12-05-22 Commission Workshop AgendaCity of Atlantic Beach
Agenda
Commission Workshop
Monday, December 5, 2022 - 6:00 p.m.
Commission Chamber
City Hall, 800 Seminole Road
Page(s)
CALL TO ORDER
1. TOPICS
1.A.
1.B.
AB City Charter
Article I: Incorporation: Form of Government: Powers
Article II: The Commission
Regular meetings
Workshops (i.e. Priority Setting/Visioning, Budget, Projects, etc.)
Town Halls
Special Called meetings (i.e. Appeals, Waivers, Emergencies, etc.)
AB Code Sec. 2-16 - Time and place of regular meetings
AB Resolution No. 13-08 - Town Hall meetings
AB Code Sec. 2-17.- Calling special meetings
1.C. Scheduling/Calendar
1.D. Agendas
2023 Agenda Deadlines
1.E. Invocation Schedule
1.F. Meeting Rules
AB Code Sec. 2-19. Rules of conduct and procedure at meetings
1.G.
Process for Public Comments
Courtesy of the Floor
Public Hearings
Speaker Request Card
1.H. Use of City Email
1.1. Board/Committee Liaison Assignments and BMRC Chair Appointment
1.J. Training
Code of Ethics, Public Records, Public Meetings (Sunshine Law)
Institute of Elected Municipal Officials - Florida League of Cities (FLC1
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Commission Workshop - 05 Dec 2022
1.K.
F.S. 112.3142 Ethics training for specified constitutional officers, elected
municipal officers, and commissioners
Civility Pledge
Civility Pledge
1.L. Vision, Mission and Values Statements
Vision Statement and Mission and Values Statements
1.M. Establishing Priorities
AB Commission Priorities est. Ian. 25. 2022: adopted by resolution Feb. 28. 2022
1.N.
Commission -Manager Form of Government
City of AB Certificate of Recognition (Florida City & County Management
Association)
International Citv/Countv Management Association Q&A
1.0. Resources
International Citv-Countv Management Association publication: Making it
Work: The Essentials of Council -Manager Relations
2022 Orientation Handbook for Elected Officials
1.P. Miscellaneous
3-109
2. PUBLIC COMMENT
ADJOURNMENT
This meeting will be live -streamed and videotaped. To access live or recorded videos, visit
www.coab.us /live.
Any person wishing to speak to the City Commission on any matter at this meeting should submit
a request to the City Clerk. For your convenience, forms for this purpose are available at the
entrance to the Commission Chamber.
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 Clerk's Office by 5:00 PM, the Friday prior to the meeting.
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City of Atlantic Beach
2022 Orientation Handbook for Elected
Officials
November 2022
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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
Attachment: 2023 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: CM Shane Corbin - Contract -Resolution No. 19-57
Attachment: CC Donna (Bussev) Bartle - Contract Amd. -Resolution No. 08-15
Attachment: CC Donna (Bussev) Bartle - Contract -Resolution No. 04-12
Attachment: CA Jason Gabriel - Contract -Resolution No. 22-85
1D. DEPARTMENTS
Attachment: FY23 Organizational Chart
Attachment: Purpose and key obiectives
Attachment: Department Head Telephone Listing
5-8
9-22
23 - 47
49 - 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 (G-PBOT)
• Police Officers' Pension Board of Trustees (P-PBOT)
Online Application Form
Attachment: Board Committee Quick Comparison Table
Attachment: Resolution No. 21-16 - Mandatory Training
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2022 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. Chanter 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)
• Chanter 112. Part III. Florida Statutes (Code of Ethics for Public
Officers and Employees)
• Chanter 119 (Public Records)
• Chanter 286 (Public Meetings/Sunshine Law)
Attachment: Guide to the Sunshine Amendment and Code of Ethics 2022
1G. MISCELLANEOUS
Attachment: Commission Salary and 2023 Pay Dates
Attachment: Commission and Charter Officers Contact List
Attachment: Priorities 2022
Attachment: 2023 Holiday Dates Observed
1H. LINKS TO OTHER RESOURCES
City of Atlantic Beach:
• AB Charter
• AB 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 2022
State Websites:
MvFlorida.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
Florida Supreme Court
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71-99
101- 107
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2022 Orientation Handbook for Elected Officials
Division of Elections
Florida Department of Revenue
• Truth in Millage (TRIMt
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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
• Holds collective power
over administration
• Decides policies and
creates ordinances
May have veto power • Decides city policies, but
over council has no administrative
Has executive power to power
carry out policies
Prepares budget, makes
appointments and
manages daily operations
Acts as ceremonial head
of government
Presides over
commission meetings
Commissioners serve
collectively as the policy-
making board and
individually as heads of
the principal
departments
• Not present in this form
• Not present in this form
• Not present in this form
• Acts as ceremonial head • Decides policies and Appointed by a majority
of government creates ordinances of the council
• Presides over council • Fully responsible for
meetings administration
• Has little, if any, role in • Responsible for
day-to-day preparing a budget and
administration the administration of the
budget
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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. 5)
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."
