01-14-2004 - Workshop
.
OHE CITY OF EDOEWATER
. , POST OFFICE BOX 100 · EDGEWATER, FLORIDA 32132-0100
Mayor Donald A. Schmidt
District 1 Councilman James P.Brown
District iCouncilman Dennis A. Vincenzi
District 3 Councilwoman Harriet E. Rhodes
District 4 Councilwoman Judith R. liChter
City Manager Kenneth R. Hooper
City Attorney Scott A. Cookson
City Clerk Susan J. Wadsworth
Asst. City Manager Elizabeth J. McBride
Paralegal Robin L. Matusick
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January 5, 2003
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-PUBLIC NOTICE-
Edgewater's City Attorney Scott Cookson and associates from Foley & Lardner will present
a Florida in the Sunshine Law information session to the members of City Boards and Committees
on Wednesday, January 14,2004, from 5 :00 to 6:00 p.m. in the Community Center, 102 N. Riverside
. Drive. .
Immediately following the Sunshine Law session, there will be briefing by the Mayor and
CitY Council to the Planning and Zoning Board on their roll as Board members.
Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter
considered at a meeting or hearing, that individual will need a record of the proceedings and will need to insure that
. a verbatim record of the proceedings is made. The City does not prepare or provide such record.
In accordance with the Americans with Disabilities'Act, persons needing assistance to participate in any of
. these proceedings should contact City Clerk SUsan Wadsworth, 104 N. Riverside Drive,. Edgewater, Florida, telephone
number 386-424-2407, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay
operator at 1-800-955-8771.
:ejrn
CITY MANAGER'S OFFICE
104 NORTH RIVERSIDE DRIVE
(386)424-2404 FAX-(386)424-2421
e-mail: Khooper@cltyofedgewater.org
J:\liz-doc:\meetingnotices\publicnoticeO 11404
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FLORIDA PUBLIC RECORDS LAW
(January, 2004)
By Scott Cookson
(A) PurpOse.
Statement of policy of Public Records Law ~ 119.01
It is the policy of this state that all state, county, and municipal records shall at all
times be open for a personal inspection by any person.
· The policy is to ensure that the state's citizens may freely and directly observe
actions of their government.
· Know what it is tlie government is doing.
· There should be very few secrets.
(B) Law. Chapter 119, Florida Statutes
(1) Right of inspection and examination ~ 119.07(1)(a)
Every person who has custody of a public record shall permit the record to be
inspected and examined by any person desiring to do so, at any reasonable time,
under reasonable conditions, and under supervision by the custodian of the public
record or his designee....
· Resident of Georgia?
· Citizen of Iraq?
· Person incarcerated?
· Non-persons such as a County?
· Any person. "Whether he or she is the most outstanding civil citizen or the most
heinous criminal."
· Wants public record to copy and sell "make money"?
· Nefarious reason?
· Refuses to give reason at all?
· No reason is necessary. "Even though a public agency may believe that a person
or group are fanatics, harassers or are extremely annoying, the public records are
available to all. "
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(2) Confidential or specifically exempted records ~ 119.07(3)(a)
All public records which are presently provided by law to be confidential or which
are prohibited from being inspected by the public...are exempt from the provisions
of subsection (1). '
(C) Construction.
Liberally construed to provide broad access to public records. There is seldom any real
debate as to whether information prepared or received by the City is a public record;
the real inquiry is generally whether there is any legislatively created exemption which
would make the public record confidential and not subject to disclosure.
· Law: Liberally construed.
· Exceptions: Narrowly construed.
(D) Who Do Public Records Laws Apply To?
" Agency" means any state, county, district, authority, or municipal officer,
department, division, board, bureau, commission, or other separate unit of government
created or established by law and any other public or private agency, person,
partnership, corporation, or business entity acting on behalf of any public agency.
(E) What Are Public Records?
(1) Definition: "Public Record" means all documents, papers, letters, maps, books,
tapes, photographs, fllnis, sound recordings or other material, regardless of
physical form or characteristics, made or received pursuant to law or
ordinance or in connection with the transaction of official business by the
City .
Also,
Any material prepared in connection with official agency business which IS
intended to perpetuate, communicate, or formalize knowledge of some type.
· Mayor during City Commission Meeting doodles on pad. Is it a public record,
can he toss it in the trash?
