TOWN OF GOLDEN BEACH
One Golden Beach Drive
Golden Beach, FL 33160
OFFICIAL MINUTES
MARCH 15, 2005
TOWN COUNCIL WORKSHOP
6:15 P.M.
Sunshine Law/Ethics Training Workshop
A. Mayor Glenn Singer called the workshop to order at 6:25 p.m.
Council in attendance: Mayor Glenn Singer, Vice Mayor Judy Lusskin, Councilman Ben Einstein, Councilman Joe Iglesias, Councilman Al Paruas
Staff in attendance: Town Manager Bonilyn Wilbanks-Free, Police Chief James Skinner, Town Attorney Paul Eichner, Building Official Dan Nieda, Building Manager Linda Epperson, Finance Director Maria Camacho, Town Manager’s Assistant Zoraya Roncallo, and Town Clerk Cathy Szabo
B. Presentations:
Town Attorney Paul Eichner
Sunshine Law
The basic rule concerning the Government in the Sunshine Law (Chapter 286 of the Florida Statutes) applies equally to elected and appointed public bodies. The Sunshine Law applies to any gathering of two or more members of the same body to discuss some matter which will foreseeably come before that body for action. There is no requirement that a quorum be present for a meeting of members of a public body to be subject to the public meetings section 286.011, Florida Statutes. Instead the law is applicable to any gathering, whether formal or casual, of two or more members of the same body to discuss some matter on which foreseeable action which be taken by that body. Once the body is formerly convened, the discussions and deliberations among the members, as well as the formal action taken by them, is not in violation of
the Sunshine Law. Advisory committees and/or subcommittees also come within the province of the Sunshine Law. Therefore, if the role of the committee is an integral part of the decision-making process of the Town Council, it is subject to the Sunshine Law.
NOTICE
Key element of the Sunshine Law is the requirement that public bodies subject to the law provide “reasonable notice” of all meetings. The Sunshine Law only requires that reasonable public notice be given. A public agency, however, may be subject to additional notice requirements imposed by other statutes, charter, or code. In such cases, the requirements of that statute, charter, or code must be strictly observed.
PARTICULARS
a. Written correspondence between board members
The use of a written report by one board member (or council member) to inform other board members (or council member) of a subject which will be discussed at a public meeting is not a violation of the Sunshine Law if prior to the meeting there is no interaction related to the report among the members. In such cases, the report, which is subject to disclosure under Public Records Law, is not being used as a substitute for action at a public meeting as there is no interaction among members or council members prior to the meeting.
If however, the report is circulated among board members (or council members) for comments with such comments being provided to other members, there is interaction among the board members (or council members), which is subject to the Sunshine Law.
b. Telephone conversations and meetings
The Sunshine Law applies to the deliberations and discussions between two or more members of a public body on some matter, which foreseeably will come before them for action. The use of a telephone to conduct such discussions does not remove the conversation from the requirements of Sunshine. The Sunshine Law does not absolutely prohibit public boards or commissions or councils from conducting their business by telephone; it requires only that such discussions comply with the requirements of that statute and of local ordinances.
c. Use of computers
The use of computers to conduct public business is becoming increasingly commonplace. While there is no provision generally prohibiting the use of computers to carry out public business, their use by members of a public body to communicate among themselves on issues pending before them is subject to the Sunshine Law. E-mails are a form of communication and cannot be used to circumvent public records law or to circumvent Sunshine Law. At this time, Town Manager Wilbanks-Free advised the council that their emails should be saved and offered her assistance.
POTENTIAL SCENARIOS-DOES THE SUNSHINE LAW APPLY?
1. Members-elect
Members-elect of board or commissions are subject to the Sunshine Law
2. Members of different board
The Sunshine Law does not apply to a meeting between individuals who are members of different boards unless one or more of the individuals has been delegated the authority to act on behalf of his board.
3. A mayor and a member of the city commission
Meetings between the mayor (a mayor who is a member of a commission/council that has a voice in decision-making through the power to break tie votes) and a member of the city commission/town council to discuss some matter, which will come before the city commission/town council, are subject to the Sunshine Law.
4. A board member and his alternate
5. Community forums sponsored by private organizations
6. Social events
Members of a public board, commission or council are not prohibited under the Sunshine Law from meeting together socially, provided that matters which may come before the board, commission or council, are not discussed at such gatherings.
When two or more members of a public board are attending or participating in meetings or other functions unconnected with their board (council) they must refrain from discussing matters on which foreseeable action may be taken by the board (council) but are not otherwise restricted in their actions.
Attached to the minutes is a copy of the Town of Golden Beach Sunshine Law Presentation by Town Attorney Paul Eichner
Robert Meyers
Miami-Dade County Commission on Ethics
Amendments to the Conflict of Interest and Code of Ethics Ordinance
As of January 2005
Gifts (e)
Gift disclosure having a value in excess of one hundred dollars ($100.00). Said disclosure shall be made by filing a copy of the disclosure form required by Chapter 112, Florida Statutes, for “local officers” with the clerk of the Board of the Board of County Commissioner simultaneously with the filing of the form with the Secretary of State.