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• (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 ofa 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 unanimous vote of the entire city commission."
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Agenda Item #1B.
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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.
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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)
❑ Atlantic Beach Resident ❑ Atlantic Beach Property Owner ❑ Atlantic Beach Business Owner
PLEASE COMPLETE AND CHECK ALL THAT APPLY:
❑ I wish to address the Commission during Courtesy of the Floor on:
o Agenda Item No.
and/or
❑ Topic not on the agenda:
❑ I wish to address the Commission during the Public Hearing for Agenda Item No.
❑ I am in support of the above agenda item. ❑ I am opposed to the above agenda item.
❑ I do not wish to address the Commission, but I am in support of agenda item
o I do not wish to address the Commission, but I am opposed to agenda item
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Agenda Item #1B.
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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.
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(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, 'Roberts 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
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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."
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Agenda Item #1B.
30 Nov 2022
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 passaEe 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."
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Agenda Item #1.0.
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Agenda Item #1B.
30 Nov 2022
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 of the city for at least two years
immediately prior to qualifying. They shall be electors in the city. 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."
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DEADLINES FOR 2023 AGENDAS
2023 Commission
Date Draft Agenda Items
City Manaeer City Clerk Deadline for
Deadline to provide Publishine and
items to Distributing Draft Agenda
Final Agenda Items are
Final
(Wed
Deadline fo
submit to
City Clerk
distribute
are Due
Due to City Manager
Meeting Date
to City Manager
for his review
(Monday at 6:30 p.m.,
unless Monday falls on
a holiday)
for his review
City Clerk for (Friday by 5 p.m.), but
Draft Agenda usually published on the
Thursday before.
(Thursday by 9 a.m.)
December 29 December 30
January 12 January 13
February 2 February 3
February 16 February 17
March 2 March 3
March 16 March 17
March 30 March 31
April 13 April 14
April 27 April 28
May 11 May 12
June 1 June 2
June 15 June 16
June 29 June 30
July 13 July 14
August 3 August 4
August 17 August 18
August 31 September 1
September 14 September 15
September 28 September 29
October 12 October 13
November 2 November 3
November 16 November 17
November 30 December 1
(Tuesday by 4 p.m.)
(Wednesday by Noon)
January 9
December 28
January 3
Jan
Janu
Febi
Febn
Ma
Mai
Al
Ap
M
M:
Ju
Jul
Ju
Ju
Au;
Aug
Septt
Septe
Oct
Octc
Now
Novei
Dece
January 23
January 11
January 17
February 13
February 1
February 7
February 27
February 15
February 21
March 13
March 1
March 7
March 27
March 15
March 21
April 10
March 29
April4
April 24
April 12
April 18
May 8
April 26
May 2
May 22
May 10
May 16
June 12
May 31
June 6
June 26
June 14
June 20
July 10
June 28
*Wednesday, July 5
July 24
July 12
July 18
August 14
August 2
August 8
August 28
August 16
August 22
September 11
August 30
September 5
September 25
September 13
September 19
October 9
September 27
October 3
October 23
October 11
October 17
November 13
November 1
November 7
November 27
November 15
November 21
December 11
November 29
December 5
Agenda
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City Clerk
(Noon)
to publish and
(5:00 p.m.)
uary 4
ary 18
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Lary 22
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ril 5
ril 19
ay 3
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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
Agenda Item #1.0.
05 Dec 2022
Agenda Item #1C.
