apply to legislative officials and employees. However, these laws are not administered by the Commission on Ethics. [Sec. 11.045, Fla. Stat.] In addition, gifts from political committees are prohibited. [Sec. 112.31485, Fla. Stat.] 9. FORM 1X AND FORM 6X - Amendments to Form 1 and Form 6 Form 6. These forms are provided for officers or employees to amend their previously filed Form 1 or IV. AVAILABILITY OF FORMS Beginning January 1, 2024, LOCAL OFFICERS and EMPLOYEES, and OTHER STATE OFFICERS, and SPECIFIED STATE EMPLOYEES who must file FORM 1 annually must file electronically via the Commission's Electronic Financial Disclosure Management System (EFDMS). Paper forms will not be promulgated. Communications regarding the annual filing requirement will be sent via email to filers no later than June 1. Filers must maintain an updated email address in their User Profile in EFDMS. ELECTED CONSTITUTIONAL OFFICERS and other officials who must file Form 6 annually, including City Commissioners and Mayors, must file electronically via the Commission's Electronic Financial Disclosure Management System (EFDMS). Paper forms will not be promulgated. Communications regarding the annual filing requirement will be sent via email to filers no later than June 1. Filers must maintain an updated email address in their User Profile in EFDMS. 24 Page 98 of 131 Agenda Item #1F. 02 Dec 2024 V. PENALTIES A. Non -criminal Penalties for Violation of the Sunshine Amendment and the Code of Ethics There are no criminal penalties for violation of the Sunshine Amendment and the Code of Ethics. Penalties for violation of these laws may include: impeachment, removal from office or employment, suspension, public censure, reprimand, demotion, reduction in salary level, forfeiture of no more than one-third salary per month for no more than twelve months, a civil penalty not to exceed $10,000*, and restitution of any pecuniary benefits received, and triple the value of a gift from a political committee. B. Penalties for Candidates CANDIDATES for public office who are found in violation of the Sunshine Amendment or the Code of Ethics may be subject to one or more of the following penalties: disqualification from being on the ballot, public censure, reprimand, or a civil penalty not to exceed $10,000*, and triple the value of a gift received from a political committee. C. Penalties for Former Officers and Employees FORMER PUBLIC OFFICERS or EMPLOYEES who are found in violation of a provision applicable to former officers or employees or whose violation occurred prior to such officer's or employee's leaving public office or employment may be subject to one or more of the following penalties: public censure and reprimand, a civil penalty not to exceed $10,000*, and restitution of any pecuniary benefits received, and triple the value of a gift received from a political committee. *Conduct occurring after May 11, 2023, will be subject to a recommended civil penalty of up to $20,000. [Ch. 2023-49, Laws of Florida.] 25 Page 99 of 131 Agenda Item #1F. 02 Dec 2024 D. Penalties for Lobbyists and Others An executive branch lobbyist who has failed to comply with the Executive Branch Lobbying Registration law (see Part VIII) may be fined up to $5,000, reprimanded, censured, or prohibited from lobbying executive branch agencies for up to two years. Lobbyists, their employers, principals, partners, and firms, and political committees and committees of continuous existence who give a prohibited gift or honorarium or fail to comply with the gift reporting requirements for gifts worth between $25 and $100, may be penalized by a fine of not more than $5,000 and a prohibition on lobbying, or employing a lobbyist to lobby, before the agency of the public officer or employee to whom the gift was given for up to two years. Any agent or person acting on behalf of a political committee giving a prohibited gift is personally liable for a civil penalty of up to triple the value of the gift. Executive Branch lobbying firms that fail to timely file their quarterly compensation reports may be fined $50 per day per report for each day the report is late, up to a maximum fine of $5,000 per report. E. Felony Convictions: Forfeiture of Retirement Benefits Public officers and employees are subject to forfeiture of all rights and benefits under the retirement system to which they belong if convicted of certain offenses. The offenses include embezzlement or theft of public funds; bribery; felonies specified in Chapter 838, Florida Statutes; impeachable offenses; and felonies committed with intent to defraud the public or their public agency. [Sec. 112.3173, Fla. Stat.] F. Automatic Penalties for Failure to File Annual Disclosure Public officers and employees required to file either Form 1 or Form 6 annual financial disclosure are subject to automatic fines of $25 for each day late the form is filed after September 1, up to a maximum penalty of $1,500. [Sec. 112.3144 and 112.3145, Fla. Stat.] 26 Page 100 of 131 Agenda Item #1F. 02 Dec 2024 VI. ADVISORY OPINIONS Conflicts of interest may be avoided by greater awareness of the ethics laws on the part of public officials and employees through advisory assistance from the Commission on Ethics. A. Who Can Request an Opinion Any public officer, candidate for public office, or public employee in Florida who is in doubt about the applicability of the standards of conduct or disclosure laws to himself or herself, or anyone who has the power to hire or terminate another public employee, may seek an advisory opinion from the Commission about himself or herself or that employee. B. How to Request an Opinion Opinions may be requested by