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EPTAB New Member Packet ATTACHMENT D ENVIRONMENT §54.28 ARTICLE I. IN GENERAL agement and protection of air, land, and water resources and environmental quality Secs. 54-1-54-25. Reserved. in the county. (2) Assist the board to establish goals and ob- jectives for the county's environmental con- ARTICLE II.ENVIRONMENTAL POLICY servation and management programs. TECHNICAL ADVISORY BOARD' (3) Assist the board in developing and revising, as appropriate,local rules, ordinances,reg- Sec. 54-26. Establishment. ulations,programs and other initiatives ad- dressing the use, conservation and preser- There is hereby established the environmental vation of the county's natural resources. policy technical advisory board,which shall herein be referred to as the EPTAB. (4) Assist in the implementation and develop- (Ord. No. 91-26, § 1) ment of the growth management plan re- garding environmental and natural re• Sec. 54-27. Authority; functions;powers and squrce issues. duties. (5) Assist the board in identifying and recom- mending solutions to existing and future (a) The environmental policy technical advi- environmental issues. sory board obtains its jurisdiction, powers, and limits of authority from the board of county corn- (6) Serve as the technical advisory committee missioners and, pursuant to this article, shall act to advise and assist the county in the ac- in an advisory capacity to the board in matters tivities involved in the development and im- dealing with the regulation,control,management, plementation of the county environmental use or exploitation of any or all natural resources resources management program as stated of or within the county. in Policy 1.1.1 of the conservation and coastal management element of the growth (b) The advisory board will function to: management plan. (1) Advise on the preservation, conservation, (7) Implement the water policy pursuant to protection, management and beneficial use chapter 90, article II of this Code. of the physical and biological natural re- sources (atmospheric, terrestrial, aquatic (8) Provide an opportunity for public comment and hydrologic) of the county in regard to on environmental issues, ordinances and the safety,health and general well-being of programs. the public; (Ord. No. 91-26, § 2) (2) Advise and assist the county staff and board Sec. 54.28. Membership. toward developing the purpose, intent and criteria of all county ordinances, policies, (a) The environmental policy technical advi- programs and other initiatives dealing with sory board shall be composed of 11 members who natural resources. shall be appointed by and serve at the pleasure of the board.Appointment to the advisory board shall (c) The powers and duties of the advisory board be by resolution of the board and shall set forth are as follows: the date of appointment and the term of office. Cl) Identify, study, evaluate, and provide tech (b) Vacancies on the advisory board shall be nical recommendations to the board on pro- publicized in a publication of general circulation grams necessary for the conservation,man- within the county, and vacancy notices shall be 'Cross reference—Boards,commissions and authorities,§ posted in the county libraries and county court- 2.816 et seq. house. Along with the applicant responses the CD54:5 I 54-28 COLLIER COUNTY CODE • board's staff shall provide the board with a list (f) For the full term of the initial appointments, outlining the qualifications and demographic back- the three members serving until September 30, ground of each candidate, including the.present 1994 and the two members serving until Sep- members seeking reappointment. tember 30, 1995 shall have demonstrated exper- tise in biology(including any of the subdisciplines (c) Members shall be permanent residents and such as botany, ecology,zoology,etc.)and/or wild- electors of the county and should be reputable and life management. After the expiration of these active in community service. initial terms of appointment, the vacancies may (d) The primary consideration in appointing the be filled by members demonstrating expertise in advisory board members shall be to provide the any of the abovementioned areas related to envi- board with technical expertise necessary to effec ronmental protection and natural resources man- tively accomplish the advisory board's purpose. agement. Members shall demonstrate evidence of expertise (g) Any member of the advisory board may be in one or more of the following areas related to removed from office by a majority vote of the board. environmental protection and natural resources management: air quality, biology (including any (h) Members shall be automatically removed if of the subdisciplines such as a botany, ecology, they are absent from two consecutive meetings zoology, etc.), coastal processes, estuarine pro- without a satisfactory excuse or if they are absent cesses,hazardous waste,hydrogeology,hydrology, from more than one-fourth of the meetings in a hydraulics, land use law, land use planning, pol given fiscal year. Members shall be deemed ab- lution control, solid waste, stormwater manage sent from a meeting when they are not present ment, water resources, wildlife management, or during at least 75 percent of the meeting. other representative areas deemed appropriate by (Ord. No. 91-26, § 3; Ord.No. 9148, § 1) the board such as, but not limited to, a represen- tative of the development community. Sec. 54-29. Officers and support staff. tech- (e) The initial terms of office of the members of (a) The officers of the environmental policy nical advisory board shall be a chairman and a the advisory board shall be as follows: vice-chairman. Officers' terms shall be for one (1) Three members will serve until September year,with eligibility for reelection.The chairman 30, 1992; and vice-chairman shall be elected by a majority vote at the organizational meeting and thereafter (2) Three members will serve until September at the first regular meeting of the advisory board 30, 1993; in October of each year. (3) Three members will serve until September (b) The chairman shall preside at all meetings 30, 1994; of the advisory board.The vice-chairman shall per- form the duties of the chairman in the absence or (4) Two members will serve until September incapacity of the chairman. In case of the re- 30, 1995. moval, resignation or death of the chairman, the After the initial term of appointment, each ap- vice-chairman shall perform such duties as are pointment or reappointment shall be for a term of imposed on the chairman until such time as the four years. All terms of office shall expire on Sep advisory board shall elect a new chairman.Should 30. Terms of office shall be limited to two the offices of chairman and/or vice-chairman be- temberconsecutive terms unless waived by the board by come vacant, the advisory board shall elect a sur a unanimous vote.A member may be reappointed cessor from its membership at the next regular by the board for only one successive term and shall meeting. Such election shall be for the unexpired apply with other applicants. Terms shall be stag term of said office. gered so that no more than a minority of such (c) Professional support staff for the advisory members' appointments will expire in any one board shall be provided by the environmental ser- year. vices division and such other county staff from CD54:6 ATTACHMENT E MAILING LIST OF EPTAB MEMBERS Tibor (Ty) Agoston Maureen McCarthy 360 - 10th Avenue, N.W. The Dorchester - #501 Naples, Florida 34120 6075 Pelican Bay Blvd. Home: 455-8400 Naples, Florida 34108 Work: None Home: 598-3857 Fax: 455-4310 Fax: 566-2483 Steven H. Bigelow William E.J. McKinney 1937 Empress Court 1898 Mission Drive Naples, Florida 34110 Naples, Florida 34109 Home: 514-0833 Home: 592-7124 Work: 455-8062 Work: 261-2244/114 Fax: 455-0853 Fax: 263-4218 Bradley Cornell Monty Robinson 556 - 109th Avenue, North 2 Tina Lane, Lot 242 Naples, Florida 34108 Naples, Florida 34104 Home: 592-7805 Home: 643-6320 Work: 597-0653 Work: 649-1551 Fax: 597-6683 Fax: 649-7112 Michael J. Delate Michael Simonik 3700 - 27th Avenue, S.W. 1450 Merrihue Drive Naples, Florida 34117 Naples, Florida 34102 Home: 455-5319 Home: 434-9736 Work: 262-4617 Work: 403-4222 Fax: 262-3074 Fax: 262-5872 Brenda C. Fogel Jan M. Stevens 1019 Broad Avenue, North 604 Crossfield Circle Naples, Florida 34102 Naples, Florida 34104 Home: 403-0412 (unlisted) Home: 403-9223 Work: 262-8800 x162 Work: 403-8811 Fax: 262-4276 Fax: Allen Morgan Kratz 10 Sabre Cay Naples, Florida 34102-7937 Home: 649-7697 Work: 643-4636 Fax: 649-7689 MEMORANDUM DATE: December 22, 1995 TO: Staff Liaisons to all County Commission Advisory Boards, Committees, Authorities and Task Force(s) FROM: David C. Weigel, County Attorney L -44:71___. SUBJECT: Distribution of Information Memo - Florid Governnment-In-The-Sunshine Law Provided herewith is a memorandum dated December 22, 1995 from the County Attorney to all staff liaisons for copying and distribution to all members of all advisory boards, committees, authorities and task force(s) established by the Collier County Board of County Commissioners. I hope this memorandum, covering some of the more practical and problematic aspects of the Florida Government-In-The-Sunshine Law applicable to public board or committee meetings, is helpful to the County