30 Nov 2022
RESOLUTION NO. 19-57
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AUTHORIZING THE EXECUTION OF AN EMPLOYMENT
AGREEMENT DESIGNATING NICHOLAS SHANE CORBIN AS CITY
MANAGER EFFECTIVE OCTOBER 6, 2019; AUTHORIZING THE
MAYOR TO EXECUTE THE DOCUMENTS NECESSARY TO
EFFECTUATE THE EMPLOYMENT AGREEMENT DESIGNATING
SHANE CORBIN TO SERVE AS CITY MANAGER; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission voted on September 11, 2019, to offer the City
Manager position to Nicholas Shane Corbin, and designated City Commissioner Blythe Waters to
negotiate a contract with Mr. Corbin; and
WHEREAS, Commissioner Waters and Mr. Corbin have negotiated a proposed
employment agreement, which is now being presented to the City Commission for its
consideration; and
WHEREAS, it is the desire of the City Commission to enter into the attached employment
agreement designating Mr. Corbin as City Manager effective October 6, 2019.
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 attached employment agreement
designating Nicholas Shane Corbin as City Manager.
SECTION 2. The City Commission hereby authorizes the Mayor to execute the documents
necessary to effectuate the employment agreement designating Mr. Corbin to serve as City
Manager.
SECTION 3. This Resolution shall become effective upon its adoption.
PASSED AND ADOPTED by the City of Atlantic Beach, this 23`d day of September,
2019.
Attest:
‘f.Ae,
Donna L. Bartle, City Clerk
Ellen Glasser, Mayor
Approved as to form and correctness:
Dur City Attorney
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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 Shane Corbin (hereinafter referred to as "Corbin" or as "City Manager"), an individual
who has the education, training and experience in local government management.
WITNESSETH:
WHEREAS, the City desires to employ Corbin 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, Corbin 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 October 6, 2019 until terminated
by the City or by the City Manager as provided herein.
Section 2. Duties and Authority
A. The City of Atlantic Beach agrees to employ Corbin as its City Manager to perform
the duties and functions specified in the City's Charter and Code 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.
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.
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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 City Manager's express, written consent.
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 $125,000.00,
payable in installments at the same time as other City employees are paid.
B. The City may increase said base 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 adjustments that are provided to
the City Manager by the Commission.
C. 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.
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Section 4. Health, Disability and Life Insurance Benefits.
A. The City agrees to provide and to pay the premiums for health, hospitalization,
surgical, vision, dental and comprehensive medical insurance for the City Manager and his/her
dependents, at the minimum plan offered to other full-time City employees.
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
two (2) times the City Manager's annual base salary, including all increases in the base salary
during the life of this agreement. The City Manager shall name the beneficiary of the life insurance
policy.
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 under the same rules and provisions applicable to other 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, either voluntarily or involuntarily, the City Manager
shall be compensated for all accrued personal leave.
Section 6. Automobile and Phone Allowance
A. The City agrees to pay to the City Manager, during the term of this Agreement and
in addition to other salary and benefits herein provided, the sum of $500 per month, payable
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 his choice of a cell phone allowance
of $50 per month or a city -issued cell phone to compensate him for the business use of his personal
phone.
Section 7. Retirement
The City agrees to pay, on an annual basis, an amount equal to ten percent (10%) of the
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City Manager's base salary to an ICMA 401k 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.
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 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
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 (three members) vote to terminate the
services of the City Manager "without cause", then within ten (10) business days following such
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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 and cell phone 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 base 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. 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 misdemeanor
crime involving a breach of public trust, whether or not adjudication is withheld;
2. Violation of any substantive City policy, rule, or regulation, which would subject
any other City employee to termination;
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
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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 understands the requirement of Section 22 of the City Charter that City
Manager 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 permanent residence, within six months of the date
of this Agreement.
Section 14. Performance Evaluation
The City Commission has the option of conducting an annual review of the performance
of the City Manager, to be coordinated by the Director of Human Resources.
Section 15. 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
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.
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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 October 6, 2019.
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
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,
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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 day of , 2019.
CITY OF ATLANTIC BEACH, FLORIDA
By:
Ellen Glasser, Mayor
ATTEST:
Donna Bartle, City Clerk
Executed by the CITY MANAGER this day of , 2019
Shane Corbin
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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 Shane Corbin (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.
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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, 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.
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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.
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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:
Mayor
City Manager
Date
Shane Corbin Date
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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 EFFECTIVE IVE 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 21441' day of November 2008.
ayor
ATTE T:
dirna1,Gin
DONNA L. BARTLE, CMC
City Clerk
SERVE
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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 IV, 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.
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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.
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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.
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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:
lan C. J n, Esquire
City At - ey
, 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
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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 14th day of
November, 2022.