· Jot down notes during a telephone call as personal reminder of issues. Not a
public record as long as preliminary and only for personal use.
· Just because it is handwritten do not assume it is not a public record.
"Handwritten notes prepf,lred bi a. council member regarding research on a matter
under consideration by the council and used at a workshop meeting as a reference
in discussing the member's position are public records. "
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· Key is communicated and intent to convey knowledge. Note to file, even though
not communicated, does convey knowledge and is a public record.
· Beware of preliminary or working drafts - these are public records.
(2) Items NOT considered public records.
Notes or drafts which constitute mere precursors of governmental records, and are
not, in themselves, intended as final evidence of the knowledge to be recorded.
Examples include rough drafts; notes in preparing some other document; tapes or
notes taken in dictation; and notes taken during meetings for personal reference (if
not to communicate).
· It is only those uncirculated materials which are merely preliminary or precursors
to future documents, and which are not in and of themselves intended to serve as
final evidence of the knowledge to be recorded, which fall outside the definitional
scope of public records.
(3) Key Determination.
Was the purpose of the communication to communicate or formalize knowledge?
It is not required that the information be a part of the final product ofthe City.
(4) Examples of Public Records.
1.
Inter-office or intra-office memos. Even if preliminary and not intended
to be a part of the City's fmal product they do constitute public records,
because they evidence the knowledge obtained in transacting official
business.
2. Personnel Files. Other than certain medical records and law
enforcement officer information (specific exemptions) personnel files are
open to public disclosure.
3. Disciplinary Actions. Generally open to public disclosure, except for
some criminal related investigations or pending investigations.
4. Utility Records. Applications and billing.
5. Contracts and Leases.
6. Letters. If .contents communicate opinions, ideas or knowledge about
official City business.
· Minutes of city council meetings are public records once minutes have been
prepared by clerk even though minutes have not been sent to city council members
and have not been officially approved by the city council.
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7. E-mail messages. E-mail messages sent Dr received pursuant to' the
transactiDn Df official business is cDnsidered a public recDrd absent a
specific exceptiDn. Applies whether e-mail is received at City, hDme Dr
wDrk CDmputer.
8. PersDnal WDrk DO. City CDmputer. PersDnal e-mail received Dr sent Dna
City cDmputer arenDt cDnsidered public recDrds. 28 Fla. L. Weekly
S682 (Fla. Sept." 11, 2003). Receiving an e-mail at hDme dDes nDt
subject the hDme cDmputer to' inspectiDn.
(F) Confidential Public Records Exempt From Public Disclosure.
(1) Criminal. Criminal intelligence and investigative infDrmatiDn.
(2) Law EnfDrcement Pers.Dnnel. HDme address, telephDne numbers, sDcial security
numbers, and phDtDgraphs Df active Dr fDrmer law enfDrcement persDnnel.
ExemptiDn is autDmatic if Agency that is custDdian Dfthe abDve infDrmatiDn is the
emplDyer Df the law enfDrcement Dfficer. If the Agency is nDt the emplDyer Df the
law enfDrcement Dfficer, then the infDrmation is only exempt frDm public
disclDsure if such individual requests cDnfidentiality in writing.
· Also exempts information relating to firefighters, judges, state attorneys, state
prosecutors, county l!-nd municipal code inspectors and code enforcement officers.
· What if a city code inspector i$ arrested or violates a code provision? No
protection - disclose it. Pu61ic Records law exemptions are intended to ensure
the safety of the exempt persons and not to prevent disclosure of information
relating to a violation of law outside the scope of employment.
· What about an undercover police officer? Always exempt. "Any information."
(3) AttDrney CDmmunicatiDns. LitigatiDn Matters/ AttDrney WDrk Product Dnly if
prepared by attDrney Dr at attDrney' s directiDn, reflecting a mental impressiDn
Dr legal strategy fDr a .current Dr imminent adversarial proceeding, and Dnly
exempt until cDnclusiDn Df proceeding.
· Exemption for sealed bids (Jr proposals received pursuant to an invitation to bid or
request for proposals until such time as the agency provides notice of a decision
or intended decision or within 10 days after bid or proposal opening, whichever is
earlier. Financial information of a bidder.
· Attorneys records.
· Social Security Numbers held by the City may only be released as provided in the
statutory exemption.
