05-04-21 Board and Committee Training adopted minutesr =
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Board and Committee Trainingl\,y s.Tuesday, May 4, 2021 - 6:00 PM
e%,,,72 - Commission Chamber (In-person and Virtually)
ATTENDANCE:
Members Present:
In-person: Brittany Norris, Commissioner/ BMRC Chair
Brian Major, CDB
Richard Schooling, CDB
Jeff Haynie, CDB
Troy Stephens, CDB
Virtual: Kenneth Reeves, BMRC
James Moyer, CDB
Jennifer Lagner, CDB
An Oskarsson, CARAC
Jane Stevens, CARAC
Mauricio Gonzalez, CARAC
Bruce Andrews, ESC
Mark Gabrynowicz, ESC Chair
Barbie Brooksher, ESC
Daniele Giovannucci, ESC Vice Chair
Linda Chipperfield, ESC
Romy Vann, ESC
Sarah Andrews Dark, ESC
Robert (Bob) Liggero, P-PBOT Chair
Ray Brandstaetter, G-PBOT Chair
Rob Miller, G-PBOT
Ed Peck, P-PBOT
Tim Anderson, P-PBOT
Staff Present:
In-person: Brenna Durden, City Attorney (CA)
Donna Bartle, City Clerk (CC)
Lori Diaz, Deputy City Clerk (DCC)
Kim Flower, Records Clerk (RC)
Virtual: Amanda Askew, Planning and Community Development Director(PCDD)
CALL TO ORDER
The meeting was called to order at 6:00 p.m.
1 WELCOME
Commissioner Norris welcomed everyone and introduced attendees.
Miscellaneous Public Meeting
May 4,2021
2 TRAINING TOPICS
City Attorney (CA) Durden referred to her slide show(which is attached hereto and made part
of this official record as ATTACHMENT A) as she explained and answered questions on the
following topics.
Definition of a meeting for purposes of the Sunshine Law
The Three Basic Requirements of the Sunshine Law
Penalties for Violating Sunshine Laws
The definition of"Public Record"
Public Records Law
What must be done with a public record when received
Retention Requirements
Electronic Communications
Violations of Public Records Law
Ethics for Public Officers/Officials
Solicitation or acceptance of gifts
Unauthorized compensation
Misuse of public position
Disclosure or use of certain information
Doing business with one's own agency
Conflicting employment or contractual relationship
Voting conflicts (Form 8B)
Nepotism
Financial Disclosure (Form 1)
ATTACHMENT A - 5-4-21 Presentation by Brenna Durden
CC Donna Bartle spoke about the mobile file that is kept in the Commission Chamber which
contains copies of forms, Sunshine Manual, and membership lists and asked that members let
her know if there is anything they would like added to have on hand for members.
CLOSING COMMENTS
Commissioner Norris encouraged everyone to review the information in the agenda packet
which contains a robust list of resources and forms pulled together by the city clerk. She noted
the usefulness of the Robert's Rules Cheat Sheet. She expressed the importance of boards and
committees, keeping citizens involved, and properly educating on these laws for everyone's
protection. Commissioner Norris thanked everyone for coming.
ADJOURNMENT
The meeting adjourned at 7:30 p.m.
Attest: 7
a<givrta, Veda/a&
Donna L. Bartle, City Clerk Ellen Glasser, Mayor
Date Approved: Ill 12, 1
Miscellaneous Public Meeting
May 4,2021
ATTACHMENT A
5-4-21 Minutes
Sunshine Law, Public Records and
Ethics for Atlantic Beach Board
and Committ ee Members
Brenna M . Durden , City Attorney
May 4, 2021
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ATTACHMENT A
5-4-21 Minutes
A "meeting" for purposes of the
Sunshine Law happens when :
a ) A Board member gives a speech about issues?
b) The City Manager discusses Board business with a
Board member?
c) Two or more Board members have a phone call to
discuss matters that may come before Board ?
d ) Two or more Board members attend a FLC
meeting in Tallahassee?
