BMRC AGENDA PACKET 3-1-12
CITY OF ATLANTIC BEACH
BOARD MEMBER REVIEW COMMITTEE
March 1, 4:30 pm
City Hall, North Conference Room
AGENDA
Call to Order
1. Approval of the minutes of the BMRC meeting of October 4, 2011.
2. Interview new candidates (listed below) and make a recommendation for
appointment to fill the vacancy of the unexpired term ending 12/31/13 on the
Police Officers’ Pension Board of Trustees.
New candidates:
A. 4:30 pm - John Fletcher
B. 4:45 pm - Bill Tomson
C. 5:15 pm – Ben deLuna
3. Set agenda for next meeting
Adjournment
MINUTES
Board Member Review Committee Meeting
October 4, 2011
Call to order
The meeting was called to order by Mayor Pro Tem John Fletcher at 5:02 pm. Those in attendance
were Mayor Pro Tem John Fletcher (Chairman), City Manager Jim Hanson, Member Mitchell Reeves,
Member Jim Smith, City Clerk Donna Bartle, Community Development Board Chair Chris
Lambertson and Building Official Mike Griffin. Mayor Pro Tem Fletcher introduced Commissioner-
Elect Mark Beckenbach to the Committee members and explained he personally invited him to attend
the meeting.
1. Approval of the minutes of the BMRC meeting of September 14, 2011.
Motion: Approve minutes of the Board Member Review Committee meeting of September 14,
2011.
Moved by Smith, seconded by Reeves
Motion carried unanimously
2. Discuss/review current members on the Community Development Board whose terms are
expiring on December 31, 2011 and are interested in reappointment.
A. Kirk Hansen
B. Patrick Stratton
Mayor Pro Tem Fletcher advised there are three vacancies to address on the Community Development
Board (CDB). It was explained that Blaine Adams’ term will expire on December 31, 2011 and that
he is not interested in reappointment.
The Committee discussed the attendance record of Mr. Hansen and Mr. Stratton as well as their
contributions to the Community Development Board.
Motion: Recommend reappointing Kirk Hansen to serve an additional term on the Community
Development Board.
Moved by Reeves, seconded by Lambertson
Motion carried unanimously
Motion: Recommend reappointing Patrick Stratton to serve an additional term on the
Community Development Board.
Moved by Smith, seconded by Reeves
Motion carried unanimously
3. Discuss the new candidates (listed below) and the current members that are interested in
reappointment (listed above) and make recommendations.
New candidates:
A. Rita Pierce
B. Myron Blankenbaker
C. Jason Burgess
Minutes of the Board Member Review Committee Meeting on October 4, 2011 Page 2 of 2
The Committee interviewed Ms. Pierce. The purpose of the interview and an overview of the duties
and responsibilities of the Community Development Board were explained to her. She explained her
personal accomplishments, goals and interests in the community. The Committee offered her the
opportunity to ask questions and the Committee responded to those questions.
Ms. Bartle reported that Mr. Blankenbaker would not be able to make it to his interview tonight
because he had been delayed in Tampa by unforeseen traffic issues but wants to be considered for
appointment. She explained Jason Burgess should be considered also but was not scheduled for an
interview tonight since he interviewed with this Committee in July for the same board. The Committee
discussed the three candidate.
Motion: Recommend appointing Jason Burgess as a new member to the Community
Development Board for one term beginning January 1, 2012.
Moved by Smith, seconded by Lambertson
Motion carried unanimously
Mayor Pro Tem Fletcher agreed to call Ms. Pierce to convey the Committee’s recommendation and to
urge her to interview for future vacancies on the Code Enforcement Board.
4. Other Business
A. Set agenda for next meeting
Mrs. Bartle referred to the 2012 Vacancy List which was included in the agenda packets. She
explained the next terms to expire are in July 2012 for members of the Cultural Arts and Recreation
Advisory Committee. The Committee agreed it is not necessary to set the next meeting at this time.