· Appraisal information for ref!! property purchases by the City.
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(G) General Considerations.
(1) Request may be made in writing, over the telephone or in person.
· Can charge a reasonable fee for copies.
· Does an indigent person receive copies for free? No.
· Can charge for "extensive use of resources" above 15 cents per copy.
(2) City may not require a "special interest" or "purpose" as a prerequisite to
disclosure.
(3) City cannot delegate the record keeping function to another entity to avoid or
evade the public records act.
(4) City is permitted a reasonable time to respond (considering time to locate,
review for confidential information, copy, and refile the requested information).
An automatic delay (such as 48 hrs) is not permissible.
(5) Should an official determine that confidential information is contained in a
requested record, the confidential portion should be deleted or excised and the
remainder disclosed. This should only be done in consultation with the City
Attorney.
(6) If requested public records are exempt from disclosure, a specific statutory
reference must be provided in writing if requested.
(7) Public records cannot be removed from the office or building in which they are
customarily used except to accomplish official purposes.
. Public records should be kept in the building in which they are used.
(8) If request is made for information not considered a public record, official shall
not dispose of the information for at least 30 days after a written request in case
a civil action is to be filed.
(H) Retention and DispOsal of Public Records.
(1) As far as practical, records should be kept in a safe, accessible and convenient
location in building in which they are ordinarily used.
(2) The City has adopted a Records Retention Schedule which must be complied
with.
(I) Consequences For Violation of Public Records Law.
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006.314144.1
(1) Any public officer who violates any provision of ChaR~er 119 is guilty of a
noncriminal infraction, punishable by a fine not to exceed $500.00. .
(2) Any person who willfully and knowingly violates the provisions of Chapter 119
is guilty of a first degree misdemeanor, punishable by up to 1 year in jail and a
$1,000.00 fine.
(3) A public officer who knowingly violates ~119.07(1) is subject to suspension and
removal or impeachment.
(4) A person requesting public record may bring a civil action to force disclosure.
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FLORIDA SUNSHINE LA W UPDATE
(January 2004)
By Paul E. Rosenthal
for City of Edgewater
(A) The Sunshine Law - Section 286.011, Florida Statutes
"All meetings of any board or commission of any...
municipal corporation... at which official acts are to be
taken are declared to be public meetings open to the public
at all times, and no... formal action shall be considered
binding except as taken or made at such meeting. The
board or commission must provide reasonable notice of all
such meetings. "
(B) The Florida Constitution - Article I, Section 24
"All meetings... at which official acts are to be taken or
at which public business of such body is to be transacted
or discussed shall be open and noticed to the public... "
(C) Purpose
To prevent at non-public meetings the crystallization of
secret decisions to a point just short of ceremonial
acceptance.
(D) Construction
Liberally construed to prevent evasive devices which
frustrate purpose. Construed to assure that both
discussions and decisions are made in a public forum.
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(E) Who Does Sunshine Law AImIY to?
(1) The City Commission (i.e., elected officials).
(2) All Boards and Committees approved by the City
Commission (Le., appointed members).
(3) All Advisory and Ad Hoc Committees or Boards
appointed by the City Commission, the Mayor or a
member of the Commission to represent the City in
some manner or to make recommendations to the
City, even though they have no power to bind the
City .
(4) One member if decision making authority has been
delegated on behalf of the decision making authority
(Le., a City Commissioner is designated to interview
a candidate and report back to the Commission).
(5) Workshop meetings.
(6) Staff - When a staff member ceases to function in a
staff capacity and is appointed to a committee
delegated with authority to make recommendations,
the staff member becomes subject to the Sunshine
Law and cannot communicate with other members of
the Committee..
(7) Staff committees which provide structured
recommendations which either limit or rank choices
for the ultimate decision maker (Le., a bid review
006.148149.6
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committee) even if such committees report to the City
Manager rather than the City Commission.
(8) Members-elect of boards or commissions.
(F) Who Does the Sunshine Law NOT AIm!Y to?
(1) Staff when they are performing normal staff
functions. This would include a staff committee
conducting fact finding. Also, informal meetings of
staff where no formal action is taken are not subject
to the Sunshine Law.
(2) Purely fact finding committees that make no
recommendations.
(3) City Manager is not subject to Sunshine Law so long
as he is not acting as a liaison between members.