staff and all board/committee members. Please make copies and distribute accordingly, and thanks for your help in this regard. dcwhw/I soon r ; ..A) r r GIc?. fi MEN-TT Ct$ MEMORANDUM DATE: December 22, 1995 TO: All Members of All Boards Established by the Board of County Commissioners (including Advisory Boards, Quasi-Judicial Boards and Ad Hoc Committees) FROM: David C. Weigel, County Attorney 4-, 4.4, 4e___ RE: Government-In-The-Sunshine Law (Section 286.011, Florida Statutes) As a result of several questions that our office has received from both advisory board members, staff members and members of the public attending meetings, I believe it would be helpful to summarize and clarify the Government-In-The-Sunshine Law to assure that advisory board members (including quasi-judicial board members and ad hoc committee members) are aware of the basic compliance requirements of that law. The Florida Government-In-The-Sunshine Law, Section 286.011, Florida Statutes, commonly referred to as the "Sunshine Law, " is a state statute which guarantees a public right of access to governmental proceedings and is equally applicable to elected and appointed boards. There are a few exceptions to the Sunshine Law, but for your purposes the Sunshine Law will almost always be applicable to you and your proceedings and, unless otherwise advised by this office, it is critical that you conduct your activities and proceedings with the understanding that the Sunshine Law is applicable to you in all situations. There are other requirements of_the Law that are usually addressed by County staff (e.g. , notice and minutes) , however this memo is intended only to address the Sunshine Law as it is applicable to the various board and committee members. This memorandum is not intended to be all-inclusive but rather only to remind you of the basic requirements of the law based on questions that I have recently received. The Sunshine Law prohibits the discussion by two or more members of the same board of any matter which is before that board or will foreseeablv come before that board for discussion or action, except at a properly noticed meeting of that board (staff handles the notice requirements) . In other words, if two or more board members are talking about county business which is handled by their board, the Sunshine Law considers such activity to be a "meeting" and reasonable notice must be given to the public of any meeting. The reason for this is to provide an opportunity for the public to be present at the board's decision-making process and to assure that the public All Members of All Boards Established by the Board of County Commissioners December 22, 1995 Page 2 is aware of how decisions are made. Below are some commonly asked questions and the answers which may clarify this issue for you. 1. Question: If I have a question about an issue which I know will be discussed at an upcoming meeting, can I communicate with another board member regarding the issue either in person or through the use of a telephone, a fax machine, a computer, letters or memos? Answer: It is a violation of the Sunshine Law to discuss the County business matter which you know will come before your board or which will foreseeably come before your board except at a properly noticed meeting. Although nothing prohibits you from calling another member to ask the time or location of a meeting, any discussion or communication. in person. by telephone or otherwise, of the substance, merits or issues of any County business matter before your board or which foreseeably will come before your board, is a violation of the Sunshine Law. 2. Question: If I am at a meeting of my board and we are on a "break, " can I discuss issues before the board with another member during that recess? Answer: It is a violation of the Sunshine Law to discuss matters which are before your board or which foreseeably could come before your board except while you're in session at a properly noticed meeting. Discussion in the hallway or on the way to the meeting or after the meeting are "outside of the sunshine" and are prohibited by the statute. 3. Question: If I am at a breakfast function with six people in attendance and one of them is also an advisory board member (same Board) for the County, is it a violation of the Sunshine Law if an issue to be considered by the advisory board is discussed and, if so, what if I consider it rude to leave the breakfast meeting to avoid being present during such discussion? Answer: I can only advise you on the law and the Sunshine Law requires that you and any other board member present refrain from discussing All Members of All Boards Established by the Board of County Commissioners December 22, 1995 Page 3 matters on which foreseeable action may be taken. The practical answer is to ask that the matter not be discussed or, at the very least, do not participate in the discussion at all (although some Attorney General Opinions do recommend that you actually leave the function, at least during the discussion of such matters) . 4. Question: A friend and I, prior to our appointment to an advisory board, always discussed matters that our board now addresses and the only reason we both joined the advisory board was to participate in the process and assist the County. Since we have always discussed these matters, can't we still do so even though we now belong to the same advisory board? Answer: There is no exception in the Sunshine Law for prior interest in the subject matter of the board or prior mutual interests of members of the board. Once you become a member of a county advisory board, the Sunshine Law is applicable and any such discussion of any matter which is scheduled to come before that board or which may foreseeably come before that board is a violation of the Sunshine Law. 5. Question: Can another member of my advisory board and I schedule a meeting with a prominent local businessman, or a local public official or the president of a civic group or any other person to discuss matters which are pending before our advisory board or which may foreseeably come before our advisory board, for example to solicit help or support? Answer: There is no exception to the Sunshine Law for this type of situation and it would be prohibited by the statute. There is no prohibition, however, if only one member of the advisory board is present at a private meeting. 6. Question: My advisory board has a membership of fifteen persons and there are five subcommittees of three members each. Are the subcommittees subject to the Sunshine Law? Answer: There is no exception to the Sunshine Law for subcommittees and all subcommittee meetings All Members of All Boards Established by the Board of Cot.nty Commissioners December 22, 1995 Page 4 should be noticed and the public have the opportunity to attend just as if it were a meeting of your full board. This matter will be discussed with the various staff liaisons to the advisory boards and, if it is not being done in every case, it will be done in the future. 7. Question: Can my advisory board adopt rules and policies for the conduct of the board's public meeting? And what about audio or video type recordings of meetings by members of the public? Answer: Reasonable rules and policies which ensure the orderly conduct of a public meeting and which require orderly behavior on the part of those persons attending a public meeting may be adopted by the board. A rule or policy which prohibits the use of nondisruptive or silent audio or video type recording devices or cameras by the media or others, however, is unreasonable and arbitrary and is, therefore, invalid. 8. Question: Are there any penalties for violation of the Sunshine Law? Answer: Any member of a board or commission of any state agency or authority of a county, municipal corporation or political subdivision (which includes all advisory boards) who knowingly violates the Sunshine Law is guilty of a misdemeanor of the second degree. The statutes also impose non-criminal penalties for violation of the Sunshine Law by providing that any public official violating the provisions of the Sunshine Law is guilty of a non-criminal infraction, punishable by a fine not exceeding five hundred dollars. It should be noted that the above situations would be prohibited by the Sunshine Law because they are defined as meetings (two or more advisory board members present) without reasonable public notice. The Sunshine Law does not prohibit members of the same board from socializing, attending functions together, golfing or any other activity as long as matters which are pending before their board or which may foreseeably come before their board are not discussed. All Members of All Boards Established by the Board of County Commissioners December 22, 1995 Page 5 If after reading this memo you have come to the conclusion that the Sunshine Law is construed very strictly and that it places a strict prohibition on your ability to discuss your board's issues with other board members outside of a public meeting, you are absolutely correct. The courts do construe the Sunshine Law very strictly, and I'm sure they will continue to do so. I know that the Board of County Commissioners has always been very appreciative of the work that is done by the members of its various boards and committees and neither the Board of County Commissioners nor this office would want any