Adjournment
There being no other business, the meeting adjourned at 5:45 pm.
__________________________________
Jonathan Daugherty
Chairman
2012 VACANCIES
Vacancies through 2012 as of October 4, 2011
Termed Interested
Term Out in Reappt?
Pension Board of Trustees Status Service (2 year terms w/ no term limit)Expiration Y or N Y or N
Vacancy from Michael Witherspoon Resigned 12/31/2013 N/A N/A
Termed Interested
Term Out in Reappt?
Cultural Arts & Recreation Advisory Committee Status Service (2 year terms w/ 4 term limit)Expiration Y or N Y or N
Tammy Lally Active 1st 7/8/2012 N
Cris Garrard Active 3rd 7/8/2012 N
Lynne Knecht Roskein Active 3rd 7/8/2012 N
Hollie Stephens Active 1st 7/8/2012 N
Jolyn Johnson Active 3rd 7/8/2012 N
Vacancy from Carolyn McCarthy Resigned N/A 7/8/2012 N/A N/A
Termed Interested
Term Out in Reappt?
Code Enforcement Board Status Service (3 year term w/ 3 term limit)Expiration Y or N Y or N
Veda Bernstein Active 2nd 9/30/2012 N
Barbara Weiss Active 3rd 9/30/2012 Y N/A
Termed Interested
Term Out in Reappt?
Community Development Board Status Service (2 year term w/ 4 term limit)Expiration Y or N Y or N
Kelly Elmore Active 1st Term 12/31/2012 N
A. Brea Paul Active 1st Term 12/31/2012 N
Harleston Parkes Active 1st Term 12/31/2012 N
Chris Lambertson Active 4th Term 12/31/2012 Y N/A
COMMUNITY DEVELOPMENT BOARD: 2-year terms; 4 consecutive term limit; per Ordinance 5-03-42 adopted July 14, 2003
Regular meetings are held in the Commission Chambers at 6:00 pm the third Tuesday of each month.
The board members are required to file Statement of Financial Interests
CODE ENFORCEMENT BOARD: 3 year terms; 3 consecutive term limit
Meet in Commission Chambers 6:00 p.m. Second Tuesday odd numbered months
The board members are required to file Statement of Financial Interests
GENERAL EMPLOYEE’S PENSION BOARD OF TRUSTEES: 4 year term; no term limit
POLICE EMPLOYEE’S PENSION BOARD OF TRUSTEES: 2 year term; no term limit
The board members are required to file Statement of Financial Interests
CULTURAL ARTS AND RECREATION ADVISORY COMMITTEE: 2-year term; 4-term limit
Created by Resolution #02-13 July 8, 2002; Amended by Res. #03-5 & 10-08
Meets at 6:00 p.m. the 4th Tuesday of the month
Pension Board of Trustees Membership List as of February 8, 2012 Page 1 of 3
CITY OF ATLANTIC BEACH
GENERAL EMPLOYEES’ PENSION BOARD OF TRUSTEES:
4 year term; no term limit
The board members are required to file Statement of Financial Interests
Business Home Term
Name and Address Position Phone Phone Expiration
Employee Elected
Tim Townsend Chair 247-5839 247-5839 02/16/14
902 Assisi Lane
Atlantic Beach, FL 32233
ttownsend@coab.us
Employee Elected
Dennis Roberts Member 705-5858 705-5858 09/24/14
800 Seminole Road
Atlantic Beach, FL 32233
droberts@coab.us
Civilian Appointed by Commission
Bob Sternfeld Member 296-8635 246-8064 12/31/15
2248 Barefoot Trace
Atlantic Beach, FL 32233
bobsternfeld@comcast.net
Bob.Sternfeld@jhancock.com
Civilian Appointed by Commission –
Alan Gleit Secretary 241-9966 10/11/15
10 Tenth Street #32
Atlantic Beach
agleit@hotmail.com
Resident selected by Board, Confirmed by Commission
VACANT 05/09/15
Pension Board of Trustees Membership List as of February 8, 2012 Page 2 of 3
CITY OF ATLANTIC BEACH
POLICE EMPLOYEES’ PENSION BOARD OF TRUSTEES:
2 year term; no term limit
The board members are required to file Statement of Financial Interests
Business Home Term
Name and Address Position Phone Phone Expiration
Employee Elected
Vic Gualillo Chair 247-5859 N/A 02/09/12
Atlantic Beach Police Department
850 Seminole Road
Atlantic Beach, FL 32233
vgualillo@coab.us
Employee Elected
Brannon Hicks Member 247-5859 N/A 08/01/13