(4) Meetings between members of different Boards (i.e.,
City Commissioner and member of P&Z). However,
note that communication not permitted if a quasi-
judicial proceeding.
(5) Meetings at social events so long as the members do
not discuss with each other matters that may come
before their Board.
(6) Candidate nights and political forums.
(7) Candidates for public office.
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(G) What Does it Mean to be Subject to the Sunshine Law?
(1) It means that you cannot meet or otherwise
communicate with a member of your Commission,
Board or Committee to discuss a matter on which
foreseeable action may be taken by your
Commission, Board or Committee.
(2) There is no right to meet on a confidential basis.
(3) It does mean that you cannot talk about the public
business with other members except at a public
meeting.
(H) Is Communication By E-Mail or Memorandum Sub~
to Sunshine Law?
(a) E-Mail communication of factual background
information from one member of a board to
another member of the board not a "meeting"
and therefore not subject to the Sunshine Law.
However, the Sunshine Law would be violated if
a reply is made which results in an exchange of
comments or responses on subjects requiring
council action.
(b) Distribution of personal position statements to
other members of the Board does not violate the
Sunshine Law, but is strongly discouraged by
the Attorney General. However, if the position
statement is a responsive statement to a previous
006.148149.6
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communication, then the statement would violate
the Sunshine Law.
(c) A written report by a Board member to inform
other Board members of the subject which will
be discussed at a public meeting does not violate
the Sunshine Law. Again, there can be no
response to the report.
(d) The circulation of a report among Board
members for comment which comments are
provided to the other Board members does
violate the Sunshine Law.
( e) The use of an electronic newsletter to facilitate
communication among members on matters
which may foreseeably come before them for
action does violate the Sunshine Law.
(f) All such e-mails, memoranda and position
statements are public records.
(I) Does the Sunshine Law Require that Members Be
~sically Present at a Meeting?
(a) A quorum of members must be physically
present in order to conduct business at a
meeting. However, the Sunshine Law applies
regardless of whether or not a quorum is
present.
(b) Where it is contemplated that a meeting will be
held in a public place with members physically
006.148149.6
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present, the participation of an absent member
by telephone conference or on the Internet
should be permitted only under extraordinary
circumstances and when a quorum is physically
present at the meeting. The Board must be the
judge of the extraordinary circumstances.
( c) A member who is unable to attend a meeting due
to a serious medical condition could participate
and vote in a meeting by using an interactive
video and telephone system without violating the
Sunshine Law if a quorum is physically present.
(d) A local Board may conduct informal discussions
and workshops over the Internet provided that
proper notice is given and interactive access by
members of the public is provided. Computers
must be made available at a designated location
for members of the public who do not otherwise
have Internet access and public notice of such
location must be given. No formal action may
be taken at such Internet meetings unless a
quorum is physically present.
(J) Attendance by City Commissioners at Meetings other
than City Commission Meetings
(1) One or more Commissioners may attend the meeting
of another Board or Committee, even if another City
Commissioner is on the Board or Committee.
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(2) Commissioners may address other Boards and
Committees even if it relates to a matter which will
foreseeably come before the City Commission for
action or if another City Commissioner is on the
Committee, but (a) cannot engage in a dialogue or
conversation, and (b) should avoid any such
participation in quasi-judicial proceedings.
(3) Any such meetings at which two or more
Commissioners are present must be publicly noticed
and held in the sunshine.
(4) Comments at such meetings must be directed to the
Board and cannot be a vehicle to engage in dialogue
with other members of the Commission.
(5) If a Board has been advised that a City Commissioner
plans to attend and speak, it may be advisable to
include in the meeting notice a statement regarding
such possible attendance and participation.
(6) Commissioners can attend private or public forums at
which other Commissioners are present and express
positions on issues facing the City Commission, but
cannot discuss or debate the issues with other
Commissioners in attendance.
(7) Caution needs to be exercised when a quasi-judicial
proceeding is involved and the matter will come to
the City Commission for final action.
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(K) Practical Considerations in A~ the Sunshine Law
(1) Staff cannot act as liaison between members and
communicate information between members.
(2) Rapid succession meetings with staff in order to
avoid public discussion of a controversial issue
constitutes a "defacto" meeting in violation of
Sunshine Law. However, board members can
privately meet with staff for informational purposes
or on an ad hoc basis.