letter presenting a question based on a real situation and including a detailed description of the situation. Opinions are issued by the Commission and are binding on the conduct of the person who is the subject of the opinion, unless material facts were omitted or misstated in the request for the opinion. Published opinions will not bear the name of the persons involved unless they consent to the use of their names; however, the request and all information pertaining to it is a public record, made available to the Commission and to members of the public in advance of the Commission's consideration of the question. C. How to Obtain Published Opinions All of the Commission's opinions are available for viewing or download at its website: www.ethics.state.fl.us. 27 Page 101 of 131 VII. COMPLAINTS A. Citizen Involvement Agenda Item #1F. 02 Dec 2024 The Commission on Ethics cannot conduct investigations of alleged violations of the Sunshine Amendment or the Code of Ethics unless a person files a sworn complaint with the Commission alleging such violation has occurred, or a referral is received, as discussed below. If you have knowledge that a person in government has violated the standards of conduct or disclosure laws described above, you may report these violations to the Commission by filing a sworn complaint on the form prescribed by the Commission and available for download at www.ethics.state.fl.us. The Commission is unable to take action based on learning of such misdeeds through newspaper reports, telephone calls, or letters. You can download a complaint form (FORM 50) from the Commission's website: www.ethics.state.fl.us, or contact the Commission office at the address or phone number shown on the inside front cover of this booklet. B. Referrals The Commission may accept referrals from: the Governor, the Florida Department of Law Enforcement, a State Attorney, or a U.S. Attorney. A vote of six of the Commission's nine members is required to proceed on such a referral. C. Confidentiality The complaint or referral, as well as all proceedings and records relating thereto, is confidential until the accused requests that such records be made public or until the matter reaches a stage in the Commission's proceedings where it becomes public. This means that unless the Commission receives a written waiver of confidentiality from the accused, the Commission is not free to release any documents or to comment on a complaint or referral to members of the public or press, so long as the complaint or referral remains in a confidential stage. 28 Page 102 of 131 Agenda Item #1F. 02 Dec 2024 A COMPLAINT OR REFERRAL MAY NOT BE FILED WITH RESPECT TO A CANDIDATE ON THE DAY OF THE ELECTION, OR WITHIN THE 30 CALENDAR DAYS PRECEDING THE ELECTION DATE, UNLESS IT IS BASED ON PERSONAL INFORMATION OR INFORMATION OTHER THAN HEARSAY. D. How the Complaint Process Works Complaints which allege a matter within the Commission's jurisdiction are assigned a tracking number and Commission staff forwards a copy of the original sworn complaint to the accused within five working days of its receipt. Any subsequent sworn amendments to the complaint also are transmitted within five working days of their receipt. Once a complaint is filed, it goes through three procedural stages under the Commission's rules. The first stage is a determination of whether the allegations of the complaint are legally sufficient: that is, whether they indicate a possible violation of any law over which the Commission has jurisdiction. If the complaint is found not to be legally sufficient, the Commission will order that the complaint be dismissed without investigation, and all records relating to the complaint will become public at that time. In cases of very minor financial disclosure violations, the official will be allowed an opportunity to correct or amend his or her disclosure form. Otherwise, if the complaint is found to be legally sufficient, a preliminary investigation will be undertaken by the investigative staff of the Commission. The second stage of the Commission's proceedings involves this preliminary investigation and a decision by the Commission as to whether there is probable cause to believe that there has been a violation of any of the ethics laws. If the Commission finds no probable cause to believe there has been a violation of the ethics laws, the complaint will be dismissed and will become a matter of public record. If the Commission finds probable cause to believe there has been a violation of the ethics laws, the complaint becomes public and usually enters the third stage of proceedings. This stage requires the Commission to decide whether the law was actually violated and, if so, whether a penalty should be recommended. At this stage, the accused has the right to request a public hearing (trial) at which evidence is presented, or the Commission may order that such a hearing be held. Public hearings usually are held in or near the area where the alleged violation occurred. 