Atlantic Beach Police Department
850 Seminole Road
Atlantic Beach, FL 32233
dhatfield@coab.us
Civilian Appointed by Commission
VACANT 12/31/13
Civilian Appointed by Commission
John Wolfel Vice Chair 699-8887 10/11/13
435 Inland Way 241-9800 (FAX)
Atlantic Beach, FL 32233
John.Wolfel@comcast.net
Resident selected by Board, Confirmed by Commission
Harry E. McNally Secretary 247-5838 241-4694 05/14/13
353 Buoy Lane FAX: 247-5872
Atlantic Beach, FL 32233
hmcnally@coab.us
Pension Board of Trustees Membership List as of February 8, 2012 Page 3 of 3
PENSION PROFESSIONAL SERVICES
Actuarial Consultants
Gabriel, Roeder, Smith & Company
One East Broward Boulevard
Suite 505
Fort Lauderdale, FL 33301
James J. Rizzo, Senior Consultant &Actuary
e-mail: Jim.Rizzo@gabrielroeder.com
(954) 527-1616 ext 2107
Fax (954) 525-0083
Legal
Christiansen & Dehner, P.A.
63 Sarasota Center Boulevard
Suite 107
Sarasota, FL 34240
Scott Christiansen, Attorney
e-mail: Scott@CD pension.com
(941) 377-2200
CITY EMPLOYEES:
Name and Address
City Manager
James R. Hanson
800 Seminole Road
Atlantic Beach, FL 32233
e-mail: jhanson@coab.us
(904) 247-5806 Fax (904) 247-5805
Pension Plan Administrator
Nelson Van Liere
800 Seminole Road
Atlantic Beach, FL 32233
e-mail: nvanliere@coab.us
(904) 247-5807 Fax (904) 247-5819
Human Resource Manager
George A. Foster
800 Seminole Road
Atlantic Beach, FL 32233
e-mail: gfoster@coab.us
(904) 247-5890 Fax (904) 242-3498
Investment Consultants
Morgan Stanley Smith Barney
814 A1A North Suite 100
PonteVedra Beach, FL 32082
Michael O’Shields, Senior Vice President
Email: Michael.oshields@smithbarney.com
(904) 543-7809 Direct
(904) 228-1436 Cell Fax (904) 273-0883
CITY OF ATLANTIC BEACH
BOARD COMMITTEE MEMBER APPLICATION FORM
Please check 1 the box beside each Board or Committee that you are applying to serve on If you check more than
one please rank your interest in each board committee by order of priority
A summary of each board committee is available on page 2 of this form
Code Enforcement Board Community Development BoardPensionBoardofTrusteesBoardMemberReviewCommittee
Cultural Arts and Recreation Advisory Committee
DATE 7 7 0 Z APPLICANTS NAME At it r
ADDRESS 0 1111 1 r I 22
DAYTIME PHONE o 9 L j EVENING PHONE Wit 643 r 2Y 7
E MAIL ADDRESS 1 gu FAX 403
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P L el s GC
Please explain any employment experience board committee experience andor community volunteer experiencerelativetotheboardcommitteeapplyingfor
rtr on z s kt c l 913
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Please provide a brief explanation of your interest or any special qualifications you have in this field and your reasonsforwishingtobeappointedtothisboardcommittee
AI 44 1 1 J L 7 J i e I III
i1ee a
lruS i of s lot a T 1 a gr i
Please return completed form to
Donna L Bartle City Clerk 800 Seminole Road Atlantic Beach FL 32233
PLEASE NOTE This application will expire two 2 years after date of submittal
1
CITY OF ATLANTIC BEACH
BOARD COMMITTEE MEMBER APPLICATION FORM
Please check 1 the box beside each Board or Committee that you are applying to serve on If you check more than
one please rank your interest in each board committee by order of priority
A summary of each boardcommittee is available on page 2 of this form
Code Enforcement Board Community Development Board
V Pension Board of Trustees Board Member Review Committee
Cultural Arts and Recreation Advisory Committee
DATE a 0 z APPLICANTS NAME Lt i g
ADDRESS 377 a TH ST 217 rt
DAYTIME PHONE 701 K 6i EVENING PHONE c6
E MAIL ADDRESS loiLU 0vTarhsonC 6011 4 c
Please explain any employment experience board committee experience andor community volunteer experience