(3) Cannot take straw poll in advance of meeting.
(4) Telephone calls between two members of the same
body are subject to Sunshine Law.
(5) Cannot use a non-sunshine forum to carry on a
dialogue with another member.
(6) Secret ballots are prohibited.
(7) Cannot discuss matters during a recess.
(8) Cannot whisper comments so they cannot be heard by
others.
(9) Luncheon meetings are discouraged.
(10) Conversations by the City Commission, a Board or
Committee with City Attorney are subject to
Sunshine Law, except for certain limited
circumstances involving litigation or collective
bargaining.
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(11) Can tell a newspaper reporter how you intend to vote
on an issue as long as reporter is not used as an
intermediary to circumvent Sunshine Law.
(12) The entire decision making process is subject to the
Sunshine Law, not merely the meeting at which a
final vote is taken.
(L) ~uirements in Order to Comm.v with Sunshine Law
(1) Meeting must be open to the public
(a) Size of meeting room must be sufficient for
anticipated turnout.
(b) Building must meet ADA requirements.
(c) Cannot request that a member of the
"voluntarily" leave the room.
public
(d) Staff cannot be excluded from meeting.
(e) Public right to videotape meeting
nondisruptive manner.
(2) Reasonable notice of meetine.
(a) Type of notice varies; Le., posting; advertising
in newspaper; contacting media.
.
In a
(b) Notice should be at least 24 hours in advance.
(c) Notice should include time and place of meeting
and general subject matter.
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(d) Agendas should be available, but are not
required. If meeting is properly noticed, the
board may deviate from the published agenda in
accordance with its local procedures.
(3) Minutes must be taken
(a) Must include record of all votes cast, but roll
call vote not required.
(b) Need not be a verbatim transcript.
(c) Minutes must be approved by a vote at a public
meeting.
(d) Any revisions to minutes must be discussed at a
public meeting.
(4) Public ri2ht to participate in meetin~
(a) Input from public is implied as Sunshine
requirement. a
(b) Public has a general right to participate and
make their views known.
(c) No absolute or clear standard on right to
participate in meeting.
(5) Action must be taken at a public meeting.
(a) Committee members cannot submit
comments/rankings and avoid a meeting.
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(6) Meetings must be held at non-discriminatorx
facility...!.
(a) Meetings must be held at a facility or location
which does not discriminate on the basis of sex,
age, race, creed, color, origin or economic
status.
(M) Penalties for Violation of Sunshine Law
(1) Second Degree Misdemeanor punishable by up to 60
days in jail and a $500.00 fine for "knowingly"
violating Sunshine Law. Requires proof of
know ledge and intent.
(2) Noncriminal (civil) infractions punishable by fine of
up to $500.00 for violating Sunshine Law.
(3) Whenever an action is filed against a board or
commission for violation of the Sunshine Law and
the Court finds a violation, the Court will award
reasonable attorney's fees. These attorney's fees
may be assessed against the individual member unless
they acted on the advice of the City's attorney.
( 4) Possible removal from office.
(5) Action taken in violation of Sunshine Law is void ab
initio.
(6) Board must reconsider action and take independent
final action at a new meeting which complies with
Sunshine Law. A sunshine violation will not be cured
006.148149.6
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by a perfunctory ratification of action taken in the
sunshine.
(N) Conclll~ion
If in doubt, ask before you act. Usually, if you are unsure,
the answer is that the action you are contemplating is
subject to the Sunshine Law.
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VOTING CONFLICTS
(January 2004)
By: Ed Storey
(A) VOTING LAW:
(1) Each elected and appointed official is required to vote on all matters
unless there is a voting conflict. See Section 286.012, Florida Statutes
Voting requirement at meetings of governmental bodies.--No member of any
state, county, or municipal governmental board, commission, or agency who is
present at any meeting of any such body at which an official decision, ruling, or
other official act is to be taken or adopted may abstain from voting in regard to
any such decision, ruling, or act; and a vote shall be recorded or counted for each
such member present, except when, with respect to any such member, there is, or
appears to be, a possible conflict of interest under the provisions of s. 112.311, s.
112.313, or s. 112.3143. In such cases, said member shall comply with the
disclosure requirements ofs. 112.3143.