advisory board member to run into a problem in the course of your assistance to the County. Therefore, my advice would be to approach this issue cautiously and, when in doubt, assume the Sunshine Law applies. If you would like additional information regarding this matter or if I can provide further details regarding any issue addressed in this memo, please let me know. My office also has copies of the Government-In-The-Sunshine Manual, which is a very comprehensive and well written book prepared by the Attorney General's office, and we can provide that book to you on a loan basis or for review in our office. dew/m/13737 cc: Board of County Commissioners Staff Liaisons to Advisory and Quasi-Judicial Boards and Committees ENVIRONMENT § 5457 elsewhere within the county government as may, Items shall come before the advisory board as from time to time, be requested by the advisory scheduled on the printed agenda unless a specific board and deemed necessary by the county admin- request arises which justifies deviation by the ad- istrator. visory board. (Ord. No. 91-26, § 4) (Ord. No. 91.26, § 5; Ord. No. 91-48, § 2) Sec. 54-30. Meetings;quorum;rules of proce- dure. Sec. 54-31. Review process. (a) Regular meetings of the environmental The environmental policy technical advisory policy technical advisory board shall be held on board shall be reviewed for major accomplish- the second Wednesday of each month at 9:00 a.m., ments and whether the board is serving the pur- or as otherwise determined by the advisory board, pose for which it was created once every four years in the commissioner's meeting room,Third Floor, commencing with 1994, in accordance with the Building "F," Collier County Government Com- procedures contained in chapter 2, article VIII, plex, Naples, Collier County, Florida. Special division 2 of this Code. meetings of the advisory board may be called by (Ord. No. 91-26, § 9) the chairman or by a majority of the membership. Such meetings may be called subject to public no- Sec. 54.32. Reimbursement of expenses. tice to reduce an overloaded agenda or to consider a specific topic. Members of the environmental policy technical (b) A simple majority of the appointed mem- advisory board shall serve without compensation, bers of the advisory board shall constitute a but shall be entitled to receive reimbursement for quorum for the purpose of conducting business. expenses reasonably incurred in the performance An affirmative vote of six or more members shall of their duties upon prior approval of the board of be necessary in order to take official action, re- county commissioners. gardless of whether six or more members of the (Ord. No. 91-26, § 8) advisory board are present at a meeting. (c) The advisory board shall, by majority vote Secs. 54.33-54.55. Reserved. of the entire membership, adopt rules of proce- dure for the transaction of business and shall keep a record of meetings, resolutions,findings and de- terminations. The advisory board may establish ARTICLE III.WATER POLLUTION subcommittees comprised solely of its member- CONTROL PROGRAM ship to facilitate its functions. Meetings of the subcommittees shall conform to the same public notice requirements as that of the advisory board. Sec. 54-56. Title and citation. (d) At the regular meetings of the advisory This article shall be known and may be cited as board,the following shall be the order of business: the "Collier County Water Pollution Control (1) Roll call. Ordinance." (Ord. No. 89-20, § 1) (2) Approval of the minutes of previous meeting. Sec. 54.57. Applicability. 31 Old business. (41 New business. This article shall apply county-wide. (Ord. No. 89-20, § 2) '5' comments. State law reference—Conflicts between ordinances of non- charted counties and municipal ordinances, Fla. Const. art. (6) Adjournment. VIII, §cfl. CD54:7 ak_,\ ) -1- L,D 1-1C 0( • ATTACHMENT D ENVIRONMENT § 54-28 ARTICLE I. IN GENERAL agement and protection of air, land, and water resources and environmental quality Secs. 54-1-54-25. Reserved. in the county. (2) Assist the board to establish goals and ob- jectives for the county's environmental con- ARTICLE II.ENVIRONMENTAL POLICY servation and management programs. TECHNICAL ADVISORY BOARD* (3) Assist the board in developing and revising, as appropriate,local rules, ordinances,reg- Sec. 54.26. Establishment. ulations,programs and other initiatives ad- dressing the use, conservation and preser- There is hereby established the environmental vation of the county's natural resources. policy technical advisory board,which shall herein be referred to as the EPTAB. (4) Assist in the implementation and develop- (Ord. No. 91-26, § 1) ment of the growth management plan re- garding environmental and natural re- Sec. 54.27. Authority; functions;powers and source issues. duties. (5) Assist the board in identifying and recom- (a) The environmental policy technical advi- sory board obtains its jurisdiction, powers, and environmental issues. limits of authority from the board of county corn- (6) Serve as the technical advisory committee missioners and, pursuant to this article, shall act to advise and assist the county in the ac- in an advisory capacity to the board in matters tivities involved in the development and im- dealing with the regulation,control,management, plementation of the county environmental use or exploitation of any or all natural resources resources management program as stated of or within the county. in Policy 1.1.1 of the conservation and (b) The advisory board will function to: coastal management element of the growth management plan. (1) Advise on the preservation, conservation, (7) Implement the water policy pursuant to protection, management and beneficial use chapter 90, article II of this Code. of the physical and biological natural re- sources (atmospheric, terrestrial, aquatic (8) Provide an opportunity for public comment and hydrologic) of the county in regard to on environmental issues, ordinances and the safety,health and general well-being of programs. the public; (Ord. No. 91-26, § 2) (2) Advise and assist the county staff and board Sec. 54.28. Membership. toward developing the purpose, intent and criteria of all county ordinances, policies, (a) The environmental policy technical advi- programs and other initiatives dealing with sory board shall be composed of 11 members who natural resources. shall be appointed by and serve at the pleasure of (c) The powers and duties of the advisory board the board.Appointment to the advisory board shall are as follows: be by resolution of the board and shall set forth the date of appointment and the term of office. (1) Identify, study, evaluate, and provide tech (b) Vacancies on the advisory board shall be nical recommendations to the board on pro- publicized in a publication of general circulation grams necessary for the conservation,man within the county, and vacancy notices shall be *Cross reference—Boards,commissions and authorities,§ posted in the county libraries and county court- 2-816 et seq. house. Along with the applicant responses the CD54:5 § 54-28 COLLIER COUNTY CODE board's staff shall provide the board with a list (1) For the full term of the initial appointments, outlining the qualifications and demographic back- the three members serving until September 30, ground of each candidate, including the.present 1994 and the two members serving until Sep- members seeking reappointment. tember 30, 1995 shall have demonstrated exper- tise in biology(including any of the subdisciplines (c) Members shall be permanent residents and such as botany, ecology, zoology, etc.)and/or wild- electors of the county and should be reputable and life management. After the expiration of these active in community service. initial terms of appointment, the vacancies may (d) The primary consideration in appointing the be filled by members demonstrating expertise in advisory board members shall be to provide the any of the abovementioned areas related to envi board with technical expertise necessary to effec ronmental protection and natural resources man- tively accomplish the advisory board's purpose. agement. Members shall demonstrate evidence of expertise (g) Any member of the advisory board may be in one or more of the following areas related to removed from office by a majority vote of the board. environmental protection and natural resources management: air quality, biology (including any (h) Members shall be automatically removed if of the subdisciplines such as a botany, ecology, they are absent from two consecutive meetings zoology, etc.), coastal processes, estuarine pro- without a satisfactory excuse or if they are absent cesses,hazardous waste,hydrogeology,hydrology, from more than one-fourth of the meetings in a hydraulics, land use law, land use planning, pol given fiscal year. Members shall be deemed ab- lution control, solid waste, stormwater manage- sent from a meeting when they are not present ment, water resources, wildlife management, or during at least 75 percent of the meeting. other representative areas deemed appropriate by (Ord. No. 91-26, § 3; Ord.No. 91-48, § 1) the board such as, but not limited to, a represen- tative of the development community. Sec. 54-29. Officers and support staff. tech- (e) The initial terms of office of the members of (a) The officers of the environmental policy the advisory board shall be as