2
ATTACHMENT A
The Three Basic Requirements of
5-4-21 Minutes
the Sunshine Law
a ) All board meetings must
be open to the public
b) Reasonable notice of a
meeting must be given
c) Minutes of meeting must
be taken and promptly
recorded
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ATTACHMENT A
5-4-21 Minutes
A "meeting" for Sunshine Law
purposes can occur
a ) Via email ?
b) Via text message?
c) In the ladies room/men's room ?
d ) Through whispers at noticed board meeting?
e) All of the above ?
ATTACHMENT A
5-4-21 Minutes
Would a Sunshine Law problem
be caused by:
a ) Board Member A asking the Planning Director
about his conversation with Board Member B on
an upcoming agenda item ?
b) Committee Member A asking the City Attorney
what Board Member B thinks about an upcoming
purchase of police vehicles?
c) Committee Member A asking a City Commissioner
how Committee Member B feels about the tree
ordinance?
ATTACHMENT A
5-4-21 Minutes
Under some circumstances a meeting of a city
staff ( no Committee or Board Members present)
can be subject to the Sunshine Law.
a ) True
b) False
ATTACHMENT A
5-4-21 Minutes
Under some circumstances a meeting of one
Board Member could be subject to Sunshine
Law requirements .
a ) True
b) False
ATTACHMENT A
5-4-21 Minutes
Do I have a Sunshine Law issue when I :
a ) Send an email to another Board Member (on the
same Board as me) and ask them to respond or
react to the information sent?
b) Send an informational email to a fellow
Committee Member specifically asking recipient
not to respond ?
c) Forward an email to a fellow Board Member that
says unless you forward this email to at least 10
people in the next 24 hours you will be swarmed
by locusts?
ATTACHMENT A
5-4-21 Minutes
Transparency for Florida vs . City of Port St. Lucie
240 So. 3d 780 ( Fla . 4th DCA 2018)
Super Bowl Sunday - 2013
Councilman Bowen calls City Attorney — asks him to
determine whether other Council members are
interested in terminating City Manager. Bowen also
speaks to Mayor.
City Attorney calls two Council members — they
won't talk about it with him outside of public
meeting.
City Attorney calls Councilman Bowen back to report
no support for firing, but also calls City Manager to
suggest" he resign with severance package .
ATTACHMENT A
5-4-21 Minutes
Transparency for Florida vs . City of Port St. Lucie
In anticipation of reaching agreement, 3 notices are
prepared for a 9 :00 a . m . meeting of Council
scheduled for , Thursday February 7 :
1. Hand written notice posted in City Hall on
February 6 ( 21 hours before meeting) — "Special
Meeting for Removal of City Manager"
2 . Revised posted notice on February 6 (an hour
later) — "Discussion of Separation Agreement with
City Manager" or "Cancellation of City Manager's
Employment Agreement"
3 . Third posted notice — only lists "Discussion of
Separation Agreement"
ATTACHMENT A
5-4-21 Minutes •
Transparency for Florida vs . Cityof Port St. Luciepv
Two Council Members tell City Attorney they don't
want any discussion or debate on agreement — no
line by line description of terms of and reasons for
agreement
ATTACHMENT A
5-4-21 Minutes
Transparency for Florida vs . City of Port St. Lucie
February 7 - meeting starts at 9 :00 a . m .
Meeting immediately recesses so City Attorney can
work out more changes to agreement
One hour later, meeting reconvenes
Separation agreement is approved unanimously
with little discussion . No copies are provided to the
public
ATTACHMENT A
5;4-21Minutes
Transparency for Florida vs . Cityof Port St. Lucie
Discussion
At what points did meeting(s) occur here?
Were matters likely to come before City Council
discussed ?
Were meeting(s) noticed beforehand ?
Was notice given for February 7 meeting adequate?
Are there any public records act issues raised here?