29 Page 103 of 131 Agenda Item #1F. 02 Dec 2024 When the Commission concludes that a violation has been committed, it issues a public report of its findings and may recommend one or more penalties to the appropriate disciplinary body or official. When the Commission determines that a person has filed a complaint with knowledge that the complaint contains one or more false allegations or with reckless disregard for whether the complaint contains false allegations, the complainant will be liable for costs plus reasonable attorney's fees incurred by the person complained against. The Department of Legal Affairs may bring a civil action to recover such fees and costs, if they are not paid voluntarily within 30 days. E. Dismissal of Complaints At Any Stage of Disposition The Commission may, at its discretion, dismiss any complaint at any stage of disposition should it determine that the public interest would not be served by proceeding further, in which case the Commission will issue a public report stating with particularity its reasons for the dismissal. [Sec. 112.324(12), Fla. Stat.] F. Statute of Limitations All sworn complaints alleging a violation of the Sunshine Amendment or the Code of Ethics must be filed with the Commission within five years of the alleged violation or other breach of the public trust. Time starts to run on the day AFTER the violation or breach of public trust is committed. The statute of limitations is tolled on the day a sworn complaint is filed with the Commission. If a complaint is filed and the statute of limitations has run, the complaint will be dismissed. [Sec. 112.3231, Fla. Stat.] VIII. EXECUTIVE BRANCH LOBBYING Any person who, for compensation and on behalf of another, lobbies an agency of the executive branch of state government with respect to a decision in the area of policy or procurement may be required to register as an executive branch lobbyist. Registration is required before lobbying an agency and is renewable annually. In addition, each lobbying firm must file a compensation report 30 Page 104 of 131 Agenda Item #1F. 02 Dec 2024 with the Commission for each calendar quarter during any portion of which one or more of the firm's lobbyists were registered to represent a principal. As noted above, no executive branch lobbyist or principal can make, directly or indirectly, and no executive branch agency official or employee who files FORM 1 or FORM 6 can knowingly accept, directly or indirectly, any expenditure made for the purpose of lobbying. [Sec. 112.3215, Fla. Stat.] Paying an executive branch lobbyist a contingency fee based upon the outcome of any specific executive branch action, and receiving such a fee, is prohibited. A violation of this prohibition is a first degree misdemeanor, and the amount received is subject to forfeiture. This does not prohibit sales people from receiving a commission. [Sec. 112.3217, Fla. Stat.] Executive branch departments, state universities, community colleges, and water management districts are prohibited from using public funds to retain an executive branch (or legislative branch) lobbyist, although these agencies may use full-time employees as lobbyists. [Sec. 11.062, Fla. Stat.] Online registration and filing is available at www.floridalobbyist.gov. Additional information about the executive branch lobbyist registration system may be obtained by contacting the Lobbyist Registrar at the following address: Executive Branch Lobbyist Registration Room G-68, Claude Pepper Building 111 W. Madison Street Tallahassee, FL 32399-1425 Phone: 850/922-4990 IX. WHISTLE -BLOWER'S ACT In 1986, the Legislature enacted a "Whistle -blower's Act" to protect employees of agencies and government contractors from adverse personnel actions in retaliation for disclosing information in a sworn complaint alleging certain types of improper activities. Since then, the Legislature has revised this law to afford greater protection to these employees. 31 Page 105 of 131 Agenda Item #1F. 02 Dec 2024 While this language is contained within the Code of Ethics, the Commission has no jurisdiction or authority to proceed against persons who violate this Act. Therefore, a person who has disclosed information alleging improper conduct governed by this law and who may suffer adverse consequences as a result should contact one or more of the following: the Office of the Chief Inspector General in the Executive Office of the Governor; the Department of Legal Affairs; the Florida Commission on Human Relations; or a private attorney. [Sec. 112.3187 - 112.31895, Fla. Stat.] X. ADDITIONAL INFORMATION As mentioned above, we suggest that you review the language used in each law for a more detailed understanding of Florida's ethics laws. The "Sunshine Amendment" is Article II, Section 8, of the Florida Constitution. The Code of Ethics for Public Officers and Employees is contained in Part III of Chapter 112, Florida Statutes. Additional information about the Commission's functions and interpretations of these laws may be found in Chapter 34 of the Florida Administrative Code, where the Commission's rules are published, and in The Florida Administrative Law Reports, which until 2005 published many of the Commission's final orders. The Commission's rules, orders, and opinions also are available at www.ethics.state.fl.us. If you are a public officer or employee concerned about your obligations under these laws, the staff of the Commission will be happy to respond to oral and written inquiries by providing information about the law, the Commission's interpretations of the law, and the Commission's procedures. XI. TRAINING Constitutional officers, elected municipal officers, commissioners of community redevelopment agencies (CRAs), and commissioners of community development districts are required to receive a total of four hours training, per calendar year, in the area of ethics, public 32 Page 106 of 131 Agenda Item #1F. 02 Dec 2024 records, and open meetings. The Commission on Ethics does not track compliance or certify providers. Officials indicate their compliance with the training requirement when they file their annual Form 1 or Form 6. Visit the training page on the Commission's website for up-to-date rules, opinions, audio/video training, and opportunities for live training conducted by Commission staff. 