Attest:.9046,7Vri�A
4
Donna L. Bartle, City Clerk
len Glasser, Mayor
Approved as to form and correctness:
ill d icLi
B enna . Duraq` Jty Attorney
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BURR•:•FORMANLLP
results mailer
Jason R. Gabriel
Direct Dial: (904) 232-7211
Jgabriel@burr.com
Agenda Item #1.0.
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Agenda Item #1C.
30 Nov 2022
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 • to
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• 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:
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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
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Agenda Item #1C.
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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.
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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
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Citizens of Atlantic Beach
City Commission
Agenda Item #1.0.
05 Dec 2022
Agenda Item #1D.
30 Nov 2022
City Clerk City Manager City Attorney
Finance & Administration
Finance
Human Resources
Planning & Community Development
Includes Code Enforcement
Public Safety
Police, Fire, Lifeguards, Animal Control
School Crossing Guards & Parking Attendant
Transportation
Public Works Administration, Road & Streets,
Fleet, Park Maintenance & Landscape
Maintenance
Cultural Arts & Recreation
Enterprise Fundbilities
Water, Sewer and Stormwater
Utilities
Sanitation and Building Code Enforcement
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Agenda Item #1.0.
05 Dec 2022
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City Commission
Purpose:
Agenda Item #1.0.
05 Dec 2022
Agenda Item #1D.
30 Nov 2022
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
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Page 53 of 109
Agenda Item #1.0.
05 Dec 2022
Agenda Item #1D.
30 Nov 2022
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.
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Finance
Purpose
Agenda Item #1.0.
05 Dec 2022
Agenda Item #1D.
30 Nov 2022
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
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Human Resources
Purpose:
Agenda Item #1.0.
05 Dec 2022
Agenda Item #1D.
30 Nov 2022
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.
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Information Technology
Purpose:
Agenda Item #1.0.
05 Dec 2022
Agenda Item #1D.
30 Nov 2022
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.
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City Attorney
Purpose:
Agenda Item #1.0.
05 Dec 2022
Agenda Item #1D.
30 Nov 2022
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.
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Planning and Community Development
Purpose:
Agenda Item #1.0.
05 Dec 2022
Agenda Item #1D.
30 Nov 2022
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; 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).
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.
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PUBLIC SAFETY
Police Department
Purpose:
Agenda Item #1.0.
05 Dec 2022
Agenda Item #1D.
30 Nov 2022
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.
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Community Affairs Division
Purpose:
Agenda Item #1.0.
05 Dec 2022
Agenda Item #1D.
30 Nov 2022
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.
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Agenda Item #1.0.
05 Dec 2022
Agenda Item #1D.
30 Nov 2022
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.
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Recreation
Purpose:
Agenda Item #1.0.
05 Dec 2022
Agenda Item #1D.
30 Nov 2022
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 Department 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.
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Water Utility
Purpose:
Agenda Item #1.0.
05 Dec 2022
Agenda Item #1D.
30 Nov 2022
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
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Building Department
Purpose:
Agenda Item #1.0.
05 Dec 2022
Agenda Item #1D.
30 Nov 2022
The Building Department is responsible for the administration and enforcement of the Florida Building
Code and local regulations relating to building construction. The Building Department 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. The Building Official also serves as the Floodplain Manager
and Community Rating System (CRS) Coordinator.
Key Objectives:
• 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.
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Agenda Item #1.0.
05 Dec 2022
Page 64 of 107
Page 66 of 109
Department Head Telephone Listing
Work# Cell#
City Manager Shane Corbin 247-5817 426-2154
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 247-5813
Finance Director Melissa Burns 247-5807 426-4744
Police Chief Vic Gualillo 247-5869 874-0658
Recreation Director Latrenia Thomas 247-5828 625-0257
HR Director Cathy Varien 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
Agenda Item #1.0.
05 Dec 2022
Agenda Item #1D.
30 Nov 2022
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Agenda Item #1.0.
05 Dec 2022
Page 66 of 107
Page 68 of 109
601 JO 69 32Ed
LOT io L9 abed
Quorum
Board / # of Term
Committee Members Expiration
Governing Length of
Legislation Terms Term
(years) Limit
Board Member
3
Review **5 (default) December 31
Committee
Res. Nos.
05-04 06-03
12-08 , 17-32
18-52
Residency
Required
Do these apply to your board/committee?