follows: nical advisory board shall be a chairman and a vice-chairman. Officers' terms shall be for one (1) Three members will serve until September year,with eligibility for reelection. The chairman 30, 1992; and vice-chairman shall be elected by a majority vote at the organizational meeting and thereafter (2) Three members will serve until September at the first regular meeting of the advisory board 30, 1993; in October of each year. (3) Three members will serve until September (b) The chairman shall preside at all meetings 30, 1994; of the advisory board.The vice-chairman shall per- form the duties of the chairman in the absence or (4) Two members will serve until September incapacity of the chairman. In case of the re- 30, 1995. moval, resignation or death of the chairman, the After the initial term of appointment, each ap- pointment or reappointment shall be for a term of imposed on the chairman until such time as the four years. All terms of office shall expire on Sep advisory board shall elect a new chairman.Should be- tember 30. Terms of office shall be limited to two the offices of chairman and/or vice-chairman consecutive terms unless waived by the board by come vacant, the advisory board shall elect a suc a unanimous vote.A member may be reappointed cessor from its membership at the next regular by the board for only one successive term and shall meeting. Such election shall be for the unexpired apply with other applicants. Terms shall be stag term of said office. gered so that no more than a minority of such (c) Professional support staff for the advisory members' appointments will expire in any one board shall be provided by the environmental ser- year. vices division and such other county staff from CD54:6 ENVIRONMENT §54-57 I elsewhere within the county government as may, Items shall come before the advisory board as from time to time, be requested by the advisory scheduled on the printed agenda unless a specific board and deemed necessary by the county admin- request arises which justifies deviation by the ad- istrator. visory board. (Ord. No. 91-26, § 4) (Ord. No. 91-26, § 5; Ord. No. 91-48, § 2) Sec. 54-30. Meetings;quorum;rules of proce- dure. Sec. 54-31. Review process. (a) Regular meetings of the environmental The environmental policy technical advisory policy technical advisory board shall be held on board shall be reviewed for major accomplish- the second Wednesday of each month at 9:00 a.m., ments and whether the board is serving the pur- or as otherwise determined by the advisory board, pose for which it was created once every four years in the commissioner's meeting room, Third Floor, commencing with 1994, in accordance with the Building "F," Collier County Government Corn- procedures contained in chapter 2, article VIII, plex, Naples, Collier County, Florida. Special division 2 of this Code. meetings of the advisory board may be called by (Ord. No. 91-26, § 9) the chairman or by a majority of the membership. - Such meetings may be called subject to public no Sec. 54-32. Reimbursement of expenses. tice to reduce an overloaded agenda or to consider a specific topic. Members of the environmental policy technical (b) A simple majority of the appointed mem- advisory board shall serve without compensation, hers of the advisory board shall constitute a but shall be entitled to receive reimbursement for quorum for the purpose of conducting business. expenses reasonably incurred in the performance An affirmative vote of six or more members shall of their duties upon prior approval of the board of be necessary in order to take official action, re- county commissioners. gardless of whether six or more members of the (Ord. No. 91-26, § 8) advisory board are present at a meeting. (c) The advisory board shall, by majority vote Secs. 54.33-54.55. Reserved. of the entire membership, adopt rules of proce- dure for the transaction of business and shall keep a record of meetings, resolutions, findings and de- terminations. The advisory board may establish ARTICLE III.WATER POLLUTION subcommittees comprised solely of its member- CONTROL PROGRAM ship to facilitate its functions. Meetings of the subcommittees shall conform to the same public notice requirements as that of the advisory board. Sec. 54-56. Title and citation. (d) At the regular meetings of the advisory This article shall be known and may be cited as board,the following shall be the order of business: the "Collier County Water Pollution Control (1) Roll call. Ordinance." (Ord. No. 89-20, § 1) (2) Approval of the minutes of previous meeting. Sec. 54-57. Applicability. 3) Old business. This article shall apply county-wide. (4) New business. (Ord. No. 89-20, § 2) 5' Public comments. State law reference—Conflicts between ordinances of non- charted counties and municipal ordinances, Fla. Const. art. (6) Adjournment. VIII, § (f). CD54:7 ATTACHMENT E MAILING LIST OF EPTAB MEMBERS Tibor (Ty) Agoston Maureen McCarthy 360 - 10th Avenue, N.W. The Dorchester - #501 Naples, Florida 34120 6075 Pelican Bay Blvd. Home: 455-8400 Naples, Florida 34108 Work: None Home: 598-3857 Fax: 455-4310 Fax: 566-2483 Steven H. Bigelow William E.J. McKinney 1937 Empress Court 1898 Mission Drive Naples, Florida 34110 Naples, Florida 34109 Home: 514-0833 Home: 592-7124 Work: 455-8062 Work: 261-2244/114 Fax: 455-0853 Fax: 263-4218 Bradley Cornell Monty Robinson 556 - 109th Avenue, North 2 Tina Lane, Lot 242 Naples, Florida 34108 Naples, Florida 34104 Home: 592-7805 Home: 643-6320 Work: 597-0653 Work: 649-1551 Fax: 597-6683 Fax: 649-7112 Michael J. Delate Michael Simonik 3700 - 27th Avenue, S.W. 1450 Merrihue Drive Naples, Florida 34117 Naples, Florida 34102 Home: 455-5319 Home: 434-9736 Work: 262-4617 Work: 403-4222 Fax: 262-3074 Fax: 262-5872 Brenda C. Fogel Jan M. Stevens 1019 Broad Avenue, North 604 Crossfield Circle Naples, Florida 34102 Naples, Florida 34104 Home: 403-0412 (unlisted) Home: 403-9223 Work: 262-8800 x162 Work: 403-8811 Fax: 262-4276 Fax: Allen Morgan Kratz 10 Sabre Cay Naples, Florida 34102-7937 Home: 649-7697 Work: 643-4636 Fax: 649-7689 MEMORANDUM DATE: December 22, 1995 TO: Staff Liaisons to all County Commission Advisory Boards, Committees, Authorities and Task Force(s) FROM: David C. Weigel, County Attorney .-4-427)€-- SUBJECT: Distribution of Information Memo - Florid Governnment-In-The-Sunshine Law Provided herewith is a memorandum dated December 22, 1995 from the County Attorney to all staff liaisons for copying and distribution to all members of all advisory boards, committees, authorities and task force(s) established by the Collier County Board of County Commissioners. I hope this memorandum, covering some of the more practical and problematic aspects of the Florida Government-In-The-Sunshine Law applicable to public board or committee meetings, is helpful to the County staff and all board/committee members. Please make copies and distribute accordingly, and thanks for your help in this regard. dm/ow/15005 ` C i !x`95 MEMORANDUM DATE: December 22 , 1995 TO: All Members of All Boards Established by the Board of County Commissioners (including Advisory Boards, Quasi-Judicial Boards and Ad Hoc Committees) FROM: David C. Weigel, County Attorney AL, 4.4:0),,j___ RE: Government-In-The-Sunshine Law (Section 286.011, Florida Statutes) As a result of several questions that our office has received from both advisory board members, staff members and members of the public attending meetings, I believe it would be helpful to summarize and clarify the Government-In-The-Sunshine Law to assure that advisory board members (including quasi-judicial board members and ad hoc committee members) are aware of the basic compliance requirements of that law. The Florida Government-In-The-Sunshine Law, Section 286. 011, Florida Statutes, commonly referred to as the "Sunshine Law, " is a state statute which guarantees a public right of access to governmental proceedings and is equally applicable to elected and appointed boards. There are a few exceptions to the Sunshine Law, but for your purposes the Sunshine Law will almost always be applicable to you and your proceedings and, unless otherwise advised by this office, it is critical that you conduct your activities and proceedings with the understanding that the Sunshine Law is applicable to you in all situations. There are other requirements of_the Law that are usually addressed by County staff (e.g. , notice and minutes) , however this memo is intended only to address the Sunshine Law as it is applicable to the various board and committee members. This memorandum is not intended to be all-inclusive but rather only to remind you of the basic requirements of the law based on questions that I have recently received. The Sunshine Law prohibits the discussion by two or more members of the same board of any matter which is before that board or will foreseeably come before that board for discussion or action, except at a properly noticed meeting of that board (staff handles the notice requirements) . In other words, if two or more board members are talking about county business which is handled by their board, the Sunshine Law considers such activity to be a "meeting" and reasonable notice must be given to the public of any meeting. The reason for this is to provide an opportunity for the public to be present at the board's decision-making process and to assure that the public All Members