relative to the board committee applying for
P c bO c kR
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aowlo 174c S 12 2Peaseprovideabriefexpanationofyour interest or any special qualifications you have in this field and your reasons
for wishing to be appointed to this boardcommittee
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o Po r rtrti7y To ti 1 X h 217 Pro A vD Jam S iZ
I Ai 01 IZ L riiv i L wc 7 c d
Please return completed form to
Donna L Bartle City Clerk 800 Seminole Road Atlantic Beach FL 32233
PLEASE NOTE This application will expire two 2 years after date of submittal
1
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CITY OF ATLANTIC BEACH 45 y
BOARD COMMITTEE MEMBER APPLICATION FORM
Please check the box beside each Board or Committee that you are applying to serve on If you check more than
one please rank your interest in each board committee by order of priority
A summary of each boardcommittee is available on page 2 of this form
Code Enforcement Board Community Development Board
X Pension Board of Trustees Board Member Review Committee
Cultural Arts and Recreation Advisory Committee
DATE 1 29 2011 APPLICANTS NAME Benjamin Ade Luna
ADDRESS 2361 Oceanwalk Dr W
DAYTIME PHONE 904 247 9864 EVENING PHONE Same
E MAIL ADDRESS delunaj ax@comcastnet FAX
Please explain any employment experience board committee experience and or community volunteer experience
relative to the boardcommittee applying for
I was on the board of St Pauls Catholic School for a period of six years which dealt with a budget of over 15
million I was president for three of the years leading a board of five other persons I was also the treasurer and
board member of LArche Harbor House which is comprised of Christ centered homes for the mentally and
physically disabled adults For the last 34 years I had been administering and enforcing the tax laws of this country
as an attorneymanager for the Office of Chief CounselIRS by providing the necessary legal advice to IRS agents I
led and reviewed a group of seven attorneys As of January 1 2011 I retired from the Office of Chief Counsel IRS
I plan to continue consulting in the Federal tax area As a result of these experiences I think I have a strong
background in law enforcement and finances
Please provide a brief explanation of your interest or any special qualifications you have in this field and your reasons
for wishing to be appointed to this board committee
See above for some qualifications It has been at least 6 years since I was on a community board or committee and I
want to again serve my community in this way I believe I have the background for law enforcement and finances
from my experiences as an attorney with the Office of Chief Counsel and from my prior board experiences
Additionally I want to become more familiar with our city government and its operation as I at some future date
may consider running for Commissioner of Atlantic Beach
Please return completed form to
Donna L Bartle City Clerk 800 Seminole Road Atlantic Beach FL 32233
PLEASE NOTE This application will expire two 2 years after date of submittal
1
BENJAMIN A. DE LUNA’S QUALIFICATIONS
2361 Oceanwalk Dr. West, Atlantic Beach Florida 32233
Day/ Evening: (904) 247-9864
de-luna-jax@comcast.net
Career experience
Investor/Tax Consultant/Semi-retired—January 2, 2011 to Present
Office of Chief Counsel, IRS – Associate Area Counsel, Large and Midsize Business
(10/2000 to January 1, 2011)
• Led a practice group of six to seven attorneys who had case inventories of 20 to
40 tax matters involving large taxpayers regarding a variety of corporate and
partnership tax issues.