ATTACHMENT A
5-4-21 Minutes
Transparency for Florida vs. City of Port St. Lucie
Law must be construed "so as to frustrate all evasive
devices"
This can be accomplished by embracing the collective
inquiry and discussion stages within the terms of the
statute
Sunshine Law violation cannot be "cured" by a
perfunctory ratification of action taken outside of
the sunshine
ATTACHMENT
5-4-21 MinuteAs
Penalties for Violating Sunshine Law
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Knowing Violation
Second Degree Misdemeanor
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500 fine and/or
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60 days in County Jail o
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All Other violations (unknowing
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500non-criminalfine
Attorney fees for Complaining
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ATTACHMENT A
5-4-21 Minutes
Public Record"
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119.011(12)Public records”
means all documents, papers,
letters,maps,books,tapes,
photographs, films, sound
recordings, data processing
software,or other material
regardless of the physical form,
characteristics,or means of
transmission, made or received
pursuant to law or ordinance or in
connection with the transaction of a "- — - ---.. -
official business by any agency.
Florida courts have interpreted the
above to include all materials made
or received by an agency in
connection with official business
which are used to perpetuate,
communicate or formalize
knowledge.
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ATTACHMENT A
5-4-21 Minutes
What is a " Public Record" under
Chapter 119, Florida Statutes ?
a ) Any vinyl, non-digital recording by the Beatles?
b) All photographs on a Board Member's cell phone?
c) Any document or other item, regardless of physical
form, that is received in connection with
transaction of official business by you or the City?
d ) Social media (text, instagram, blogs, twitter) ?
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ATTACHMENT A
5-4-21 Minutes
Public Records Law
Chapter 119, Florida Statutes
1) It is theolic of this stateNv
that all state, county and
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personal inspection and
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copying by any person .
Providing access to public
records is a duty of each
agency.
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ATTACHMENT A
5-4-21 Minutes
What must be done with a public
record when received ?
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a ) Delete it immediately?
b) Run it through a shredder?
c) Send it to the Library of Congress?
d ) Make sure it is retained and is available for
viewing by the public upon request?
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ATTACHMENT A
5-4-21 Minutes
Retention Requirements
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All public records must be retained in accordance
with a retention schedule adopted by the agency,
which must be consistent with the schedules
established by the Division of Library and Information
Services.
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ATTACHMENT A
5-4-21 Minutes
Electronic Communications
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Records Retention case:
SDE Media v. City of Doral and Daniel Esposito, City Attorney,
25 F. L.W.Supp 243a ( Fla . 11th Cir. Ct. May 5, 2017) (online at
myfloridalegal .com ). City violated public records law "by
failing to maintain electronic communications [which were
located on city officials' private cellphones] in a manner that
prevents their accidental destruction or deletion by individual
city officials." The Court ordered the defendants to require all
City Officials or employees who use electronic devices to
communicate regarding matters of official business to conduct
those communications only on devices that record those
communications onto servers directly accessible by the City's
Public Records Custodian .
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ATTACHMENT A
5-4-21 Minutes
Violations of Public Records Law
Knowing Violation
First Degree misdemeanor A.
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Up to one year in jail
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Up to $1,000 fine
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Other Violation (non-knowing)
Up to $500 non-criminal fine
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Payment of Attorneys' Fees
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ATTACHMENT A
5-4-21 Minutes
Ethics
According to Article III, Section 8, Florida
Constitution, service in Public Office is which of the
following :
a ) A good thing on your resume?
b) A chance to make some real money?
c) A public trust?
d ) Easy work if you can get it?
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ATTACHMENT A
5-4-21 Minutes
Ethics for Public Officers
Art . III , Sec . 8, FIa . Constitution
A public office is a public trust. The
people have the right to secure and
sustain that trust against9'nst abuse. "
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ATTACHMENT A
5-4-21 Minutes
Sec . 112 . 311 ( 1 ), Ha . Stat .
1) It is essential to proper conduct and operation of
government that public officials be independent and
impartial and that public office not be used for
private gain other than the remuneration provided
by law. The public interest, therefore, requires that
the law protect against any conflict of interest and
establish standards for the conduct of elected officials
and government employees in situations where
conflicts may exist.