of All Boards Established by the Board of County Commissioners December 22, 1995 Page 2 is aware of how decisions are made. Below are some commonly asked questions and the answers which may clarify this issue for you. 1. Question: If I have a question about an issue which I know will be discussed at an upcoming meeting, can I communicate with another board member regarding the issue either in person or through the use of a telephone, a fax machine, a computer, letters or memos? Answer: It is a violation of the Sunshine Law to discuss the County business matter which you know will come before your board or which will foreseeably come before your board except at a properly noticed meeting. Although nothing prohibits you from calling another member to ask the time or location of a meeting, any discussion or communication, in person, by_ telephone or otherwise, of the substance, merits or issues of any County business matter before your board or which foreseeably will come before your board, is a violation of the Sunshine Law. 2. Question: If I am at a meeting of my board and we are on a "break, " can I discuss issues before the board with another member during that recess? Answer: It is a violation of the Sunshine Law to discuss matters which are before your board or which foreseeably could come before your board except while you're in session at a properly noticed meeting. Discussion in the hallway or on the way to the meeting or after the meeting are "outside of the sunshine" and are prohibited by the statute. 3. Question: If I am at a breakfast function with six people in attendance and one of them is also an advisory board member (same Board) for the County, is it a violation of the Sunshine Law if an issue to be considered by the advisory board is discussed and, if so, what if I consider it rude to leave the breakfast meeting to avoid being present during such discussion? Answer: I can only advise you on the law and the Sunshine Law requires that you and any other board member present refrain from discussing All Members of All Boards Established by the Board of County Commissioners December 22, 1995 Page 3 matters on which foreseeable action may be taken. The practical answer is to ask that the matter not be discussed or, at the very least, do not participate in the discussion at all (although some Attorney General Opinions do recommend that you actually leave the function, at least during the discussion of such matters) . 4. Question: A friend and I, prior to our appointment to an advisory board, always discussed matters that our board now addresses and the only reason we both joined the advisory board was to participate in the process and assist the County. Since we have always discussed these matters, can't we still do so even though we now belong to the same advisory board? Answer: There is no exception in the Sunshine Law for prior interest in the subject matter of the board or prior mutual interests of members of the board. Once you become a member of a county advisory board, the Sunshine Law is applicable and any such discussion of any matter which is scheduled to come before that board or which may foreseeably come before that board is a violation of the Sunshine Law. 5. Question: Can another member of my advisory board and I schedule a meeting with a prominent local businessman, or a local public official or the president of a civic group or any other person to discuss matters which are pending before our advisory board or which may foreseeably come before our advisory board, for example to solicit help or support? Answer: There is no exception to the Sunshine Law for this type of situation and it would be prohibited by the statute. There is no prohibition, however, if only one member of the advisory board is present at a private meeting. 6. Question: My advisory board has a membership of fifteen persons and there are five subcommittees of three members each. Are the subcommittees subject to the Sunshine Law? Answer: There is no exception to the Sunshine Law for subcommittees and all subcommittee meetings All Members of All Boards Established by the Board of County Commissioners December 22, 1995 Page 4 should be noticed and the public have the opportunity to attend just as if it were a meeting of your full board. This matter will be discussed with the various staff liaisons to the advisory boards and, if it is not being done in every case, it will be done in the future. 7. Question: Can my advisory board adopt rules and policies for the conduct of the board's public meeting? And what about audio or video type recordings of meetings by members of the public? Answer: Reasonable rules and policies which ensure the orderly conduct of a public meeting and which require orderly behavior on the part of those persons attending a public meeting may be adopted by the board. A rule or policy which prohibits the use of nondisruptive or silent audio or video type recording devices or cameras by the media or others, however, is unreasonable and arbitrary and is, therefore, invalid. 8. Question: Are there any penalties for violation of the Sunshine Law? Answer: Any member of a board or commission of any state agency or authority of a county, municipal corporation or political subdivision (which includes all advisory boards) who knowingly violates the Sunshine Law is guilty of a misdemeanor of the second degree. The statutes also impose non-criminal penalties for violation of the Sunshine Law by providing that any public official violating the provisions of the Sunshine Law is guilty of a non-criminal infraction, punishable by a fine not exceeding five hundred dollars. It should be noted that the above situations would be prohibited by the Sunshine Law because they are defined as meetings (two or more advisory board members present) without reasonable public notice. The Sunshine Law does not prohibit members of the same board from socializing, attending functions together, golfing or any other activity as long as matters which are pending before their board or which may foreseeably come before their board are not discussed. All Members of All Boards Established by the Board of County Commissioners December 22, 1995 Page 5 If after reading this memo you have come to the conclusion that the Sunshine Law is construed very strictly and that it places a strict prohibition on your ability to discuss your board's issues with other board members outside of a public meeting, you are absolutely correct. The courts do construe the Sunshine Law very strictly, and I'm sure they will continue to do so. I know that the Board of County Commissioners has always been very appreciative of the work that is done by the members of its various boards and committees and neither the Board of County Commissioners nor this office would want any advisory board member to run into a problem in the course of your assistance to the County. Therefore, my advice would be to approach this issue cautiously and, when in doubt, assume the Sunshine Law applies. If you would like additional information regarding this matter or if I can provide further details regarding any issue addressed in this memo, please let me know. My office also has copies of the Government-In-The-Sunshine Manual, which is a very comprehensive and well written book prepared by the Attorney General's office, and we can provide that book to you on a loan basis or for review in our office. dcw/tw/13737 cc: Board of County Commissioners Staff Liaisons to Advisory and Quasi-Judicial Boards and Committees ATTACHMENT D ENVIRONMENT §54.28 ARTICLE I. IN GENERAL agement and protection of air, land, and water resources and environmental quality Secs. 54.1-54.25. Reserved. in the county. (2) Assist the board to establish goals and ob- jectives for the county's environmental con- ARTICLE II. ENVIRONMENTAL POLICY servation and management programs. TECHNICAL ADVISORY BOARD' (3) Assist the board in developing and revising, as appropriate,local rules, ordinances,reg- Sec. 54.26. Establishment. ulations,programs and other initiatives ad- dressing the use, conservation and preser- There is hereby established the environmental vation of the county's natural resources. policy technical advisory board,which shall herein be referred to as the EPTAB. (4) Assist in the implementation and develop- (Ord. No. 91-26, § 1) ment of the growth management plan re- garding environmental and natural re- Sec. 54-27. Authority; functions;powers and source issues. duties. (5) Assist the board in identifying and recom- (a) The environmental policy technical advi- mending solutions to existing and future sory board obtains its jurisdiction, powers, and environmental issues. limits of authority from the board of county corn- (6) Serve as the technical advisory committee missioners and, pursuant to this article, shall act to advise and assist the county in the ac- in an advisory capacity to the board in matters tivities involved in the development and im- dealing with the regulation,control,management, plementation of the county environmental use or exploitation of any or all natural resources resources management program as stated of or within the county. in Policy 1.1.1 of the conservation and (b) The advisory board will function to: coastal management element of the growth management plan. (1) Advise on the preservation, conservation, (7) Implement the water policy pursuant to protection, management and beneficial use chapter 90, article II of this Code. of the physical and biological natural re- sources (atmospheric, terrestrial, aquatic (8) Provide an opportunity for public comment and hydrologic) of the county in regard to on environmental issues, ordinances and the safety,health and general well-being of programs. the public; (Ord. No. 91.26, § 2) (2) Advise and assist the county staff and board Sec. 54.28. Membership. toward developing the purpose, intent and criteria of all county ordinances, policies, (a) The environmental policy technical advi- programs and other initiatives dealing with sory board shall be composed of 11 members who natural resources. shall be appointed by and serve at the pleasure of (c) The powers and duties of the advisory board the board.Appointment to the advisory board shall be by resolution of the board and shall set forth are as follows: the date of appointment and the term of office. 