No preview available

The URL can be used to link to this page

02-27-19 Board and Committee Training - Agenda - Pdf City of Atlantic Beach Agenda Board and Committee Training Wednesday, February 27, 2019 - 6:00 p.m. Commission Chamber City Hall, 800 Seminole Road Page CALL TO ORDER 1 WELCOME 2 PRESENTATIONS A. Sunshine Law 3 - 37 * Sunshine Law, Public Records and Ethics Presentation B. Public Records C. Ethics 39 - 54 Form 1_2018 Form 1F_2019 Form 8B Form 9 D. Overview of Duties and Obligations of Atlantic Beach Boards and Committees 55 - 66 Board/Committee Member Professional Development E. Robert's Rules of Order 67 - 78 3 QUESTIONS AND ANSWERS ADJOURNMENT Please note: This meeting will be live-streamed, videotaped and closed-captioned. The video recording will be posted within four business days on the City's website at www.coab.us. To access it, click on the Meeting Videos tab on the home page or contact the City Clerk at 247-5809 or dbartle@coab.us. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Cl Page 1 of 78 Page 2 of 78 Agenda Item #2A. 27 Feb 2019 Page 3 of 78 Agenda Item #2A. 27 Feb 2019 Page 4 of 78 Agenda Item #2A. 27 Feb 2019 Page 5 of 78 Agenda Item #2A. 27 Feb 2019 Page 6 of 78 Agenda Item #2A. 27 Feb 2019 Page 7 of 78 Agenda Item #2A. 27 Feb 2019 Page 8 of 78 Agenda Item #2A. 27 Feb 2019 Page 9 of 78 Agenda Item #2A. 27 Feb 2019 Page 10 of 78 Agenda Item #2A. 27 Feb 2019 Page 11 of 78 Agenda Item #2A. 27 Feb 2019 Page 12 of 78 Agenda Item #2A. 27 Feb 2019 Page 13 of 78 Agenda Item #2A. 27 Feb 2019 Page 14 of 78 Agenda Item #2A. 27 Feb 2019 Page 15 of 78 Agenda Item #2A. 27 Feb 2019 Page 16 of 78 Agenda Item #2A. 27 Feb 2019 Page 17 of 78 Agenda Item #2A. 27 Feb 2019 Page 18 of 78 Agenda Item #2A. 27 Feb 2019 Page 19 of 78 Agenda Item #2A. 27 Feb 2019 Page 20 of 78 Agenda Item #2A. 27 Feb 2019 Page 21 of 78 Agenda Item #2A. 27 Feb 2019 Page 22 of 78 Agenda Item #2A. 27 Feb 2019 Page 23 of 78 Agenda Item #2A. 27 Feb 2019 Page 24 of 78 Agenda Item #2A. 27 Feb 2019 Page 25 of 78 Agenda Item #2A. 27 Feb 2019 Page 26 of 78 Agenda Item #2A. 27 Feb 2019 Page 27 of 78 Agenda Item #2A. 27 Feb 2019 Page 28 of 78 Agenda Item #2A. 27 Feb 2019 Page 29 of 78 Agenda Item #2A. 27 Feb 2019 Page 30 of 78 Agenda Item #2A. 27 Feb 2019 Page 31 of 78 Agenda Item #2A. 27 Feb 2019 Page 32 of 78 Agenda Item #2A. 27 Feb 2019 Page 33 of 78 Agenda Item #2A. 27 Feb 2019 Page 34 of 78 Agenda Item #2A. 27 Feb 2019 Page 35 of 78 Agenda Item #2A. 27 Feb 2019 Page 36 of 78 Agenda Item #2A. 27 Feb 2019 Page 37 of 78 Page 38 of 78 Agenda Item #2C. 27 Feb 2019 Page 39 of 78 Agenda Item #2C. 27 Feb 2019 Candidates Local officers/employees Initially within 30 days Candidates State officers specified state employees Thereafter Finally Page 40 of 78 Agenda Item #2C. 27 Feb 2019 Page 45 of 78 Agenda Item #2C. 27 Feb 2019 State officers specified state employees Local officers Page 46 of 78 Agenda Item #2C. 27 Feb 2019 Page 47 of 78 Agenda Item #2C. 27 Feb 2019 IF YOU HAVE CHOSEN DOLLAR VALUE THRESHOLDS THE FOLLOWING INSTRUCTIONS APPLY and, contained in Page 48 of 78 Agenda Item #2C. 27 Feb 2019 IF YOU HAVE CHOSEN COMPARATIVE (PERCENTAGE) THRESHOLDS THE FOLLOWING INSTRUCTIONS APPLY notunless and, and, Page 49 of 78 Agenda Item #2C. 27 Feb 2019 contained in Page 50 of 78 Agenda Item #2C. 27 Feb 2019 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAMENAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE MAILING ADDRESSTHE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: CITY COUNTY OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED MY POSITION IS: ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a “relative” includes only the officer’s father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A “business associate” means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. * * * * * * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B - EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. Page 51 of 78 Agenda Item #2C. 27 Feb 2019 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, _________________________________________, hereby disclose that on ______________________________________, 20 ____: (a) A measure came or will come before my agency which (check one or more) ___ inured to my special private gain or loss; ___ inured to the special gain or loss of my business associate, _______________________________________________________; ___ inured to the special gain or loss of my relative,_________________________________________________________________; ___ inured to the special gain or loss of ________________________________________________________________________, by whom I am retained; or ___ inured to the special gain or loss of _____________________________________________________________________, which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. ___________________________________________________ _______________________________________________ Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. Page 52 of 78 Agenda Item #2C. 27 Feb 2019 QUARTERLY GIFT DISCLOSURE Form 9 (GIFTS OVER $100) LAST NAME -- FIRST NAME -- MIDDLE NAME:NAME OF AGENCY: MAILING ADDRESS:OFFICE OR POSITION HELD: CITY: ZIP: COUNTY:FOR QUARTER ENDING (CHECK ONE): YEAR MARCHJUNESEPTEMBER DECEMBER 20___ PART A –– STATEMENT OF GIFTS Please list below each gift, the value of which you believe to exceed $100, accepted by you during the calendar quarter for which this statement is beingﬁ led. You are required to describe the gift and state the monetary value of the gift, the name and address of the person making the gift, and the date(s) the gift was received. If any of these facts, other than the gift description, are unknown or not applicable, you should so state on the form. As explained more fully in the instructions on the reverse side of the form, you are not required to disclose gifts from relatives or certain other gifts. You are not required to ﬁ le this statement for any calendar quarter during which you did not receive a reportable gift. DATEDESCRIPTIONMONETARY NAME OF PERSON ADDRESS OF PERSON RECEIVEDOF GIFTVALUEMAKING THE GIFTMAKING THE GIFT CHECK HERE IF CONTINUED ON SEPARATE SHEET PART B –– RECEIPT PROVIDED BY PERSON MAKING THE GIFT If any receipt for a gift listed above was provided to you by the person making the gift, you are required to attach a copy of that receipt to this form. You may attach an explanation of any differences between the information disclosed on this form and the information on the receipt. CHECK HERE IF A RECEIPT IS ATTACHED TO THIS FORM PART C –– OATH I, the person whose name appears at the beginning of this form, do STATE OF FLORIDA COUNTY OF _______________________________ depose on oath or afﬁ rmation and say that the information disclosed Sworn to (or afﬁ rmed) and subscribed before me this _______________ day of ______________________, 20____________ herein and on any attachments made by me constitutes a true accurate, by _______________________________________________________ and total listing of all gifts required to be reported by Section 112.3148, __________________________________________________________ Florida Statutes.(Signature of Notary Public-State of Florida) __________________________________________________________ _________________________________________(Print, Type, or Stamp Commissioned Name of Notary Public) SIGNATURE OF REPORTING OFFICIALPersonally Known _______ OR Produced Identiﬁ cation Type of Identiﬁ cation Produced _________________________________ PART D –– FILING INSTRUCTIONS This form, when duly signed and notarized, must be ﬁ led with the Commission on Ethics, P.O. Drawer 15709, Tallahassee, Florida 32317-5709; physi- cal address: 325 John Knox Road, Building E, Suite 200, Tallahassee, Florida 32303. The form must be ﬁ led no later than the last day of the calendar quarter that follows the calendar quarter for which this form is ﬁ led (For example, if a gift is received in March, it should be disclosed by June 30.) CE FORM 9 - EFF. 1/2007 (Refer to Rule 34-7.010(1)(g), F.A.C.)(Rev. 6/2016) (See reverse side for instructions) Page 53 of 78 Agenda Item #2C. 27 Feb 2019 PART E –– INSTRUCTIONS flowers, or floral arrangements; services provided by persons pursuant WHO MUST FILE THIS FORM? to a professional license or certificate; other personal services for • Any individual, including a candidate upon qualifying, who is required which a fee is normally charged by the person providing the services; by law to file full and public disclosure of his financial interests on and any other similar service or thing having an attributable value and Commission on Ethics Form 6, except Judges. (See Form 6 for a list of not already described. persons required to file that form.) • The following are NOTreportable as gifts on this form: salary, benefits, • Any individual, including a candidate upon qualifying, who is required services, fees, commissions, gifts, or expenses associated primarily by law to file a statement of financial interests on Commission on Ethics with