Financial
Disclosure
(Form 1 &
1F)
**Varies 3* Yes
Community 7 regular 4 Code Ch 14. Art. lI
Development 1 altemate December 31
Board
3
3* Yes
Arts. Recreation.
and Culture
Committee
7 regular
1 alternate
Environmental 11 regular
Stewardship (7 At -Large
Committee 4 District)
ESC Tree 3 regular
Subcommittee 1 alternate
General
Employees' 5 regular
Pension Board of 1 altemate
Trustees
Police Officers'
Pension Board of
Trustees
5 regular
4
of the
filled
seats
December 31
Res. Nos.
18-32
18-51, 19-68
22-52
3
3* Yes
December 31 Code Sec. 23-52 3 3*
Resident or
Owner
7 At -Large
4 District
2 Must be a Must be
Code Sec. 23-52
(default) current member N/A N/A ESC
of ESC Member
For
Appointed
3 December 31 Code Sec. 2-263 3 3* members
only
For
3December 31 Code Sec. 2-302 3 3* Appointed
members
Term limits are based on consecutive terms
only
No
Yes
No
No
No
Yes
Yes
Quarterly
Gift
Disclosure
(Form 9.)_
No
Voting
Conflict
(Form 8B)
Yes
No
No
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Dual
Office
Holding
No,
advisory
only
Yes
No,
advisory
only
No,
advisory
only
No,
advisory
only
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.
Does
BMRC
Recommend
Members
No
Yes
Yes
Yes
ESC selects
subcommittee
members
from its
members
Some
Some
Special Notes:
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 W
rD
Resolution No. 18-53 Modified terms of G-PBOT, P-PBOT, and CDB • 3
Resolution No. 18-54 Modified terms of BMRC and CARAC Z ,rt Cq
O rD
< 3 3
pi,O )
IVm Ulm
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CD
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Agenda Item #1.0.
05 Dec 2022
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Agenda Item #1.0.
05 Dec 2022
Agenda Item #1E.
30 Nov 2022
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 Commi�ssi n of the City of Atlantic Beach, this A.
day of `B bra Ci ► 2021.
Ellen Glasser, Mayor
Attest:
4 (14 -
Donna L. Bartle, City Clerk
Approved as to form and correctness:
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Agenda Item #1.0.
05 Dec 2022
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Agenda Item #1.0.
05 Dec 2022
Agenda Item #1F.
30 Nov 2022
FLORIDA COMMISSION ON
ETHICS
GUIDE
to the
SUNSHINE AMENDMENT
and
CODE of ETHICS
for Public Officers and Employees
2022
Page 71 of 107
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State of Florida
COMMISSION ON ETHICS
Michelle Anchors
Fort Walton Beach
Antonio Carvajal
Tallahassee
Travis Cummings
Fleming Island
Don Gaetz
Niceville
Glenton "Glen" Gilzean, Jr.
Orlando
John Grant
Tampa
Joanne Leznoff
Fernandina Beach
William "Willie" N. Meggs
Tallahassee
Jim Waldman
Fort Lauderdale
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 #1.0.
05 Dec 2022
Agenda Item #1F.
30 Nov 2022
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Agenda Item #1.0.
05 Dec 2022
Agenda Item #1F.
30 Nov 2022
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 3
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 4
B. PROHIBITED EMPLOYMENT AND BUSINESS RELATIONSHIPS 5
1. Doing Business With One's Agency 5
2. Conflicting Employment or Contractual Relationship 5
3. Exemptions 5
4. Additional Exemption 6
5. Lobbying State Agencies by Legislators 7
6. Employees Holding Office 7
7. Professional & Occupational Licensing Board Members 7
8. Contractual Services: Prohibited Employment 7
9. Local Government Attorneys 7
10. Dual Public Employment 7
C. RESTRICTIONS ON APPOINTING, EMPLOYING, AND CONTRACTING
WITH RELATIVES 8
1. Anti -Nepotism Law 8
2. Additional Restrictions 8
D. POST OFFICEHOLDING & EMPLOYMENT (REVOLVING DOOR) RESTRICTIONS 8
1. Lobbying By Former Legislators, Statewide Elected Officers,
and Appointed State Officers 8
2. Lobbying By Former State Employees 8
3. Additional Restrictions on Former State Employees 9
4. Lobbying By Former Local Government Officers and Employees 10
E. VOTING CONFLICTS OF INTEREST 10
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Agenda Item #1.0.