1) Identify, study, evaluate, and provide tech (b) Vacancies on the advisory board shall be nical recommendations to the board on pro- publicized in a publication of general circulation grams necessary for the conservation,man- within the county, and vacancy notices shall be 'Cross reference—Boards,commissions and authorities,§ posted in the county libraries and county court- 2.816 et seq. house. Along with the applicant responses the CD54:5 4 54-28 COLLIER COUNTY CODE • board's staff shall provide the board with a list (1) For the full term of the initial appointments, outlining the qualifications and demographic back- the three members serving until September 30, ground of each candidate, including the.present 1994 and the two members serving until Sep- members seeking reappointment. tember 30, 1995 shall have demonstrated exper- tise in biology(including any of the subdisciplines (c) Members shall be permanent residents and such as botany,ecology, zoology, etc.)and/or wild- electors of the county and should be reputable and life management. After the expiration of these active in community service. initial terms of appointment, the vacancies may (d) The primary consideration in appointing the be filled by members demonstrating expertise in advisory board members shall be to provide the any of the abovementioned areas related to envi board with technical expertise necessary to effec ronmental protection and natural resources man- tively accomplish the advisory board's purpose. agement. Members shall demonstrate evidence of expertise (g) Any member of the advisory board may be in one or more of the following areas related to removed from office by a majority vote of the board. environmental protection and natural resources management: air quality, biology (including any (h) Members shall be automatically removed if of the subdisciplines such as a botany, ecology, they are absent from two consecutive meetings zoology, etc.), coastal processes, estuarine pro- without a satisfactory excuse or if they are absent cesses,hazardous waste,hydrogeology,hydrology, from more than one-fourth of the meetings in a hydraulics, land use law, land use planning, pol given fiscal year. Members shall be deemed ab- lution control, solid waste, stormwater manage- sent from a meeting when they are not present ment, water resources, wildlife management, or during at least 75 percent of the meeting. other representative areas deemed appropriate by (Ord. No. 91-26, § 3; Ord.No. 91-48, § 1) the board such as, but not limited to, a represen- tative of the development community. Sec. 54-29. Officers and support staff. (e) The initial terms of office of the members of (a) The officers of the environmental policy tech- nicalthe advisory board shall be as follows: advisory board shall be a chairman and a vice-chairman. Officers' terms shall be for one (1) Three members will serve until September year,with eligibility for reelection.The chairman 30, 1992; and vice-chairman shall be elected by a majority vote at the organizational meeting and thereafter (2) Three members will serve until September at the first regular meeting of the advisory board 30, 1993; in October of each year. (3) Three members will serve until September (b) The chairman shall preside at all meetings 30, 1994; of the advisory board.The vice-chairman shall per- form the duties of the chairman in the absence or (4) Two members will serve until September incapacity of the chairman. In case of the re- 30, 1995. moval, resignation or death of the chairman, the After the initial term of appointment, each ap- vice-chairman shall perform such duties as are pointment or reappointment shall be for a term of imposed on the chairman until such time as the four years. All terms of office shall expire on Sep- advisory board shall elect a new chairman.Should tember 30. Terms of office shall be limited to two the offices of chairman and/or vice-chairman be- consecutive terms unless waived by the board by come vacant, the advisory board shall elect a suc a unanimous vote.A member may be reappointed cessor from its membership at the next regular by the board for only one successive term and shall meeting. Such election shall be for the unexpired apply with other applicants. Terms shall be stag term of said office. gered so that no more than a minority of such (c) Professional support staff for the advisory members' appointments will expire in any one board shall be provided by the environmental ser- year. vices division and such other county staff from CD54:6 ENVIRONMENT 4 5457 elsewhere within the county government as may, Items shall come before the advisory board as from time to time, be requested by the advisory scheduled on the printed agenda unless a specific board and deemed necessary by the county admin- request arises which justifies deviation by the ad- istrator. visory board. (Ord. No. 91-26, § 4) (Ord. No. 91-26, § 5; Ord. No. 91-48, § 2) Sec. 54-30. Meetings;quorum;rules of proce- Sec. 54-31. Review process. dure. (a) Regular meetings of the environmental The environmental policy technical advisory policy technical advisory board shall be held on board shall be reviewed for major accomplish- the second Wednesday of each month at 9:00 a.m., ments and whether the board is serving the pur- or as otherwise determined by the advisory board, pose for which it was created once every four years in the commissioner's meeting room,Third Floor, commencing with 1994, in accordance with the Building "F," Collier County Government Corn- procedures contained in chapter 2, article VIII, plex, Naples, Collier County, Florida. Special division 2 of this Code. meetings of the advisory board may be called by (Ord. No. 91.26, § 9) the chairman or by a majority of the membership. Such meetings may be called subject to public no- Sec. 54.32. Reimbursement of expenses. tice to reduce an overloaded agenda or to consider a specific topic. Members of the environmental policy technical (b) A simple majority of the appointed mem- advisory board shall serve without compensation, bers of the advisory board shall constitute a but shall be entitled to receive reimbursement for quorum for the purpose of conducting business. expenses reasonably incurred in the performance An affirmative vote of six or more members shall of their duties upon prior approval of the board of be necessary in order to take official action, re- county commissioners. gardless of whether six or more members of the (Ord. No. 91-26, § 8) advisory board are present at a meeting. (c) The advisory board shall, by majority vote Secs. 54-33-54-55. Reserved. of the entire membership, adopt rules of proce- dure for the transaction of business and shall keep a record of meetings, resolutions, findings and de- terminations. The advisory board may establish ARTICLE III.WATER POLLUTION subcommittees comprised solely of its member- CONTROL PROGRAM ship to facilitate its functions. Meetings of the subcommittees shall conform to the same public notice requirements as that of the advisory board. Sec. 54-56. Title and citation. (d) At the regular meetings of the advisory This article shall be known and may be cited as board,the following shall be the order of business: the "Collier County Water Pollution Control (1) Roll call. Ordinance." (Ord. No. 89-20, § 1) (2) Approval of the minutes of previous meeting. Sec. 54-57. Applicability. 