05-27-98 vI
CITY OF ATLANTIC BEACH
RECREATION ADVISORY BOARD MEETING
MAY 27, 1998
A regular meeting of the Board was held Wednesday, May 27, 1998 in the Adele Grage
Community Center Meeting Room at 7:22PM.
Present were: Patricia Goelz Ed Waters
Peter Coalson Phil Corp
Mayor Suzanne Shaughnessy
Timmy Johnson, Staff Liaison
Patricia made a motion to approve the minutes of the last meeting, Ed seconded and the motion
carried.
The Board reviewed the final revisions to Bull Park Plans. Patricia made a motion to remove the
lights from the plans, Phil seconded and the motion carried.
The Board took a recess and traveled to the proposed site for the Community Garden. At the
site, Patricia discussed the Community Garden concept. The Garden will be 70 x 100 feet, with a
4 to 6 foot fence. There will be a picket fence and a Community Garden sign. Notice of the
meeting concerning the Garden was put up at the site and the Church. A water main is near the
site. The Board discussed an alternate site that Donner Community Development Corporation
recommended. The Board decided to table the discussion and put up signs, stake out the site and
have citizens call in with comments.
ALAN C. JENSEN
Attorney at Law
935 North Third Street
Post Office Box 50457
Jacksonville Beach, Florida 32240-0457
Telephone (904)246-2500 Facsimile (904)246-9960
May 28, 1998
MEMO TO: Mayor and City Commissioners
City Manager
City Clerk
FROM: Alan C. Jensen, City Attorney
RE: Procedural Matters
A couple of matters have recently come to my attention which involve procedural issues,
especially in regard to correspondence and communications. I would like to address them as
follows:
1. Written correspondence between Commission members: Attached hereto is a copy
of page 34 from the 1998 edition of the Government-in-the-Sunshine Manual. Written correspon-
dence between Commission members, or between members of any board, should be through the
City Clerk's office and not directly mailed or delivered to individual Commissioners either
personally or at their residences. Compliance with the requirements as set forth in the attached
page 34 should be strict. If you have any questions, call me. If there is any doubt, don't do it.
2. Documents into City Hall: All documents should go to the City Clerk, who is
the official records keeper, and all documents are immediately public record. Any documents
provided by staff for staff reports, from consultants, or from any other source, are public record
and are available to all Commissioners, especially if requested.
3. Who can Commissioners talk to: Commissioners should obtain all information
related to City business, especially in regard to matters on the agenda which will have to be
voted upon by the Commission, and any information requested from City staff should be through
the City Manager, as required by Resolution 95-41 (copy attached). Historically, the agenda
packets are delivered to the Commissioners on the Thursday prior to a Monday meeting so that
all Commissioners can educate themselves on matters contained in the agenda packet prior to
the meeting Monday night. Therefore, staff members, engineers, consultants, and the like, who
have submitted reports or will be discussing matters before the Commission can be communi-
cated with through the City Manager. Obviously, the City Manager, City Clerk or City
Attorney, who are all charter officers working directly for the City Commission, can be
contacted directly. The purpose for disseminating information to the Commission is so that you
can be informed as much as possible prior to any meeting. It is very important that communica-
tion be through the City Manager since the City Manager, by charter, has the right to take part
in the discussion of all matters coming before the Commission. Article II, Sec. 20, of the
charter is also attached.
Hopefully, the above clarifies certain procedures which should be followed. If there are any
questions at all, please do not hesitate to contact me.
GOVERNMENT-IN-THE-SUNSHINE MANUAL
application of s. 286.011, F.S. As stated by the Supreme Court, the Sunshine Law is to be
meeting
construed "so as to frustrate all evasive devices." Town of Palm Beach v. Gradison, 296 So. 2d 286.011
473, 477 (Fla. 1974). the use
in discu
a. Written correspondence between board members taking p
The use of a written report by one commissioner to inform other commissioners of a subject Sin
which will be discussed at a public meeting is not a violation of the Sunshine Law if prior to the in the c
meeting there is no interaction related to the report among the commissioners. In such cases, the commis5
report, which is subject to disclosure under the Public Records Law, is not being used as a constitu
substitute for action at a public meeting as there is no interaction among the commissioners prior telephon
to the meeting. AGO 89-23. AGO 92
telephor
If, however, the report is circulated among board members for comments with such
comments being provided to other members, there is interaction among the board members which Sec
is subject to s. 286.011, F.S. AGO 90-03. See also, AGO 96-35, stating that a school board for state
member may prepare and circulate an informational memorandum or position paper to other board media to
members; however, the use of a memorandum to solicit comments from other board members or
the circulation of responsive memoranda by other board members would violate the Sunshine c. Use