• Member of national hiring committee for Office of Chief Counsel (2005—2008)
• Assisted exam teams in the presentation of a variety of corporate tax issues in Fast
Track.
• Assisted exam teams in the presentation of a variety of corporate tax and
partnership issues before Appeals.
• Assisted exam teams with CAP examinations.
• Lead counsel in case involving investment tax credit transition provisions.
• Tax Court issued a 100% favorable opinion in investment tax credit transition
case.
• See Appendix A for cases that I tried in the Tax Court as lead counsel or co-
counsel.
Office of Chief Counsel, IRS – District Counsel, North Florida District,
(5/1990 through 10/2000)
• Led an office of two Assistant District Counsels, 19 attorneys, 3 paralegals and 12
support persons.
• Each attorney had an inventory of 50 to 100 cases involving various individual
(income, estate, gift and excise tax) corporate and partnership tax issues.
• Co-counsel in Tax Court case involving off shore royalties which case tried over
two trial sessions of month duration each.
• Tax Court issued favorable opinion in the off shore royalty case.
• Presented classes on Federal rules of evidence to Appeals officers in national
training class.
Office of Chief Counsel, IRS – Assistant District Counsel, Denver, CO District
(5/1986 through 5/1990)
• Led and reviewed a group of seven attorneys and three support persons.
• Each attorney had an inventory of 50 to 100 cases involving various individual
(income, estate, gift and excise tax) corporate and partnership tax issues.
2
• Presented various continuing professional education sessions to District Director’s
staff on such topics as tax fraud, Section 183 hobby loss and evidence.
• Represented IRS in bankruptcy court in Colorado as Special Assistant United
States Attorney.
• Primary responsibility for a research and development tax shelter consisting of
more than 100 individual Tax Court Cases.
• Received a favorable opinion in tax shelter cases on a procedural matter raised by
tax shelter investors.
Office of Chief Counsel, IRS – Senior Tax Attorney, Denver, CO District
(8/1978 through 5/1986)
• Advised and assisted IRS agents in the Denver District with the development of
their audits involving individual, estate and corporate tax issues.
• Handled an inventory of 80 to 120 Tax Court cases involving various corporate
and individual tax (income, estate, gift and excise) issues; the processing of these
cases included preparing answers, conducting discovery, conducting settlement
conferences, preparing for trials, trying cases, writing briefs and writing appeal
recommendations.
• Advised and assisted the Department of Justice, Tax Division, in the defense of
refund cases involving income and employment tax issues filed in the United
States District Courts in the Judicial Districts of Colorado and Wyoming.
• Advised and assisted IRS criminal investigators by advising them in the
developmental stages of their investigations, evaluating completed investigations
for evidentiary and jury appeal sufficiency, and ultimately determining whether or
not to refer a completed investigation to the Department of Justice for
prosecution.
• Advised and assisted IRS revenue officers with U.C.C., real and personal property
in Colorado and collection summons enforcements as well as bankruptcy code
interpretation.
Office of Chief Counsel, IRS – Associate Tax Attorney, Washington, D.C.
(1/77 through 7/1978)—Refund Litigation Division
• Advised and assisted the Department of Justice, Tax Division, in the defense of
refund tax cases filed throughout the United States in the United States District
Courts. The cases involved various issues involving income, gift, estate and
employment tax law.
Education
University of Denver, College of Law (1973-1976)
• JD – August, 1976.
University of Texas at El Paso, TX (1969-1973)
• BA in Business Administration with accounting emphasized – August, 1973.
Office of Chief Counsel-IRS
3
• Attended a myriad (over 450 hours) of continuing legal education courses
regarding taxation 1978 – 2007.