3) Old business. (4) New business. This article shall apply county-wide. (Ord. No. 89-20, § 2) 5' Public comments. State law reference—Conflicts between ordinances of non- charted counties and municipal ordinances, Fla. Const. art. (6) Adjournment. VIII, 4 (f). CD54:7 ATTACHMENT E MAILING LIST OF EPTAB MEMBERS Tibor (Ty) Agoston Maureen McCarthy 360 - 10th Avenue, N.W. The Dorchester - #501 Naples, Florida 34120 6075 Pelican Bay Blvd. Home: 455-8400 Naples, Florida 34108 Work: None Home: 598-3857 Fax: 455-4310 Fax: 566-2483 Steven H. Bigelow William E.J. McKinney 1937 Empress Court 1898 Mission Drive Naples, Florida 34110 Naples, Florida 34109 Home: 514-0833 Home: 592-7124 Work: 455-8062 Work: 261-2244/114 Fax: 455-0853 Fax: 263-4218 Bradley Cornell Monty Robinson 556 - 109th Avenue, North 2 Tina Lane, Lot 242 Naples, Florida 34108 Naples, Florida 34104 Home: 592-7805 Home: 643-6320 Work: 597-0653 Work: 649-1551 Fax: 597-6683 Fax: 649-7112 Michael J. Delate Michael Simonik 3700 - 27th Avenue, S.W. 1450 Merrihue Drive Naples, Florida 34117 Naples, Florida 34102 Home: 455-5319 Home: 434-9736 Work: 262-4617 Work: 403-4222 Fax: 262-3074 Fax: 262-5872 Brenda C. Fogel Jan M. Stevens 1019 Broad Avenue, North 604 Crossfield Circle Naples, Florida 34102 Naples, Florida 34104 Home: 403-0412 (unlisted) Home: 403-9223 Work: 262-8800 x162 Work: 403-8811 Fax: 262-4276 Fax: Allen Morgan Kratz 10 Sabre Cay Naples, Florida 34102-7937 Home: 649-7697 Work: 643-4636 Fax: 649-7689 MEMORANDUM DATE: December 22, 1995 TO: Staff Liaisons to all County Commission Advisory Boards, Committees, Authorities and Task Force(s) FROM: David C. Weigel, County Attorney L, SUBJECT: Distribution of Information Memo - Florid Governnment-In-The-Sunshine Law Provided herewith is a memorandum dated December 22, 1995 from the County Attorney to all staff liaisons for copying and distribution to all members of all advisory boards, committees, authorities and task force(s) established by the Collier County Board of County Commissioners. I hope this memorandum, covering some of the more practical and problematic aspects of the Florida Government-In-The-Sunshine Law applicable to public board or committee meetings, is helpful to the County staff and all board/committee members. Please make copies and distribute accordingly, and thanks for your help in this regard. acwnwn5005 t.'f-rL-V 2 ,1 f-r- kW G= -;h t IENT CES MEMORANDUM DATE: December 22, 1995 TO: All Members of All Boards Established by the Board of County Commissioners (including Advisory Boards, Quasi-Judicial Boards and Ad Hoc Committees) FROM: David C. Weigel, County Attorney /L, 4.44e___ RE: Government-In-The-Sunshine Law (Section 286. 011, Florida Statutes) As a result of several questions that our office has received from both advisory board members, staff members and members of the public attending meetings, I believe it would be helpful to summarize and clarify the Government-In-The-Sunshine Law to assure that advisory board members (including quasi-judicial board members and ad hoc committee members) are aware of the basic compliance requirements of that law. The Florida Government-In-The-Sunshine Law, Section 286. 011, Florida Statutes, commonly referred to as the "Sunshine Law, " is a state statute which guarantees a public right of access to governmental proceedings and is equally applicable to elected and appointed boards. There are a few exceptions to the Sunshine Law, but for your purposes the Sunshine Law will almost always be applicable to you and your proceedings and, unless otherwise advised by this office, it is critical that you conduct your activities and proceedings with the understanding that the Sunshine Law is applicable to you in all situations. There are other requirements of.the Law that are usually addressed by County staff (e.g. , notice and minutes) , however this memo is intended only to address the Sunshine Law as it is applicable to the various board and committee members. This memorandum is not intended to be all-inclusive but rather only to remind you of the basic requirements of the law based on questions that I have recently received. The Sunshine Law prohibits the discussion by two or more members of the same board of any matter which is before that board or will foreseeably come before that board for discussion or action, except at a properly noticed meeting of that board (staff handles the notice requirements) . In other words, if two or more board members are talking about county business which is handled by their board, the Sunshine Law considers such activity to be a "meeting" and reasonable notice must be given to the public of any meeting. The reason for this is to provide an opportunity for the public to be present at the board's decision-making process and to assure that the public All Members of All Boards Established by the Board of County Commissioners December 22, 1995 Page 2 is aware of how decisions are made. Below are some commonly asked questions and the answers which may clarify this issue for you. 1. Question: If I have a question about an issue which I know will be discussed at an upcoming meeting, can I communicate with another board member regarding the issue either in person or through the use of a telephone, a fax machine, a computer, letters or memos? Answer: It is a violation of the Sunshine Law to discuss the County business matter which you know will come before your board or which will foreseeably come before your board except at a properly noticed meeting. Although nothing prohibits you from calling another member to ask the time or location of a meeting, any discussion or communication, in person, by_ telephone or otherwise, of the substance, merits or issues of any County business matter before your board or which foreseeably will come before your board, is a violation of the Sunshine Law. 2. Question: If I am at a meeting of my board and we are on a "break, " can I discuss issues before the board with another member during that recess? Answer: It is a violation of the Sunshine Law to discuss matters which are before your board or which foreseeably could come before your board except while you're in session at a properly noticed meeting. Discussion in the hallway or on the way to the meeting or after the meeting are "outside of the sunshine" and are prohibited by the statute. 3. Question: If I am at a breakfast function with six people in attendance and one of them is also an advisory board member (same Board) for the County, is it a violation of the Sunshine Law if an issue to be considered by the advisory board is discussed and, if so, what if I consider it rude to leave the breakfast meeting to avoid being present during such discussion? Answer: I can only advise you on the law and the Sunshine Law requires that you and any other board member present refrain from discussing All Members of All Boards Established by the Board of County Commissioners December 22, 1995 Page 3 matters on which foreseeable action may be taken. The practical answer is to ask that the matter not be discussed or, at the very least, do not participate in the discussion at all (although some Attorney General Opinions do recommend that you actually leave the function, at least during the discussion of such matters) . 4. Question: A friend and I, prior to our appointment to an advisory board, always discussed matters that our board now addresses and the only reason we both joined the advisory board was to participate in the process and assist the County. Since we have always discussed these matters, can't we still do so even though we now belong to the same advisory board? Answer: There is no exception in the Sunshine Law for prior interest in the subject matter of the board or prior mutual interests of members of the board. Once you become a member of a county advisory board, the Sunshine Law is applicable and any such discussion of any matter which is scheduled to come before that board or which may foreseeably come before that board is a violation of the Sunshine Law. 5. Question: Can another member of my advisory board and I schedule a meeting with a prominent local businessman, or a local public official or the president of a civic group or any other person to discuss matters which are pending before our advisory board or which may foreseeably come before our advisory board, for example to solicit help or support? Answer: There is no exception to the Sunshine Law for this type of situation and it would be prohibited by the statute. There is no prohibition, however, if only one member of the advisory board is present at a private meeting. 6. Question: My advisory board has a membership of fifteen persons and there are five subcommittees of three members each. Are the subcommittees subject to the Sunshine Law? Answer: There is no exception to the Sunshine Law for subcommittees and all subcommittee meetings All Members of All Boards Established by the Board of County Commissioners December 22, 1995 Page 4 should be noticed and the public have the opportunity to attend just as if it were a meeting of your full board. This matter will be discussed with the various staff liaisons to the advisory boards and, if it is not being done in every case, it will be done in the future. 7. Question: Can my advisory board adopt rules and policies for the conduct of the board's public meeting? And what about audio or video type recordings of meetings by members of the public? Answer: Reasonable rules and policies which ensure the orderly conduct of a public meeting and which require orderly behavior on the part of those persons attending a public meeting may be adopted by the board. A rule or policy which prohibits the use of nondisruptive or silent audio or video type recording devices or cameras by the media or others, however, is unreasonable and arbitrary and is, therefore, invalid. 