05 Dec 2022
Agenda Item #1F.
30 Nov 2022
F. DISCLOSURES 11
1. Form 1 - Limited Financial Disclosure 11
2. Form 1F - Final Form 1 15
3. Form 2 - Quarterly Client Disclosure 16
4. Form 6 - Full and Public Disclosure 16
5. Form 6F - Final Form 6 16
6. Form 9 - Quarterly Gift Disclosure 16
7. Form 10 - Annual Disclosure of Gifts from Governmental Entities and
Direct Support Organizations and Honorarium Event -Related Expenses 17
8. Form 30 - Donor's Quarterly Gift Disclosure 18
9. Forms 1X and 6X — Amendments 18
IV. AVAILABILITY OF FORMS 19
V. PENALTIES 19
A. For Violations of the Code of Ethics 19
B. For Violations by Candidates 19
C. For Violations by Former Officers and Employees 20
D. For Lobbyists and Others 20
E. Felony Convictions: Forfeiture of Retirement Benefits 20
F. Automatic Penalties for Failure to File Annual Disclosure 20
VI. ADVISORY OPINIONS 21
A. Who Can Request an Opinion 21
B. How to Request an Opinion 21
C. How to Obtain Published Opinions 21
VII. COMPLAINTS 21
A. Citizen Involvement 21
B. Referrals 22
C. Confidentiality 22
D. How the Complaint Process Works 22
E. Dismissal of Complaint at Any Stage of Disposition 23
F. Statute of Limitations 23
VIII. EXECUTIVE BRANCH LOBBYING 24
IX. WHISTLE -BLOWER'S ACT 24
X. ADDITIONAL INFORMATION 25
XI. ONLINE TRAINING 25
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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.
In 2018, Florida's Constitutional Revision Commission proposed, and the voters adopted, changes
to Article II, Section 8. The earliest of the changes will take effect December 31, 2020, and will prohibit
officials from abusing their position to obtain a disproportionate benefit for themselves or their
spouse, child, or employer, or for a business with which the official contracts or is an officer, partner,
director, sole proprietor, or in which the official owns an interest. Other changes made to the
Constitution place restrictions on lobbying by certain officeholders and employees, and put additional
limits on lobbying by former public officers and employees. These changes will become effective
December 31, 2022.
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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.
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.].
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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 III F 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 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.]
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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 11, 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.]
6. Solicitation or Acceptance of Honoraria
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 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
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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 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 the contract. NOTE:
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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 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.]
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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. 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.]
7. 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.]
8. 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.]
9. 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.]
10. 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
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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.]
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.]
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
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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) Persons 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.
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. 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.]
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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.
4. 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.
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
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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.
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).
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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 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
Boa rd.
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.
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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: mayor; county or city manager; chief
administrative employee or finance director of a county, municipality, or other 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.
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.
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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 for elected local office must file FORM 1 together with and at the same time they file
their qualifying papers.
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:
Each LOCAL OFFICER files FORM 1 with the Supervisor of Elections in the county in which he or she
permanently resides.
A STATE OFFICER or SPECIFIED STATE EMPLOYEE files with the Commission on Ethics. [Sec.
112.3145, Fla. Stat.]
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2. FORM IF - 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 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:
LOCAL OFFICERS file with the Supervisor of Elections of the county in which they permanently
reside.
STATE OFFICERS and SPECIFIED STATE EMPLOYEES file with the Commission on Ethics. [Sec.
112.3145(4), Fla. Stat.]
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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 the city council and candidates for these offices in Jacksonville;
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.
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:
Incumbent officials must file FORM 6 annually by July 1 with the Commission on Ethics. CANDIDATES
must file 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.]
Beginning January 1, 2022, all Form 6 disclosures must be filed electronically through the
Commission's electronic filing system. These disclosures will be published and searchable on the
Commission's website.
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- Ouarterlv 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 than gifts
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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 Aaencies and Direct -Support Oraanizations
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.
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
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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 Ouarterly 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.
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
6.
These forms are provided for officers or employees to amend their previously filed Form 1 or Form
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IV. AVAILABILITY OF FORMS
LOCAL OFFICERS and EMPLOYEES who must file FORM 1 annually will be sent the form by mail from the
Supervisor of Elections in the county in which they permanently reside not later than JUNE 1 of each year.