Professional Licenses and Memberships
• Colorado Bar , October, 1976
• Tax Court, July, 1979
• United States District Court for Colorado
• American Bar Association
Other Qualifications
• Computer and software skills in Word, Excel, WestLaw, Lexis and Internet usage.
• Received performance awards from the Chief Counsel’s office for each year from
1988 through 2007.
Community Service
St. Paul’s Catholic School, Jacksonville Beach, FL
• Member of fund raising committee which raised over $1.8 million dollars in five
months for school expansion and church improvements (1/1993 through 5/1993).
• President and Board member of school (11/1996 through 10/2002).
• Instrumental in computer networking the entire school (1/1999 through 9/1999).
• Assisted with financial matters of annual carnival (1997 through 2007).
L’Arche Harbor House, Jacksonville, FL
• Board member and Treasurer for L’Arche Harbor House which consisted of four
homes for 21 physically and mentally disabled adults (1997 through 2003).
• Instrumental in having a sound financial base for L’Arche Harbor House.
CROP Walk, Jacksonville Beach, FL
• Consistently raised the most funds for this walk to address hunger locally and
around the world (1998 to present).
Personal Details
• Married 26 years; one daughter.
• Fluent in Spanish.
• Interests: Running, hiking, biking and reading economic and financial
information and books.
Appendix A
This is a listing of some of the reported cases that I have tried before the
United States Tax Court or Bankruptcy Court as either lead counsel or
co-counsel:
• PK Ventures, Inc. v. Commissioner, T.C. Memo. 2006-36, 91 T.C.M.
(CCH) 806.
• FPL Group, Inc. and Subsidiaries v. Commissioner, T.C.Memo.
2005-208, 90 T.C.M. (CCH) 202.
• Medlin v. Commissioner, T.C. Memo. 2003-224, 86 T.C.M. (CCH)
141.
• Peacock v. Commissioner, T.C. Memo. 2002-122, 83 T.C.M. (CCH)
1662.
• Brumlik v. Commissioner, T.C. Memo. 1998-201, T.C.M. (RIA)
98,201.
• Medieval Attractions N.V. v. Commissioner, T.C. Memo. 1996-455,
72 T.C.M. (CCH) 924.
• In re Marsiat, 184 B.R. 846 (M.D. FL, October 3, 1994).
• Bell v. Commissioner, 90 T.C. 878 (May 9, 1988).
• Mosko v. Commissioner, T.C. Memo. 1986-447, 52 T.C.M. (CCH)
520.
• Osborne v. Commissioner, 87 T.C. 575 (September 4, 1986).
• Klein v. Commissioner, T.C. Memo. 1984-392, 48 T.C.M. (CCH)
651.
• Winchell v. Commissioner, T.C. Memo. 1983-221, 45 T.C.M. (CCH)
1376.
• Schmidt v. Commissioner, T.C. Memo. 1983-612, 46 T.C.M. (CCH)
1586.
• Rothbart v. Commissioner, T.C. Memo. 1981-524, 42 T.C.M. (CCH)
1128.
• Hamm v. Commissioner, T.C. Memo. 1980-154, 40 T.C.M (CCH)
284.
1
Bartle, Donna
From:Ben [de-luna-jax@comcast.net]
Sent:Wednesday, February 01, 2012 3:16 PM
To:Bartle, Donna
Cc:Hanson, Jim
Subject:RE: Committee appointments
Thank you for the response.
If there is still need for a pension board member, please consider me for such a position. If I am selected, I will resign from the
Code Enforcement board where I am an alternate.
I believe you have my application and resume on file.
Ben
From: Bartle, Donna [mailto:dbussey@coab.us]
Sent: Wednesday, February 01, 2012 1:13 PM
To: Ben
Cc: Hanson, Jim
Subject: FW: Committee appointments
Ben,
Please see Alan’s comments below. It should answer your questions.