your employment, business, or service as an officer or director of Form 1. (See Form 1 for a list of persons required to file that form.) a corporation or organization; contributions or expenditures reported • Any procurement employee of the executive branch or judicial branch of pursuant to the election laws, campaign-related personal services provided without compensation by individuals volunteering their time, or state government. This includes any employee of an officer, department, any other contribution or expenditure by a political party; an honorarium board, commission, council, or agency of the executive branch or judicial or an expense related to an honorarium event paid to you or your branch of state government who has participated in the preceding 12 spouse; an award, plaque, certificate, or similar personalized item given months through decision, approval, disapproval, recommendation, in recognition of your public, civic, charitable, or professional service; an preparation of any part of a purchase request, influencing the content honorary membership in a service or fraternal organization presented of any specification or procurement standard, rendering of advice, merely as a courtesy by such organization; the use of a governmental investigation, or auditing or in any other advisory capacity in the agency’s public facility or public property for a public purpose. Also procurement of contractual services or commodities as defined in s. exempted are some gifts from state, regional, and national organizations 287.012, F.S., if the cost of such services or commodities exceeds or is that promote the exchange of ideas between, or the professional expected to exceed $10,000 in any fiscal year. development of, governmental officials or employees. NOTE: Gifts that formerly were allowed under Section 112.3148, HOW DO I DETERMINE THE VALUE OF A F.S., now may be prohibited under Sections 11.045, 112.3215, and 112.31485, F.S. GIFT? WHAT GIFTS ARE REPORTABLE? • The value of a gift provided to you is determined using the actual cost to the donor, and, with respect to personal services provided by the donor, • Any gift (as defined below) you received which you believe to be in the reasonable and customary charge regularly charged for such service excess of $100 in value, EXCEPT: in the community in which the service is provided. Taxes and gratuities 1) Gifts from the following RELATIVES: father, mother, son, daughter, are not included in valuing a gift. If additional expenses are required as brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, a condition precedent to the donor’s eligibility to purchase or provide a father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in- gift and the expenses are primarily for the benefit of the donor or are of a law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, charitable nature, the expenses are not included in determining the value stepbrother, stepsister, half brother, half sister, grandparent, great of the gift. grandparent, grandchild, great grandchild, step grandparent, step • Compensation provided by you to the donor within 90 days of receiving great grandparent, step grandchild, step great grandchild, a person the gift shall be deducted from the value of the gift in determining the who is engaged to be married to you or who otherwise holds himself value of the gift. or herself out as or is generally known as the person whom you intend to marry or with whom you intend to form a household, or any other • If the actual gift value attributable to individual participants at an event natural person having the same legal residence as you. cannot be determined, the total costs should be prorated among all invited persons. A gift given to several persons may be attributed among 2) Gifts which you are prohibited from accepting by Sections 112.313(4) all of them on a pro rata basis. Food, beverages, entertainment, etc., and 112.3148(4), Florida Statutes. These include any gift which you provided at a function for more than ten people should be valued by know or, with the exercise of reasonable care, should know was dividing the total costs by the number of persons invited, unless the items given to influence a vote or other action in which you are expected are purchased on a per-person basis, in which case the per-person cost to participate in your official capacity; it also includes a gift worth should be used. over $100 from a vendor doing business with your agency, a political committee under the elections law, from