(2) Each elected and appointed official must abstain from voting if
there is a voting conflict. See Section 112.3143(3)(a), Florida
Statutes:
Voting conflicts.-- 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; which he or she knows would inure to the special private gain
or loss of any principal by whom he or she is retained or to the. parent
organization or subsidiary of a corporate principal by which he or she is retained,
other than an agency as defined in s. 112.312(2); or which he or she knows would
inure to the special private gain or loss of a relative or business associate of the
public officer. . .
(B) PURPOSE:
To prevent officials from using public office for private gain and to ensure
an independent and impartial government.
006.314153.1
(C) CONSTRUCTION:
Section 112.316, Florida Statutes.
It is not the intent of this part, nor shall it be construed, to prevent any officer or
employee of a state agency or county, city, or other political subdivision of the
state or any legislator or legislative employee from accepting other employment
or following any pursuit which does not interfere with the full and faithful
discharge by such officer, employee, legislator, or legislative employee of his or
her duties to the state or the county, city, or other political subdivision of the state
involved.
(D) WHO DOES VOTING CONFLICTS LAW APPLY TO?
"Public officer" includes any person elected or appointed to hold office in any
agency, including any person serving on an advisory body. 9ll2.3l43(1)(a)
(E) WHOSE INTEREST QUALIFIES AS A CONFLICT?
(1) The Public Officer;
(2) Relatives:
"Relative" means any father, mother, son, daughter, husband, wife,
brother, sister, father-in-law, mother-in-law, son-in-law, or daughter-
in-law. 9112.3l43(1(b)
(3) Principal by whom the public officer is retained:
(a) Officer's Employer
(b) A client of the officer's legal or other professional practice
(c) Any corporation for which the officer serves as a compensated director
(d) Clients of an official who is an insurance agent
(4) Parent and subsidiary corporations of a principal:
(5) Business Associate:
"Business associate" means any person or entity engaged in or carrying on
a business enterprise with a public officer, public employee, or candidate
as a partner, joint venturer, corporate shareholder where the shares of such
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corporation are not listed on any national or regional stock exchange, or
co-owner of property.
(F) WHOSE INTEREST DOES NOT QUALIFY AS A VOTING
CONFLICT:
(a) Public Officer's Church
(b) Public Officer's Landlord
(c) Homeowner's Association in which the officer is an uncompensated
director
(d) Customer's of officer's store
(e) Next door neighbor
(f) Long time friend
(G) SPECIAL CONSIDERATIONS:
(1) Size of the Class Affected
(a) Large Class- a special gain will result only ifthere are circumstances
unique to the officer or principal under which he stands to gain more than
the other members of the class.
(2) Direct / Indirect Benefit
(3) Remote or Speculative Benefit
(4) Procedural or Preliminary Issues
(H) EXCEPTIONS:
(1) When the principal retaining the official is a public agency.
"Agency" means any state, regional, county, local, or municipal
government entity of this state, whether executive, judicial, or legislative;
any department, division, bureau, commission, authority, or political
subdivision of this state therein; or any public school, community college,
or state university.
(2) Public officers are not prohibited from voting on matters affecting their salary,
expenses, or other compensation as a public officer, as provided by law. F .S. 112.313(5).
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(3) Official may be required to refrain from participating in the decision, even if the
official abstains from voting on the matter.
a. Official may transact business with his or her agency when the business is
transacted through a sealed, competitive bidding process, but the official must file
a written disclosure prior to or at the time the bid is submitted (Commission Form
3A), and must not participate in the process.
b. An elected public officer may be employed by a "501 (c)" tax-exempt
organization that contracts with the officer's agency, as long as the officer's
employment is not compensated as a result of the contract, the officer does not
participate in the agency's decision to contract, and the officer abstains from
voting on matters involving the officer's employer and otherwise follows the
voting conflicts law. F .S. 112.313( 15) and CEO 97-05.
(4) NOTE: No exception to voting conflicts law exists even though the abstention
has the effect of preventing the local legislative body from taking action on the
matter.
(I) PROCEDURES:
1. Elected Officials
(1) Abstain from voting on the measure;
(2) Before the vote, publicly state to the assembly the nature of his or her interest in
the matter; and
(3) Within 15 days of the vote, file a Memorandum of Voting Conflict
(Commission Form 8B) with the person responsible for recording the minutes of
the meeting, who incorporates the form in the minutes.