Thanks,
Donna
From: Alan Jensen [mailto:alan@ajensenlaw.com]
Sent: Tuesday, January 31, 2012 9:42 AM
To: Bartle, Donna
Cc: Hanson, Jim
Subject: FW: Committee appointments
Donna: In order to further clarify this issue, and quoting from AGO 2009-48, please consider the following:
"The Florida Supreme Court has stated that a person in the service of the government, who derives his position from a duly and
legally authorized election or appointment, whose duties are continuous in their nature and defined by rules prescribed by
government and not by contract , consisting of the exercise of important public powers, trusts, or duties, as part of the regular
administration of the government is a public officer." State ex rel. Clyatt v. Hocker, 22 So. 721 (Fla. 1897).
This would logically apply to a member of the pension board, so that, since code enforcement board members are officers
under the Fla. Const. provision, one person cannot serve on both the code enforcement board and the pension board at the same
time. This would be dual office holding which is prohibited by the Fla. Const.
However, I have also been asked if a board member who is a public officer, such as a member of the code enforcement board
or the pension board, could be appointed to a committee, such as the upcoming police building committee. Such a committee
member would not be a public officer, in my opinion, since he could not exercise any public powers, trusts or duties, but would
only be in a position to make a recommendation to the city commission.
I hope the above information together with my e-mail yesterday answers your questions, but contact me if we need to discuss
further. Alan
2
From: Alan Jensen [mailto:alan@ajensenlaw.com]
Sent: Monday, January 30, 2012 2:20 PM
To: 'Bartle, Donna'
Cc: 'Hanson, Jim'
Subject: RE: Committee appointments
Donna: The Florida Constitution prohibits dual office holding. See Art. II, s.5(a) Fla. Const. The question becomes whether
members of the Code Enforcement Board and the Pension Board are "officers" for purposes of this section of the Fla. Const.
Code enforcement board members have been determined to be officers for this purpose. I would have to do substantially
more research to be certain, but it appears on initial review that pension board members would also be officers for purposes of
this section of the Fla. Const. Thus one person could not sit on both boards since that would be a violation of the prohibition
against dual office holding.
Also, I have not reviewed any city resolutions that might apply to appointment of these or other boards, and am uncertain
if there are any city policies regarding one person serving on two different boards.
AGO 2009-48 contains a good discussion regarding this matter and Ben may wish to review that opinion. I will try to e-
mail it to you. Contact me with any questions or if you want me to do anything further. Alan
From: Bartle, Donna [mailto:dbussey@coab.us]
Sent: Wednesday, January 25, 2012 10:49 AM
To: Alan Jensen
Cc: Hanson, Jim
Subject: RE: Committee appointments
Alan,
Below is an email string between me and Mr. deLuna. Basically, he was interested in serving on the Pension Board of Trustees,
but he is currently on the Code Enforcement Board. I explained to him that you cannot serve on multiple boards at the same
time. So he asked for the provision that says it. I sent him a link to F.S. 99‐021 because I remember this coming up a few
months ago. I don’t have anything else in writing on the issue.
Please read Mr. de Luna’s response and reply as to whether or not he would be able to serve on both boards. If it doesn’t
matter which boards it is, also let me know that.
Thanks,
Donna
From: Bartle, Donna
Sent: Wednesday, January 25, 2012 8:35 AM
To: 'Ben'
Cc: Hanson, Jim; 'Alan Jensen'
Subject: RE: Committee appointments
Ben,
I will have to refer it to the City Attorney.
Thanks,
Donna
From: Ben [mailto:de-luna-jax@comcast.net]
Sent: Tuesday, January 24, 2012 10:56 PM
To: Bartle, Donna
Subject: RE: Committee appointments
This is the e‐mail that I need a response to.
3
From: Ben [mailto:de-luna-jax@comcast.net]
Sent: Wednesday, January 18, 2012 7:29 PM
To: 'Bartle, Donna'
Subject: RE: Committee appointments
Good morning!!