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ATTACHMENT A
Conduct Covered in Part III of Chapter 112,521Mtes
Fla . Stat.
Solicitation or acceptance of gifts
Unauthorized compensation
Misuse of public position
Disclosure or use of certain information
Doing business with one's own agency
Conflicting employment or contractual relationship
Voting conflicts ( Form 8B)
Nepotism
Financial disclosure ( Form 1)
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ATTACHMENT A
5-4-21 Minutes
Ethics — Section 112 . 313 ( 2 ), F. S .
Gifts
Regarding asking for or receiving items of value from a third
party, which statements are true? A Board or Committee
Member:
a) Is entitled to get as much as they can while in office?
b) May not accept anything of value if given for purpose of
influencing judgment or vote?
c) Can take gifts intended to influence vote as long as Board
of Committee Member doesn't ask for it?
d) May not ask for anything of value if purpose is to influence
judgment or vote?
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ATTACHMENT A
5-4-21 Minutes
Ethics — Section 112 . 313 ( 2 ), F. S .
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Regarding acceptance of compensation or items of
value offered by a third party, which statements are
true? A Board or Committee Member:
a ) Can take it as long as it goes through Board or
Committee Member's spouse?
b) Can take it as long as nobody finds out about it?
c) Cannot take it if Board or Committee Member
knows or should have known it is given to
influence his/her vote or other action related to
office?
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ATTACHMENT A
5-4-21 Minutes
Gifts — Section 112 . 3148, F. S .
Which of the following "gifts" may be accepted if
properly reported ?
a ) A gift I requested from a vendor or lobbyist at my
agency?
b) A Cadillac Escalade?
c) A gift worth more than $ 100.00 from a vendor or
lobbyist at my agency that I didn't ask for?
d ) None of the above?
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ATTACHMENT A
5-4-21 Minutes
Section 112 . 313, F. S .
Scenario I
My business sells/rents uniforms and I want the City
as a customer. I can or cannot do which of the
following :
a ) Make a deal directly with the agency's City
Manager
b) Contract to sell goods or services to the City
c) Sell goods or services to the City through a sealed
competitive bid process provided I have no hand
in developing bid specs
Disclosure — Form 3A
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ATTACHMENT A
5-4-21 Minutes
Section 112 . 3148, F. S .
Scenario II
Being a Board or
Committee Member allows
me to :
a ) Get out of traffic tickets
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b) Get free use of the
Adele Grage Center
c) Intimidate staff
members
d ) Avoid paying tolls on
state toll roads
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e) None of the above
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ATTACHMENT A
5-4-21 Minutes
Scenario III
My husband Walter just loves to play
golf-he'd rather play golf than eat. As
good fortune would have it, George - the
owner of land in the City - has invited
him on an all-expenses-paid weekend of
golf at Arnold Palmer's Bay Hill Club in
Orlando. He even gave him a brand new
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set of irons to play with and let him keep
them ! The timing is kind of crazy because I
George wants to rezone his land where I
serve as CDB Chair. George even called 41111r 1;
1,me to say "don't forget who is taking care
of your old man's golfing needs."
It's okay for my Walter to have a little fun
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with George paying the tab-isn't it?
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ATTACHMENT A
Scenario a variation on the p
revious5-4-21 Minutes
scenario regarding Waltergg
Assume the prior set of facts, but change it to say that instead of
George "offering" to give the trip and the golf clubs to Walter,
the board chair "asks" George to provide the trip and the golf
clubs to Walter.
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ATTACHMENT A
5-4-21 Minutes
Scenario IV
My son-in-law is the sole owner of a
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cleaning service business. He made a
a proposal to do the cleaning service for
Ogk, the community centers in the City, for
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committee member. The staff has
negotiated a contract with his firm,
i which is coming up for a vote on our
agenda next week. I had nothing to doilt '
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When this comes up for a vote, what
should I do?
Disclosure — Form 4A W
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Thank You
Brenna M . Durden, City Attorney
Lewis, Longman & Walker, P.A .
904) 353-6410
LEWIS
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