Penalty
(1) Proceeding before Ethics Commission
A finding by the Ethics Commission that a person has violated this section shall subject said person to an admonition or public reprimand and/or a fine of two hundred fifty dollars ($250.00) for the first such violation and five hundred dollars ($500.00) for each subsequent violation.
(2) Prosecution by State Attorney in State court
Every person who is convicted of a violation of this section in State court shall be punished by a fine not to exceed five hundred dollars ($500.00) or imprisonment in the County Jail for not more than thirty (30) days, or by both such fine and imprisonment.
Conflict of Interest and Code of Ethics Ordinance
Voting Conflicts 2-11.1(d)
(A) Commissioners may not vote on matters in which they would or might, directly or indirectly, profit or be enhanced by the vote.
(B) Commissioners may not vote on any matter in which they have any of the following relationships with the person or entity which might be directly or indirectly affected by the Board action: officers, director, partner, of counsel, consultant, employee, fiduciary, beneficiary; stockholder, bondholder, debtor or creditor.
(C) Commissioners may not vote on matters or participate in discussion regarding matters in which the decision will affect them in a matter distinct from the matter in which it will impact the public generally.
Gifts 2-11.1(e)
(A) Anything of economic value, including meals, travel, loans, entertainment, hospitality or a promise of such without adequate consideration.
(B) It is unlawful to solicit or demand a gift in exchange for an official duty or public auction.
(C) All gifts or series of gifts [within a quarterly period], which exceed $100.00 in value, must be reported. Food and beverages consumed at a single meal are considered a single gift and shall not be reported if the value for that meal does not exceed $100.00.
(D) Exemptions include the following:
i. Gifts solicited for official City Business (city sponsored events, charitable activities and other city authorized events)
ii. Gifts exchanged between co-workers, relatives and friends
iii. Political contributions; awards for civic and professional achievement; materials that are solely informational or advertising in nature
iv. Gifts solicited by Commissioners on behalf of any nonprofit organization for use by that organization where neither the Commissioner nor his or her staff where neither the Commissioner for his or her staff receives any compensation as a result of the solicitation.
(E) When officials solicit for charitable organizations and professional associations unrelated to official City business they:
i. Cannot exploit official position; i.e., mention that he or she is an elected /appointed official
ii. Cannot use city letterhead or other resources to solicit contributions on behalf of the non-profit or charity
iii. Cannot solicit during public meetings
iv. Cannot target specifically city vendors or coerce employees and citizens to contribute
Exploitation of Official Position 2-11.1(g)
Elected officials, city managers, department heads, city attorneys may not use or attempt to use their official position to secure special privileges and exemptions for themselves or others.
Appearances 2-11.1(m)(1)
Elected officials may not appear before any City board or agency and make a presentation on behalf of a third person with respect to any license, contract, ruling, decision, opinion, etc…or other benefit sought by the third person.
Elected officials may not receive compensation, directly or indirectly, or in any form, for services rendered to a third person who has applied for or is seeking some benefit from the City or a City agency.
Appearance broadly defined to mean that one cannot submit documents or correspondence, appear in meetings with staff or appear before any board or agency on behalf of a client, organization, [non] profit.
Actions Prohibited When Financial Interests Involved 2-11.1(n)
Elected officials, city manager, department heads, city attorneys shall not participate in any official action directly or indirectly affecting a business in which he or any member of his immediate family has a financial interest.
Acquiring Financial Interest 2-11.1(o)
Elected officials, city managers, department heads, city attorneys shall not acquire a financial interest in a project, business entity or property at a time when they believe or have reason to believe that the said financial interest will be directly affected by their official actions or by official actions by the City.
Citizens’ Bill of Rights
Truth in Government No county or municipal official or employee shall knowingly furnish false information on any public matter, nor knowingly omit significant facts when giving requested information to members of the public.
Public Records All audits, reports, minutes, documents and other public records of the county and the municipalities and their board, agencies, departments and authorities shall be open for inspection at reasonable times and places convenient to the public.
Right to be Heard So far as the orderly conduct of public business permits, any interested person has the right to appear before the commission or any municipal council or any county or municipal agency, board or department for the presentation, adjustment or determination of an issue, request or controversy within the jurisdiction of the government entity involved. Matters shall be scheduled for the convenience of the public and the agenda shall be divided into approximate time periods so that the public may know approximately when a matter will be heard. Nothing herein shall prohibit any governmental entity or agency from imposing reasonable time limits for the presentation of a matter.
Right to notice Persons entitled to notice of a county or municipal hearing shall be timely informed as to the time, place and nature of the hearing and the legal authority pursuant to which the hearing is to be held. Failure by an individual to receive such notice shall not constitute mandatory grounds for canceling the hearing or rendering invalid any determination made at such hearing. Copies of proposed ordinances or resolutions shall be made available at a reasonable time prior to the hearing, unless the matter involves an emergency ordinance or resolution.
Attached to the minutes is a copy of the Town of Golden Beach Ethics Presentation by Robert Meyers.
C. Adjournment 7:00 p.m.
ATTEST:
Cathy Szabo
Cathy Szabo, CMC
Town Clerk
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