33 Page 107 of 131 Page 108 of 131 Agenda Item #1G. 02 Dec 2024 Commission Salary (AB Charter) Sec. 7. Salary. "The salary of the members of the city commission shall be set by ordinance." (AB Code) Sec. 2-20. - Salary of members. "(a) The annual salary of the mayor and commissioners shall be made in twelve (12) equal monthly payments. (b) Effective August 1 each year the basic salary of the mayor -commissioner and city commissioners shall be reviewed and adjusted by the Consumer Price Index for All Urban Consumers (CPI -U) released in August. Adjustments, if any, shall not exceed the cost of living adjustment provided to general employees and shall be effective on October 1 of each year. (c) This review and increase in basic salary does not negate an annual cost of living increase that might be awarded each year to all city employees." The Director of Human Resources calculates the new pay for Commissioners each year based on the above -referenced Consumer Price Index for All Urban Consumers (CPI -U). 2025 Pav Dates (for Elected Officials) January 10, 2025 February 7, 2025 March 7, 2025 April 4, 2025 May 2, 2025 June 13, 2025 July 11, 2025 August 8, 2025 September 5, 2025 October 3, 2025 November 14, 2025 December 12, 2025 Page 109 of 131 Page 110 of 131 Agenda Item #1G. 02 Dec 2024 RESOLUTION NO. 24-12 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA ESTABLISHING THE CITY'S 2024 PRIORITIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach develops priorities annually to use as a tool to guide policy and budget decision-making, and to outline strategies to work toward outcomes of significant projects, initiatives, programming, and activities; and WHEREAS, these priorities affect many aspects of civic life in Atlantic Beach; and WHEREAS, establishing and sharing priorities helps inform residents, businesses and other stakeholders on what the City Commission's constituents and elected officials view as important for the community in an easy -to -understand and transparent manner; and WHEREAS, the City Commission desires to affirm its priorities by Resolution. NOW, THEREFORE, be it resolved by the Commission of the City of Atlantic Beach: SECTION 1. The City Commission hereby establishes the 2024 Priorities identified in Exhibit A. SECTION 2. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADO TED by the City of Atlantic Beach, this 11t day of March, 2024. Curtis Ford, ayor Attest: � 444444, Dr /.1G/ee Donna L. Bartle, City Clerk Approved as to form and correctness: Jasor( CQ$bril, City Attorney Page 111 of 131 Resolution No. 24-12 EXHIBIT A Strategic Plan Themes A`� Create a strong Preserve community Connect our ense of belonging character neighborhoods and and safety businesses Promote a socially linked Maintain a strong financial community through green condition suitable for paces, active lifestyles, parks, implementing the City's vision and programming TET JO ZTT abed 1.0 1.1 2.0 11610 Create a strong sense of belonging and safety Priorities Increase awareness of bicycle safety and bicycle laws. The Chief of Police will create Directed Enforcement activities to survey, educate and enforce bicycle regulations by December 2024. 22 TET JO ETT DOed Develop a customer -centric culture. The Deputy City Manager will develop an ongoing system for tracking the customer experience by December 2024. The Deputy City Manager will provide level 1 training to all employees and level 2 training to all public facing employees focusing on the customer experience by March 2025. ci Preserve community character 1.0 2.0 2.1 2.2 2.3 TET JO tTT abed Priorities Review Code Enforcement poi:cies. The Planning Director will review policies and code regarding proactive versus reactive code enforcement by December 2024. The Planning Director will recommend changes to code entorcement policies and/or code by December 2024. The Planning Director will create a written procedural manual by March 2025. Establish policies to preserve the marshfront. The Planning Director will propose objectives to the City's Comprehensive Plan specific to the marsh prior to the Plan's adoption. The Planning Director will develop a marsh protection education campaign by March zULi. The Planning Director will identify marsh priority projects consistent with the Adaptation Plan update by August 2025. 3.0 3.1 3.2 4.0 4.1 TET JO STT abed Preserve community characte Priorities Reassess the Stormwater Master plan. The City Engineer will develop scope of work for the Stormwater Master Plan Update by March 2025. The City Engineer will propose methods to accelerate the Stormwater Master Plan by December 2024. Establish sustainability goals. The Planning Director will identify sustainability goals for City projects, City buildings, and City land by September 2025. Connect our neighborhoods and businesses Priorities 1.0 1.1 1.2 2.0 TET JO 9TT DOed Be ranked a gold standard bike friendly community. The Deputy City Manager will conduct a bicycle -friendly self-assessment by March 2025. The Deputy City Manager will engage community stakeholders by March 2025. The Deputy City Manager will apply to the League of American Bicyclists' Bicycle Friendly Community recognition by August 2025. Prioritize projects to implement the Connectivity Plan. The Planning Director will develop an implementation schedule by March 2025. The Planning Director will propose amendments the CIP with prioritized projects to implement the Connectivity Plan by June 2025. Promote a socially linked community through green spaces, active lifestyles, parks, and programming 1.0 2.0 Priorities Create a plan to remedy gaps in Arts & Recreation programming. The Deputy City Manager will propose an organizational change