Newly elected and appointed officials or employees should contact the heads of their agencies for copies
of the form or download it from www.ethics.state.fl.us, as should those persons who are required to file
their final disclosure statements within 60 days of leaving office or employment. The Form 1 will be filed
electronically with the Florida Commission on Ethics via the Electronic Financial Disclosure Management
System (EFDMS), beginning in 2023.
Beginning January 1, 2022, ELECTED CONSTITUTIONAL OFFICERS and other officials who must file Form
6 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. Form 6 filers will receive an emailed invitation to register
for EFDMS in March 2022. Filers requiring earlier access should contact the Commission to request an
invitation. Filers must maintain an updated email address in their User Profile in EFDMS.
OTHER STATE OFFICERS, and SPECIFIED STATE EMPLOYEES who must file Form 1 annually will be sent
the forms by mail from the Florida Commission on Ethics by June 1, 2022. Newly elected and appointed
officers and employees should contact the head of their agencies for copies of the form or download the
form from www.ethics.state.fl.us, as should those persons who are required to file their final financial
disclosure statement within 60 days of leaving office or employment.
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.
8. 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.
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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.
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.]
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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.
VII. COMPLAINTS
A. Citizen Involvement
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
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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 obtain a complaint form (FORM 50), by contacting the Commission office at the address
or phone number shown on the inside front cover of this booklet, or you can download it from the
Commission's website:
www.ethics.state.fl.us.
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.
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.
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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.
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.]
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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 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: 850/922-4987
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.
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
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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, and commissioners of community
redevelopment agencies (CRAs) are required to receive a total of four hours training, per calendar
year, in the area of ethics, public records, and open meetings. The Commission on Ethics does not track
compliance or certify providers.
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. A
comprehensive online training course addressing Florida's Code of Ethics, as well as Sunshine Law,
and Public Records Act is available via a link on the Commission's homepage.
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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).
2023 Pav Dates (for Elected Officials)
January 13, 2023
February 10, 2023
March 10, 2023
April 7, 2023
May 5, 2023
June 2, 2023
July 14, 2023
August 11, 2023
September 8, 2023
October 6, 2023
November 3, 2023
December 1, 2023
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CITY OF ATLANTIC BEACH
CITY COMMISSION
Mayor- 2 year term; 4 consecutive term limit;
Commissioners- 4 year terms; 2 consecutive term limit.
(Please Note: The 2017 Commission's terms were extended by one year in order to transition
to even -numbered year elections per Ordinance No. 33-17-23)
Regular meetings are held in the Commission Chamber at 6:30 pm on the second and fourth Monday of each month except in
December where there is only one meeting which is on the second Monday.
Please Note: If the second or fourth Monday is a holiday, then the meeting is scheduled for Tuesday.
NAME & ADDRESS
Curtis Ford
536 Beach Avenue
Atlantic Beach, FL. 32233
Bruce Bole
79 Shell Street
Atlantic Beach, FL. 32233
Michael "Mike" L. Waters
1849 Beachside Court
Atlantic Beach, FL. 32233
Candace Kelly
149 Belvedere Street
Atlantic Beach, FL. 32233
Jessica Ring
1002 Begonia Street
Atlantic Beach, FL 32233
Shane Corbin
Jason Gabriel
Burr & Forman LLP
Donna L. Bartle
POSITION/ BUSINESS HOME / CELL / EMAIL
EXP. DATE
Mayor (904) 333-4565 Cell
Seat 1 -At Large cfordna_ ,coab.us
11/2024
Commissioner (904) 463-0314
Seat 2 -District 1308 bbolena,coab.us
11/2024
Commissioner (904) 463-0170
Seat 3 -District 1307 mwaters icoab.us
11/2024
Commissioner
Seat 4 -District 1306
11/2026
(904) 247-3550 Home
(904) 859-4387 Cell
ckellv@coab.us
Commissioner (904) 449-6682 Cell
Seat 5 -District 1312 iring(aiicoab.us
11/2026
City Manager
Appointed
City Attorney
Appointed
City Clerk
Appointed
(904) 247-5817
(904) 426-2154
(904) -232-7211
(904) 247-5809
(904) 200-9790 cell
(904) 247-5846 Fax
scorbina,coab.us
i cabrielacoab.us
dbartle@,coab.us
If sending an email to the entire Commission, please address it to: electedofficials iicoab.us
If Official Correspondence is being mailed, please address it to:
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
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Agenda Item #1.0.
05 Dec 2022
Agenda Item #1G.
