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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 r 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 i 0 Al Alta 4 II Vii V I I 406 v 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 FRCS l C iZt E Gds i C L2S U P 14ND Cor gaLLtf aF paw L n cz Sc rz u o S tu 2 IL Los F j L r1U lh i J 21 aik vr Do 4i 7t1564 r6 h A71 i r c L 01 D G4 nAl c44 L edJ2 4514 L G147 P4M 93pRD c c 1318 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 r41 P 57 F oae wcru 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 Rgsub m f led 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 CONFIDENTIALITY NOTICE: The information and all attachments contained in this electronic communication are legally privileged and confidential, subject to the attorney-client privilege and intended only for the use of the intended recipients. If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by return e-mail and please permanently remove any copies of this message from your system and do not retain any copies, whether in electronic or physical form or otherwise. Thank you.