that supports Arts & Recreation programming by April 2024. The Deputy City Manager will identify gaps in current Arts & Recreation Programming by December 2024. The Deputy City Manager will propose a program of Arts and Recreation to meets the needs of the community April 2025. TET JO LTT abed Prioritize projects to implement the Parks Master Plan. The Planning Director will develop a prioritized list of projects from the Parks Master Plan by December 2024. The Planning Director will propose amendments the CIP to implement the priority projects from the Parks Master Plan by March 2025. v 1.0 ■ 1.2 2.0 3.0 3.1 3.3 TET JO 8TT abed Maintain a strong financial condition suitable for implementing the City's vision Priorities Establish a risk management program for city facilities and contracts. The Risk Management Officer will identify at least five best practices regarding risk management for city facilities and contracts from other municipalities by March 2024. The Risk Management Officer will propose to the City Manager policies and procedures that identify, evaluate, mitigate and monitor potential liabilities to the City regarding city facilities and contracts by May 2024. Review fleet maintenance and replacement policies. The Chief of Police will draft a city fleet vehicle replacement policy by July 2024. Analyze cost -benefits of outsourcing permitting inspection. The Planning Director will collect data to analyze the cost -benefits of outsourcing permitting inspection by March 2025. The Planning Director in coordination with the Finance Director will prepare a cost -benefit analysis of outsourcing permitting inspection by June 2025. The Planning Director will provide a recommendation to the City Commission by June 2025. 0 Maintain a strong financial condition suitable for implementing the City's vision Priorities Cultivate relationships to demonstrate the need for resources and cooperation. The Deputy City Manager will identify opportunities to build relationships between city elected officials and other elected officials by May 2024. The Deputy City Manager will identify organizations for the city to participate in and/or partner with that will leverage the city's needs by December 2024. Use data and budget analysis to understand fiscal effects prior to budget approval. The Finance Director will develop financial condition indicators to understand impacts to the budget due to socio-economic and policy changes by August 2024. The Finance Director will create a standardized way of reporting fund changes due to project budget amendments by October 2024. Provide regular updates on project timelines and finances. The City Engineer will develop a system to track project timelines and finances by December 2024. The Directors will systematically report changes to project timelines and finances by December 2024. The Deputy City Manager will systematically update the website with project timelines and finances by January 2025. TET JO 6TT abed Page 120 of 131 Agenda Item #1G. 02 Dec 2024 2025 Holiday Dates *Holidays will be observed by City Staff (city offices closed) on the following dates: New Year's Day — Wednesday, January 1, 2025 Martin Luther King, Jr. Day — Monday, January 20, 2025 Presidents' Day — Monday, February 17, 2025 Memorial Day — Monday, May 26, 2025 Independence Day — Friday, July 4, 2025 Juneteenth 19 — Thursday, June 19, 2025 Labor Day — Monday, September 1, 2025 Veterans' Day — Tuesday, November 11, 2025 Thanksgiving Day — Thursday, November 27, 2025 Day after Thanksgiving — Friday, November 28, 2025 Christmas Eve — Wednesday, December 24, 2025 Christmas — Thursday, December 25, 2025 Page 121 of 131 Page 122 of 131 2025 INVOCATION SCHEDULE January 13 Ford January 27 Bole February 10 Grant February 24 Kelly March 10 Ring March 24 Ford April 14 Bole April 28 Grant May 12 Kelly May 27 Ring June 9 Ford June 23 Bole July 14 Grant July 28 Kelly August 11 Ring August 25 Ford September 8 Bole September 22 Grant October 13 Kelly October 27 Ring November 10 Ford November 24 Bole December 8 Grant Agenda Item #1G. 02 Dec 2024 Page 123 of 131 Page 124 of 131 Attachment A to 12-5-22 Minutes OFFICE OF GENERAL COUNSEL CITY OF JACKSONVILLE 117 WEST DIIVAL STREET SUITE 480 JACKSONVILLE, FL 32202 PHONE: (904) 630-1724 MEMORANDUM TO: The Honorable Council President Clay Yarborough FROM: Jason R. Gabriel, General Counsel ._ RE: City Council Invocations DATE: September 20, 2014 1. Background. The City Council has been contacted by certain organizations and individuals with questions about, or support for, legislative invocations. Accordingly, the Office of General Counsel has reviewed the subject issues and has prepared this memorandum providing legal advice on this matter. The term invocation is used interchangeably with the term prayer in this memo. 11, Questions Asked. (1) May the City Council open its meetings with a prayer? (2) If so, how do United States Supreme Court decisions impact City Council Rules with respect to legislative invocations, the process for selecting an invocation, or the process for selecting a Council Chaplain? III. Short Answers. (1) The City Council may open its meetings with a prayer for the legislative body, so long as there is "no indication that the prayer opportunity has been exploited to proselytize or advance any one, or to disparage any other, faith or belief." (2) The Supreme Court's decisions indicate that Council Rules may be implemented as follows: (1) a designated Chaplain may give the invocation on 1 Agenda Item #1G. 02 Dec 2024 Page 125 of 131 Attachment A to 12-5-22 Minutes behalf of the legislative body, or (2) the legislative body may open the process to rotating