II. Appointed Officials
Appointed officials must disclose their interest in the matter prior to
participating in a matter in which there is a voting conflict. See Section
112.3143(4), Florida Statutes
No appointed public officer shall participate in any matter which would inure to the
officer's special private gain or loss; which the officer knows would inure to the special
private gain or loss of any principal by whom he or she is retained or to the parent
organization or subsidiary of a corporate principal by which he or she is retained; or
which he or she knows would inure to the special private gain or loss of a relative or
business associate of the public officer, without first disclosing the nature of his or her
interest in the matter.
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006.314153.1
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"Participate" means any attempt to influence the decision by oral or written
communication, whether made by the officer or at the officer's direction.
(1) Non- Participating
(a) Same as elected officials
(2) Participating-
(a) Abstain from voting on the measure;
(b) Before "participating", official must disclose by either
(i) Filing the memorandum of voting conflict (Form 8B) prior to the
meeting, in which case the memorandum is to be provided immediately to
the other members of the agency and is to be read publicly at the next
meeting after its filing; or
(ii) If the disclosure has not been made prior to the meeting at
which the measure will be considered or the conflict was unknown prior to
the meeting, making the disclosure orally at the meeting before
"participating," followed by the written memorandum (Form 8B) within
15 days after the oral disclosure, which would be provided immediately to
the other members of the agency and be read at the next meeting after its
filing.
(J) PENALTIES FOR FAILURE TO DISCLOSE:
(1 ) Impeachment.
(2) Removal from office.
(3) Suspension from office.
(4) Public censure and reprimand.
(5) Forfeiture of no more than one-third salary per month for no more than 12
months.
(6) A civil penalty not to exceed $10,000.
(7) Restitution of any pecuniary benefits received because of the violation committed.
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006.314153.1
ROLE OF PLANNING AND ZONING BOARD
Defined by Article VIII of Land Development Code
I. Roles
A. Review and make recommendations related to planning matters to City
Council.
B. Act as Local Planning Agency (LPA) as required by Chapter 163.3174
F.S.
C. Authority to review, grant or deny conditional use permits and
variance applications. (appealable to City Council)
II. Planning Matters - These are matters that are presented to the P&Z Board for
public review, public comments and provide recommendation to the City
Council.
A. Annexation applications.
B. Rezoning applications.
C. Zoning agreements (development agreements).
D. Preliminary plats, subdivision plans, site plan 25,000 sq. feet and larger.
E. Final plat review.
Review of the listed planning matters (A-E) are related to consistency with
adopted Comprehensive Plan and Land Development Code.
III. Local Planning Agency (LPA)
A. Authority is described in Chapter 163.3174.
B. City Council designated LP A by Ordinance (Land Development Code)
C. Council may designate:
1. Governing board (City Council)
2. Planning and Zoning Board
3. Planning Department
4. Countywide authority Volusia Growth Management Commission
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(VGMC)
5. Joint planning agency serving two (2) or more jurisdictions.
D. Role - General responsibility for Comprehensive Planning Program.
Specifically:
1. Preparation of Comprehensive Plan (initial) and Amendments to
Comprehensive Plan.
2. Hold a public hearing concerning adoption of Comprehensive Plan
and Amendments for the purpose of making recommendations to
the governing board (City Council).
3. Monitor effectiveness of Comprehensive Plan (7 year Evaluation
and Appraisal Report).
4. Review Land Development Code adoption and Amendments.
5. Make recommendations to governing body concerning consistency
between adopted Comprehensive Plan and Land Development
Codes.
IV. Conditional Uses and Variances
A. P & Z Board may grant conditional uses in accordance with Article III
(LDC).
B. P&Z Board may grant variances to the LDC in accordance with Article
XIII (LDC).
C. Appeals of approval/denial or conditions submitted to City Council.
V. Summary
A. Role of P &Z Board is to review and make recommendations to City
Council concerning the Comprehensive Plan, Plan Amendments, Land
Development Code, Land Development Code amendments, development
applications and comment on consistency between Comprehensive Plan
and Land Development Code.
B. P&Z Board reviews and takes action concernmg conditional use
applications and variance applications.
C. Perform function duties and responsibilities as assigned by City Council.
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