30 Nov 2022
ATLANTIC BEACH CITY COMMISSION PRIORITIES
ESTABLISHED JANUARY 25, 2022; ADOPTED BY RESOLUTION FEBRUARY 28, 2022
LIVABILITY
Improve health, recreation, arts, culture, leisure, education, military appreciation, and other quality -
of -life indicators via:
• Develop and implement a strategy to improve recreation, sports, arts, culture, history, and education
programming; improving accessibility to programming for all residents, particularly children and
senior citizens; and ensuring that best -practice safety protocols are established and met.
• Participate in or develop a comprehensive communitywide health and well-being improvement
initiative.
• Solidify AB's status as a military- and veteran -friendly community.
• Maintain partnerships with local nonprofits that provide health, wellness, education, recreation,
transportation, and affordable housing services to low-income residents, youth, senior citizens, and
others.
ENVIRONMENTAL LEADERSHIP
Validate COAB's commitment to resiliency, sustainability and the environment via:
Initiate an urban tree -canopy assessment, establish a tree -canopy goal, and develop a canopy care
program.
• Continue efforts to understand the impact of sea level rise locally, and adapt for environmental
changes.
• Provide education and outreach to the community.
Improve access to hazardous waste disposal and educate residents about protecting the
environment from chemical contamination.
PLANNING & BUDGETING
Prepare for future financial and infrastructure needs via:
• Manage employee -retention by developing strategic actions to keep employees motivated and
productive through:
o Competitive compensation
o Equitable training opportunities
o A formal employee welcome, recognition, and appreciation program.
• Administer the City's capital- and road -improvement plans.
• Further develop financial management policies and establish a debt strategy.
• Identify "shovel -ready" projects.
• Make significant progress on the following capital -improvement projects:
o Lifeguard station
o Splash pad
o Baker Center expansion
o Parks Master Plan implementation
o Seminole Road gateway improvements.
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Agenda Item #1.0.
05 Dec 2022
Agenda Item #1G.
30 Nov 2022
MAYPORT ROAD CORRIDOR & MARSH SIDE
Improve neighborhood identity, safety, and business and cultural opportunities via:
• Explore the viability of a community redevelopment plan and tax -increment financing, and/or the
feasibility of other tools to address the Mayport Road corridor's needs.
• Maintain partnerships to enhance automobile, bicycle and pedestrian safety by connecting to the
East Coast Greenway and incorporating the "complete streets" philosophy on Mayport Road.
• Partner with artists to install murals in the community, including at the Atlantic Boulevard-Mayport
Road flyover.
• Conduct an analysis and develop policies to ensure the City's spending and programming are
equitable throughout the entire community.
MULTI -MODAL TRANSPORTATION MANAGEMENT
Support safety, connectivity and sustainability community -wide via:
• Administer the City's Connectivity Plan and Complete Streets Policy.
• Continue reviews of challenges and opportunities associated with traffic management and parking,
and implement solutions.
• Identify new opportunities and prioritize projects for safe, comfortable walking and bicycling.
• Evaluate parks and access points to the beach and Intracoastal Waterway to identify opportunities
to improve vehicle and bicycle parking, signage/wayfinding, litter containment, ADA access, and
aesthetics.
CITY SERVICES
Develop and improve systems to ensure that the City maintains a high -performing workforce via:
• Establish best practices in the City Clerk's Office and throughout the organization for records
management, storage, and disposal.
• Complete a citizen/business survey and audit of the City's permitting systems to highlight
opportunities for improved efficiencies and service.
• Analyze the benefits of having an in-house City Attorney vs. contracting legal services.
• Coordinate legislative strategies and maintain partnerships with the Beaches cities, the City of
Jacksonville, and the State of Florida.
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Agenda Item #1.0.
05 Dec 2022
Agenda Item #1G.
30 Nov 2022
2023 Holiday Dates
*Holidays will be observed by City Staff (city offices closed) on the following dates:
New Year's Day — Monday, January 2
Martin Luther King, Jr. Day — Monday, January 16
Presidents' Day — Monday, February 20
Memorial Day — Monday, May 29
Independence Day — Tuesday, July 4
Juneteenth 19 — Monday, June 19
Labor Day — Monday, September 4
Veterans' Day — Friday, November 10
Thanksgiving Day — Thursday, November 23
Day after Thanksgiving — Friday, November 24
Christmas Eve — Monday, December 25
Christmas — Tuesday, December 26
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