ministers and theologians, on behalf of the body. Either approach may be employed, so long as it is on behalf of and for the benefit of the legislative body (i.e., an internal act) and the chosen method does not disparage, proselytize, or advance one religion. The City Council Rule' permits the Council President to select a colleague to serve as Chaplain, and the Establishment Clause does not limit the Council President's choice of Chaplain. IV. Discussion. The First Amendment to the U.S. Constitution includes an Establishment Clause, as follows: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. A legal analysis of legislative invocations falls into a narrow area of First Amendment, Establishment Clause case law governed by Marsh v. Chambers,2 rather than the typical Establishment Clause cases governed by Lemon v. Kurtzman.3 Marsh v. Chambers One of the lead decisions by the United States Supreme Court regarding legislative invocations is Marsh v. Chambers, 463 U.S. 783 (1983)4. Here, the Supreme Court looked to the country's long history and tradition of opening legislative (and other deliberative body) meetings with prayer, as it noted the coexistence of such practice with the principles of disestablishment and religious freedom. The Supreme Court noted that the very Congress which adopted the Bill of Rights also approved the use of paid chaplains: 1 City Council Rule 1.106 (Chaplain) states the following: "The President may appoint one Council Member to be Chaplain of the Council, who shall arrange to open each meeting of the Council with a prayer/invocation. The President or Chaplain may invite or designate others to provide appropriate ceremonies." This rule grants the Council President discretion to choose any of the current Council Members to serve as Chaplain. 2 463 U.S. 783 (1983). 3 Aside from legislative invocation cases, the Lemon test governs Establishment Clause cases. There must be: (1) a legitimate secular purpose, (2) primary effect is not to endorse religion, and (3) no excessive entanglement. See Lemon v. Kurtzman, 403 U.S. 602 (1975). 4 Town of Greece, NY v. Galloway, 134 S.Ct. 1811 (2014) is the other lead decision by the U.S. Supreme Court with respect to legislative invocations. 2 Agenda Item #1G. 02 Dec 2024 Page 126 of 131 Attachment A to 12-5-22 Minutes It can hardly be thought that in the same week Members of the First Congress voted to appoint and to pay a Chaplain for each House and also voted to approve the draft of the First Amendment for submission to the States, they intended the Establishment Clause of the Amendment to forbid what they had just declared acceptable. 463 U.S. at 790. In Marsh, a state legislator challenged the constitutionality of a practice of the Nebraska legislature of opening each of its sessions with a prayer by a chaplain paid with public funds. The Supreme Court held that such practice did not violate the Establishment Clause, even though a clergy member of only one denomination (Presbyterian) had been selected for 16 years, in Nebraska, and even though the prayers were in the "Judeo- Christian" tradition. The Supreme Court in one portion of its opinion stated that the opening of legislative sessions with prayer is "part of the fabric of society" as follows: In light of the unambiguous and unbroken history of more than two hundred years, there can be no doubt that the practice of opening legislative sessions with prayer has become part of the fabric of our society. To invoke Divine guidance on a public body entrusted with making the laws is not, in these circumstances, an "establishment" of religion or a step toward establishment; it is simply a tolerable acknowledgment of beliefs widely held among the people of this country. 463 U.S. at 792. In short, the Court held that so long as "no indication that the prayer opportunity has been exploited to proselytize or advance any one, or to disparage any other, faith or belief," 463 U.S. 794-95, the legislative invocation did not violate the Establishment Clause of the United States Constitution. The Court closed its decision with a conclusory remark as to the importance of history and tradition in this context creating a presumptive validity of the invocation, stating: "The unbroken practice for two centuries in the National Congress, for more than a century in Nebraska and in many other states, gives abundant assurance that there is no real threat 'while this Court sits."' 463 U.S. at 795. Town of Greece On May 5, 2014, the United States Supreme Court decided the Town of Greece case. Town of Greece, NY v. Galloway, 134 S.Ct. 1811 (2014). Since 1999, the monthly town board meetings in Greece, New York have opened with a roll call, a recitation of the Pledge of Allegiance, and a prayer given by clergy selected from the congregations listed in a local directory. While the prayer program is open to all creeds, nearly all of the local congregations are Christian and thus nearly all of the participating prayer givers have been too. Citizens who attended meetings to speak on local issues filed suit alleging that the town violated the First Amendment's Establishment Clause by preferring Christians over other prayer givers and by sponsoring sectarian prayer. They sought to limit the town to "inclusive and ecumenical" prayers that referred only to a "generic God." The District Court upheld the prayer practice on summary judgment: finding no 3 Agenda Item #1G. 02 Dec 2024 Page 127 of 131 Agenda Item #1G. 02 Dec 2024 Attachment A to 12-5-22 Minutes impermissible preference for Christianity; concluding that the Christian identity of most of the prayer givers reflected the predominantly Christian character of