I am not absolutely sure but it seems to me that subsection (6) of Section 99.012 excludes non paid appointees from the
requirements of this section.
I do want to point out that the development board provision in the municipal code does contain a requirement that a member
not be part of another board. See Section 14‐7 of the Code of Ordinances.
Please note that neither the Code Enforcement nor the Pension board provisions have such a requirement. See 2‐141 and 2‐
266.
From my reading of these provisions, it seems to me that a person can be considered for the pension board even though
currently a member of the Code enforcement Board.
Let me know what you think.
From: Bartle, Donna [mailto:dbussey@coab.us]
Sent: Wednesday, January 18, 2012 2:40 PM
To: Ben
Subject: FW: Committee appointments
Ben,
F.S. 99.021 addresses the issue. For your convenience, I have attached the link.
http://www.flsenate.gov/Laws/Statutes/2011/99.012
Thanks,
Donna
From: Bartle, Donna
Sent: Wednesday, January 18, 2012 2:33 PM
To: 'Ben'
Subject: RE: Committee appointments
Ben,
It’s not in our code. I believe I found it in the Florida Statutes a few months ago, but I can’t remember where I found it. I’ll have
to research it in order to let you know, but it came up just a few months ago before we recommended appointing members to
the Pension Board.
Thanks,
Donna
From: Ben [mailto:de-luna-jax@comcast.net]
Sent: Wednesday, January 18, 2012 1:24 PM
To: Bartle, Donna
Subject: RE: Committee appointments
4
Thank you for the information and the assistance.
I look forward to testing the new audio feed.
Can you direct me to the code provision that deals with the prohibition of serving on multiple boards?
Thank you for all your assistance.
Have a great day!
From: Bartle, Donna [mailto:dbussey@coab.us]
Sent: Wednesday, January 18, 2012 11:43 AM
To: Ben
Subject: RE: Committee appointments
Ben,
A new audio feed was installed last week in the Chamber, so we will be testing it out next Monday night.
I have your application on file; however ,it is no longer being considered for vacancies since you have been appointed to the
Code Enforcement Board and you cannot serve on multiple boards.
Nelson said he spoke to you today and you had questions. If this did not answer your question, please call or email me.
Thanks,
Donna
Donna L. Bartle
City Clerk
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
(904) 247‐5809
From: Ben [mailto:de-luna-jax@comcast.net]
Sent: Tuesday, January 17, 2012 7:09 PM
To: Bartle, Donna
Subject: RE: Committee appointments
Thank you.
Any further improvements on the meeting recordings?
Also, is my application for the board member review committee still active?
From: Bartle, Donna [mailto:dbussey@coab.us]
Sent: Tuesday, January 17, 2012 5:08 PM
To: de-luna-jax
Subject: FW: Committee appointments
FYI.
Donna
5
From: Alan Jensen [mailto:alan@ajensenlaw.com]
Sent: Saturday, January 14, 2012 9:55 AM
To: Beckenbach, Mark
Cc: Hanson, Jim
Subject: Committee appointments
Mark: I had a nice talk with Ben Deluna after our Code Enforcement Board meeting this past Tuesday evening. He asked that I
correct the statement I made at the meeting on 1/9 that he did not call me back after my office called him in December.
Apparently there was a mistake in my office and he was not contacted. I thought he had been because his name was checked
off, like the others who in fact were contacted. I apologized to Ben for any inconvenience and told him I would correct that
information with you. If you have any contact with him, I would appreciate you informing him of this e-mail, since I do not have his
e-mail address.
Also, Brooks Rathet called me a couple of days ago, but I have spent the last several days mostly in court, so I have not
spoken with him yet. I will call him early next week. Let me know if you need anything further. Alan
ALAN C. JENSEN, ESQUIRE
935 North Third Street
P.O. Box 50457
Jacksonville Beach, FL 32240-0457
(904) 246-2500
(904) 246-9960 FAX
Alan@AJensenLaw.com
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