a lobbyist who lobbies your • Transportation should be valued on a round-trip basis unless only one- agency or who lobbied your agency within the past 12 months, or from way transportation is provided. Round-trip transportation expenses a partner, firm, employer, or principal of such a lobbyist. should be considered a single gift. Transportation provided in a private conveyance should be given the same value as transportation provided 3) Gifts worth over $100 for which there is a public purpose, given to in a comparable commercial conveyance. you by an entity of the legislative or judicial branch, a department or commission of the executive branch, a water management • Lodging provided on consecutive days should be considered a single district created pursuant to s. 373.069, South Florida Regional gift. Lodging in a private residence should be valued at $44 per night. Transportation Authority, a county, a municipality, an airport authority, • Food and beverages consumed at a single sitting or event are a single or a school board; or a gift worth over $100 given to you by a direct- gift valued for that sitting or meal. Other food and beverages provided support organization specifically authorized by law to support the on a calendar day are considered a single gift, with the total value of all governmental agency of which you are an officer or employee. These food and beverages provided on that date being the value of the gift. gifts must be disclosed on Form 10. • Membership dues paid to the same organization during any 12-month • A “gift” is defined to mean that which is accepted by you or by another period are considered a single gift. in your behalf, or that which is paid or given to another for or on behalf •Entrance fees, admission fees, or tickets are valued on the face value of of you, directly, indirectly, or in trust for your benefit or by any other the ticket or fee, or on a daily or per event basis, whichever is greater. If means, for which equal or greater consideration is not given within an admission ticket is given by a charitable organization, its value does not 90 days after receipt of the gift. A “gift” includes real property; the use include the portion of the cost that represents a contribution to that charity. of real property; tangible or intangible personal property; the use of tangible or intangible personal property; a preferential rate or terms • Except as otherwise provided, a gift should be valued on a per on a debt, loan, goods, or services, which rate is below the customary occurrence basis. rate and is not either a government rate available to all other similarly FOR MORE INFORMATION situated government employees or officials or a rate which is available The gift disclosures made on this form are required by Sec. 112.3148, to similarly situated members of the public by virtue of occupation, Florida Statutes. Questions may be addressed to the Commission affiliation, age, religion, sex, or national origin; forgiveness of an on Ethics, P.O. Drawer 15709, Tallahassee, Florida 32317-5709 or by indebtedness; transportation (unless provided to you by an agency calling (850) 488-7864; information is provided at: www.ethics.state.fl.us. in relation to officially approved governmental business), lodging, or parking; food or beverage; membership dues; entrance fees, admission fees or tickets to events, performances, or facilities; plants, CE FORM 9 - EFF. 1/2007 (Refer to Rule 34-7.010(1)(g), F.A.C.)(Rev. 6/2016) Page 54 of 78 Agenda Item #2D. 27 Feb 2019 Page 55 of 78 Agenda Item #2D. 27 Feb 2019 Page 56 of 78 Agenda Item #2D. 27 Feb 2019 Page 57 of 78 Agenda Item #2D. 27 Feb 2019 Page 58 of 78 Agenda Item #2D. 27 Feb 2019 Page 59 of 78 Agenda Item #2D. 27 Feb 2019 Page 60 of 78 Agenda Item #2D. 27 Feb 2019 Page 61 of 78 Agenda Item #2D. 27 Feb 2019 Page 62 of 78 Agenda Item #2D. 27 Feb 2019 Page 63 of 78 Agenda Item #2D. 27 Feb 2019 Page 64 of 78 Agenda Item #2D. 27 Feb 2019 Page 65 of 78 Agenda Item #2D. 27 Feb 2019 Page 66 of 78 Agenda Item #2E. 27 Feb 2019 Page 67 of 78 Agenda Item #2E. 27 Feb 2019 Page 68 of 78 Agenda Item #2E. 27 Feb 2019 Page 69 of 78 Agenda Item #2E. 27 Feb 2019 Page 70 of 78 Agenda Item #2E. 27 Feb 2019 Page 71 of 78 Agenda Item #2E. 27 Feb 2019 Page 72 of 78 Agenda Item #2E. 27 Feb 2019 Page 73 of 78 Agenda Item #2E. 27 Feb 2019 Page 74 of 78 Agenda Item #2E. 27 Feb 2019 Page 75 of 78 Agenda Item #2E. 27 Feb 2019 Page 76 of 78 Agenda Item #2E. 27 Feb 2019 Page 77 of 78 Agenda Item #2E. 27 Feb 2019 Page 78 of 78