the town's congregations, not an official policy or practice of discriminating against minority faiths; finding that the First Amendment did not require the town to invite clergy from congregations beyond its borders to achieve religious diversity; and rejecting the theory that legislative prayer must be nonsectarian. The Second Circuit reversed, holding that some aspects of the prayer program, viewed in their totality by a reasonable observer, conveyed the message that Greece was endorsing Christianity. The Supreme Court disagreed with the Second Circuit and reversed the judgment. In Town of Greece, the Supreme Court found that (in referencing the Marsh case) the respondent (citizen's) insistence on nonsectarian prayer was not consistent with the long tradition followed by Congress and state legislatures: The Court found the prayers in Marsh were consistent with the First Amendment not because they espoused only a generic theism but because the Nation's history and tradition have shown that prayer in this limited context could "coexis[t] with the principles of disestablishment and religious freedom." 134 S.Ct. at 1820. The Court here distinguished dictum from the County of Allegheny5 case which suggested that Marsh permitted only prayer with no overtly Christian references. The Court noted that such stance would be irreconcilable with the facts, holding and reasoning of Marsh, which instructed that the "content of the prayer is not of concern to judges," provided "there is no indication that the prayer opportunity has been exploited to proselytize or advance any one, or to disparage any other, faith or belief." 463 U.S., at 794-795 (Marsh), and 134 S.Ct. at 1814 (Town of Greece). The Court reasoned that: To hold that invocations must be nonsectarian would force the legislatures that sponsor prayers and the courts that are asked to decide these cases to act as supervisors and censors of religious speech, a rule that would involve government in religious matters to a far greater degree than is the case under the town's current practice of neither editing or approving prayers in advance nor criticizing their content after the fact. 134 S.Ct. at 1814 and 1822. The Court warned against government prescribing prayers to be recited in public institutions in order to promote a preferred system of belief or behavior. In such respect a government may not mandate a civic religion "that stifles any but the most generic reference to the sacred any more than it may prescribe a religious orthodoxy." 134 S.Ct. 1822. "The First Amendment is not a majority rule, and government may not seek to define permissible categories of religious speech. Once it invites prayer into the public 5 County of Allegheny v. American Civil Liberties Union, Greater Pittsburgh Chapter, 492 U.S. 573 (1989). 4 Page 128 of 131 Attachment A to 12-5-22 Minutes sphere, government must permit a prayer giver to address his or her own God or gods as conscience dictates, unfettered by what an administrator or judge considers to be nonsectarian." 134 S.Ct. at 1823. In rejecting the suggestion that legislative prayer must be non-sectarian, the Court does not imply that no constraints remain on its content. The relevant constraint derives from the prayer's place at the opening of the legislative sessions, where it is meant to lend gravity to the occasion and reflect values long part of the Nation's heritage. The Court concluded that prayer that is solemn and respective in tone, that invites lawmakers to reflect upon shared ideals and common ends before they embark on the fractious business of governing, serves that function. Absent a pattern of prayers that over time denigrate, proselytize, or betray an impermissible government purpose, a challenge based solely on the content of a particular prayer will not likely establish a constitutional violation. 134 S.Ct. at 1814. It must be noted once more that the analysis would be different if a town board (City Council) directed the public to participate in prayers, or solicited audience members to engage in any aspect of prayer. Any action of prayer/invocation by the Council though it may be intended to be inclusive, must never be coercive. 134 S.Ct. at 1826. As the Court concluded in the Town of Greece case: [C]eremonial prayer is but a recognition that, since this Nation was founded and until the present day, many Americans deem that their own existence must be understood by precepts far beyond the authority of government to alter or define and that willing participation in civic affairs can be consistent with a brief acknowledgement of their belief in a higher power, always with due respect for those who adhere to other beliefs. 134 S.Ct. at 1827-1828. This ceremonial prayer however need not be prayer devoid of religious content. Throughout its opinion, the Court in Town of Greece reiterated the validity of a sectarian invocation, completely rejecting the argument that the Town of Greece council should create rules for prayers. In reaffirming its holding in Marsh, the Court reiterated the notion that chaplains have the right to pray to the dictates of their own beliefs, this being true even if, as was true in Marsh, the same chaplain had delivered the invocation for more than 15 years: The tradition reflected in Marsh permits chaplains to ask their own God for blessings of peace, justice, and freedom that find appreciation among people of all faiths. That a prayer is given in the name of Jesus, Allah, or Jehovah, or that it makes passing reference to religious doctrines, does not remove it from that tradition. These religious themes provide particular means to universal ends. 134 S.Ct. at 1823. 