1 Law.
The
Thus,if a memorandum reflecting the views of a board member on a pending board issue is While ti
circulated among the board members with each indicating his or her approval or disapproval and, business
upon completion of the signatures, the memorandum has the effect of becoming the official action themsek
of the board,there is a violation of the Sunshine Law. Inf. Op. to Honorable John Blair, June 29, also, A(
1973. October
the hard
Similarly, a board that is responsible for assessing the performance of its chief executive as long
officer(CEO)should conduct the review and appraisal process in a proceeding open to the public
as prescribed by s. 286.011,F.S., instead of using a review procedure in which individual board d. Delel
members evaluate the CEO's performance and send their individual written comments to the board
chairman for compilation and subsequent discussion with the CEO. AGO 93-90. However, The
meetings between individual school board members with the superintendent to discuss the on behal
individual board members' evaluations do not violate the Sunshine Law when such evaluations 286.011
do not become the board's evaluation until they are compiled and discussed at a public meeting delegate(
by the school board for adoption by the board. AGO 97-23. board mt
b. Telephone conversations and meetings
Ar
As discussed in this manual, the Sunshine Law applies to the deliberations and discussions appointe
between two or more members of a board or commission on some matter which foreseeably will of a cult
come before that board or commission for action. The use of a telephone to conduct such 84-54.
discussions does not remove the conversation from the requirements of s. 286.011, F.S. executiv;
Therefore, members of a board seeking to discuss board business or conduct a meeting of the entire be
board by telephone should ensure that the requirements of the Sunshine Law have been satisfied If a pers
by providing notice and access to the public. decision
provisio.
The Sunshine Law does not prohibit public boards or commissions from conducting their are subjc
business by telephone; it requires only that such discussions comply with the requirements of that
statute. Accordingly, this office has advised that a board may agree to allow an out-of-state An
member, who suffers from health problems. to participate in board meetings provided that the formal a(
34
RESOLUTION
95-41
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA CLARIFYING ITS POLICY ON THE ROLE OF
THE COMMISSION AND '111E CITY MANAGER.
WHEREAS, the City Commission, by the Charter, is responsible for setting the policy
for the City, and
WHEREAS, the City Manager, by the Charter, is responsible for implementing and
carrying out the policy of the City Commission,
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. The City Commission will set its policy or action only in the
form of a written ordinance or resolution.
SECTION 2. The City Manager will carry out the policy of the Commission.
SECTION 3. The City Manager may temporarily halt the carrying out the
Commission's policy, if in his opinion additional policy direction from the Commission
is needed. Upon doing so, the City Manager must then communicate forthwith with all
commissioners, in writing, the specific action taken, with an explanation thereof. The
City Manager will place his action on the next Agenda of the City Commission Meeting
or request a special meeting for discussion or action.
SECTION 4. No Commissioner will be involved in the administrative role of
carrying out the Commission's Policy. All direction to Staff will come from the City
Manager.
SECTION 5. All Commission communication to staff should be through the
City Manager.
SECTION 6. Information requests made of Staff by individual
Commissioners that require extensive time or limits Staff's time to prepare for
Commission Meetings, must be requested through the City Manager. All information
given to one Commissioner will be given to the other Commissioners.
Adopted by the City Commission of Atlantic Beach t th day of November, 1995
man T. Fletcher, Mayor/Presiding Officer
Approved as to form and correctness:
A1'1"tS ED:
4„
an C. Jes •n, City Attorney Maureen King, City Cler
CHARTER 22
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."
Ord. No. 28-93-3, § 1, 8-23-93)
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.
Ord. No. 28-93-3, § 1, 8-23-93)
Sec. 19. Independent annual audit.
At the beginning of each fiscal year the city commission shall designate a certified public
accountant or a firm of certified public accountants who, as of the end of the fiscal year, shall
make an independent audit of accounts and other evidences of financial transactions of the city
government and shall submit a written report to the city commission and to the city manager.
Such accountants shall have no personal interests, direct or indirect, in the fiscal affairs of the
city government or of any of its officers.They shall not maintain any accounts or records of city
business,but within specifications approved by the city commission, shall post-audit the books
and documents kept by the finance director and any separate or subordinate accounts kept by
any other office, department or agency of the city government.
Ord. No. 28-93-3, § 1, 8-23-93)
Sec. 20. Right 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.
Ord. No. 28-93-3, § 1, 8-23-93)
ARTICLE III.'1'HE CITY MANAGER
Sec. 21. Appointment.
The city manager shall be appointed in accordance with the provisions of Section 10 of this
Charter and shall be compensated at a rate set by the city commission.
Ord. No. 28-93-3, § 1, 8-23-93)
Sec. 22. Qualifications.
The city manager shall be chosen by the city commission solely on the basis of adminis-
trative qualifications and with special reference to education and experience in and knowledge
Supp. No. 14 7
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