5 Agenda Item #1G. 02 Dec 2024 Page 129 of 131 Attachment A to 12-5-22 Minutes As for legislatively chosen chaplains, they may choose their own invocations, "so long as the practice over time is not 'exploited to proselytize or advance any one, or to disparage any other, faith or belief.' Marsh, 463 U.S., at 794-95." 134 S.Ct. at 1823. Other Legislative Invocation /Establishment Clause Cases This is not to say, however, that all practices of prayer at the opening of all sorts of public legislative meetings are constitutional. In fact, the opposite has been held to be true here in the Eleventh Circuit, the federal judicial appellate court which controls in Florida (and Alabama and Georgia) at the intermediate federal appellate level. In Pelphrey v. Cobb County, Georgia, 547 F. 3d 1263 (11th Circuit 2008), a taxpayer filed suit against a county as to the offering of religious invocations at the beginning of sessions of the county commission, and at the beginning of county planning commission meetings. The United States District Court below had found at trial that a process that the county planning commission had used to select clergy persons to give opening prayers at commission meetings violated the Establishment Clause. The Eleventh Circuit reversed and found to the contrary, but within certain important limitations. The Eleventh Circuit held that the Cobb County Commission was a public body entrusted with making laws for the county. It also held that the Cobb County Planning Commission, as an entity that assisted the County Commission with its work, likewise was a legislative body. Similarly, the Jacksonville City Council unquestionably is the principal legislative body for the Consolidated Government here in Duval County. The Eleventh Circuit held that use of opening prayers in the two legislative bodies in Georgia did not violate the Establishment Clause as long as the prayers "did not advance or disparage a belief or affiliate government with a specific faith." 547 F.3d at 1269-78. See also, Aetheists of Florida v. City of Lakeland, 713 F.3d 577 (11th Cir. 2013). The Court in Town of Greece confirmed the reasoning of the 11th Circuit. In discussing the Town of Greece policy of inviting ministers, the Court stated that "[t]he town made reasonable efforts to identify all of the congregations located within its borders and represented that it would welcome a prayer by any minister or layman who wished to give one." 134 U.S. at 1824. It then added two somewhat conflicting statements: [1] So long as the town maintains a policy of nondiscrimination, the Constitution does not require it to search beyond its borders for non- Christian prayer givers in an effort to achieve religious balancing. [2] The quest to promote "a `diversity' of religious views" would require the town "to make wholly inappropriate judgments about the number of religions [it] should sponsor and the relative frequency with which it should sponsor each," Lee v. Weisman, 505 U.S., at 617, 112 S.Ct. 2649 (Souter, J., concurring), a form of government entanglement with religion that is far more troublesome than the current approach. 134 U.S. at 1824. 6 Agenda Item #1G. 02 Dec 2024 Page 130 of 131 Attachment A to 12-5-22 Minutes The Court suggests that nondiscrimination is important, but that the search for diversity contains its own constitutional risks. This should be taken as a warning that if a legislative body chooses to invite speakers, then it should be careful not to engage in discrimination. These comments do not, however, modify the Court's clear confirmation that a legislative body may choose its own chaplain, and the chaplain may choose her or his own invocation. V. Conclusion. The constitutionality of legislative invocations is considered on a case by case basis with judicial outcomes that are contingent upon the detailed facts of each case. There are no bright -line rules and everything is subject to interpretation based on express or implied purposes, history and tradition, context and the process that the City employs. Until the Supreme Court says otherwise, there are essentially two constitutionally protected ways to handle a brief invocation at the commencement of meetings: (1) a designated Chaplain may give the invocation on behalf of the legislative body, or (2) the legislative body may open the process to rotating ministers and theologians, on behalf of the body. Either approach may be undertaken, so long as it is on behalf of and for the benefit of the legislative body (i.e., an internal act) and the chosen method does not disparage, proselytize, or advance one religion. Finally, Council Rule 1.106 (Chaplain), grants the Council President discretion to choose any of the current Council Members to serve as Chaplain. The Establishment Clause does not create rules for selecting the Council Chaplain. As noted with respect to choosing an invocation, the Establishment Clause prohibits discrimination against religion and also prohibits governmental efforts to define appropriate religion. The Council Rule does not by its terms discriminate against or define appropriate religion. The Rule simply permits the Council President to select a colleague. The Establishment Clause does not limit the Council President's choice of Chaplain. Absent a pattern of prayers that over time denigrate, proselytize, or betray impermissible government purpose, a challenge based solely on the content of a prayer will not likely establish a constitutional violation under the Establishment Clause. I trust that this opinion provides the guidance you seek. I am available to discuss this with you at your convenience. 7 Agenda Item #1G. 02 Dec 2024 Page 131 of 131