8. Question: Are there any penalties for violation of the Sunshine Law? Answer: Any member of a board or commission of any state agency or authority of a county, municipal corporation or political subdivision (which includes all advisory boards) who knowingly violates the Sunshine Law is guilty of a misdemeanor of the second degree. The statutes also impose non-criminal penalties for violation of the Sunshine Law by providing that any public official violating the provisions of the Sunshine Law is guilty of a non-criminal infraction, punishable by a fine not exceeding five hundred dollars. It should be noted that the above situations would be prohibited by the Sunshine Law because they are defined as meetings (two or more advisory board members present) without reasonable public notice. The Sunshine Law does not prohibit members of the same board from socializing, attending functions together, golfing or any other activity as long as matters which are pending before their board or which may foreseeably come before their board are not discussed. All Members of All Boards Established by the Board of County Commissioners December 22, 1995 Page 5 If after reading this memo you have come to the conclusion that the Sunshine Law is construed very strictly and that it places a strict prohibition on your ability to discuss your board's issues with other board members outside of a public meeting, you are absolutely correct. The courts do construe the Sunshine Law very strictly, and I'm sure they will continue to do so. I know that the Board of County Commissioners has always been very appreciative of the work that is done by the members of its various boards and committees and neither the Board of County Commissioners nor this office would want any advisory board member to run into a problem in the course of your assistance to the County. Therefore, my advice would be to approach this issue cautiously and, when in doubt, assume the Sunshine Law applies. If you would like additional information regarding this matter or if I can provide further details regarding any issue addressed in this memo, please let me know. My office also has copies of the Government-In-The-Sunshine Manual, which is a very comprehensive and well written book prepared by the Attorney General's office, and we can provide that book to you on a loan basis or for review in our office. dcw/tw/13737 cc: Board of County Commissioners Staff Liaisons to Advisory and Quasi-Judicial Boards and Committees ATTACHMENT D ENVIRONMENT § 54-28 • ARTICLE I. IN GENERAL agement and protection of air, land, and water resources and environmental quality Secs. 54.1-54.25. Reserved. in the county. (2) Assist the board to establish goals and ob- jectives for the county's environmental con- ARTICLE H.ENVIRONMENTAL POLICY servation and management programs. TECHNICAL ADVISORY BOARD' (3) Assist the board in developing and revising, as appropriate,local rules, ordinances,reg- Sec. 54-26. Establishment. ulations,programs and other initiatives ad- dressing the use, conservation and preser- There is hereby established the environmental vation of the county's natural resources. policy technical advisory board,which shall herein be referred to as the EPTAB. (4) Assist in the implementation and develop- (Ord. No. 91-26, § 1) ment of the growth management plan re- garding environmental and natural re- Sec. 54.27. Authority; functions;powers and source issues. duties. (5) Assist the board in identifying and recom- (a) The environmental policy technical advi- sory board obtains its jurisdiction, powers, and environmental issues. limits of authority from the board of county com- (6) Serve as the technical advisory committee missioners and, pursuant to this article, shall act to advise and assist the county in the ac- in an advisory capacity to the board in matters tivities involved in the development and im- dealing with the regulation,control,management, plementation of the county environmental use or exploitation of any or all natural resources resources management program as stated of or within the county. in Policy 1.1.1 of the conservation and (b) The advisory board will function to: coastal management element of the growth management plan. (1) Advise on the preservation, conservation, (7) Implement the water policy pursuant to protection, management and beneficial use chapter 90, article II of this Code. of the physical and biological natural re- sources (atmospheric, terrestrial, aquatic (8 Provide an opportunity for public comment and hydrologic) of the county in regard to on environmental issues, ordinances and the safety,health and general well-being of programs. the public; (Ord. No. 91-26, § 2) 12) Advise and assist the county staff and board Sec. 54-28. Membership. toward developing the purpose, intent and criteria of all county ordinances, policies, (a; The environmental policy technical advi- programs and other initiatives dealing with sory board shall be composed of 11 members who natural resources. shall be appointed by and serve at the pleasure of (c) The powers and duties of the advisory board the board.Appointment to the advisory board shall be by resolution of the board and shall set forth are as follows: the date of appointment and the term of office. 1) Identify,study, evaluate,and provide tech- (b; Vacancies on the advisory board shall be nical recommendations to the board on pro- publicized in a publication of general circulation grams necessary for the conservation,man- within the county, and vacancy notices shall be *Cross reference—Boards,commissions and authorities,§ posted in the county libraries and county court- 2.816 et seq. house. Along with the applicant responses the CD54:5 ¢54-28 COLLIER COUNTY CODE o, board's staff shall provide the board with a list (f) For the full term of the initial appointments, outlining the qualifications and demographic back- the three members serving until September 30, ground of each candidate, including the.present 1994 and the two members serving until Sep- members seeking reappointment. tember 30, 1995 shall have demonstrated exper- tise in biology(including any of the subdisciplines (c) Members shall be permanent residents and such as botany,ecology, zoology, electors of the county and should be reputable and After etc.)raand/orofthese life management. the expiration of these active in community service. initial terms of appointment, the vacancies may (d) The primary consideration in appointing the be filled by members demonstrating expertise in advisory board members shall be to provide the any of the abovementioned areas related to envi• board with technical expertise necessary to effec ronmental protection and natural resources man- tively accomplish the advisory board's purpose. agement. Members shall demonstrate evidence of expertise (g) Any member of the advisory board may be in one or more of the following areas related to removed from office by a majority vote of the board. environmental protection and natural resources management: air quality, biology (including any (h) Members shall be automatically removed if of the subdisciplines such as a botany, ecology, they are absent from two consecutive meetings zoology, etc.), coastal processes, estuarine pro- without a satisfactory excuse or if they are absent cesses,hazardous waste,hydrogeology,hydrology, from more than one-fourth of the meetings in a hydraulics, land use law, land use planning, pol given fiscal year. Members shall be deemed ab- lution control, solid waste, stormwater manage sent from a meeting when they are not present ment, water resources, wildlife management, or during at least 75 percent of the meeting. other representative areas deemed appropriate by (Ord. No. 91-26, § 3; Ord.No. 91-48, § 1) the board such as, but not limited to, a represen- Sec. 54.28. Officers and support staff. tative of the development community. le) The initial terms of office of the members of (a) The officers of the environmental policy tech nical advisory board shall be a chairman and a the advisory board shall be as follows: vice-chairman. Officers' terms shall be for one (1) Three members will serve until September year,with eligibility for reelection.The chairman 30, 1992; and vice-chairman shall be elected by a majority vote at the organizational meeting and thereafter (2) Three members will serve until September at the first regular meeting of the advisory board 30, 1993; in October of each year. (3) Three members will serve until September (b) The chairman shall preside at all meetings 30, 1994; of the advisory board.The vice-chairman shall per- form the duties of the chairman in the absence or (4) Two members will serve until September incapacity of the chairman. In case of the re- 30, 1995. moval, resignation or death of the chairman, the After the initial term of appointment, each ap- vice-chairman shall perform such duties as are pointment or reappointment shall be for a term of imposed on the chairman until such time as the four years. All terms of office shall expire on Sep- the board shall elect a new chairman.Should be- tember 30. Terms of office shall be limited to two the offices of chairman and/or vice-chairman consecutive terms unless waived by the board by come vacant, the advisory board shall elect a sua a unanimous vote.A member may be reappointed cessor from its membership at the next regular by the board for only one successive term and shall meeting. Such election shall be for the unexpired apply with other applicants. Terms shall be stag term of said office. gered so that no more than a minority of such (c) Professional support staff for the advisory members' appointments will expire in any one board shall be provided by the environmental ser- year. vices division and such other county staff from CD54:6 ENVIRONMENT 15457 • elsewhere within the county government as may, Items shall come before the advisory board as from time to time, be requested by the advisory scheduled on the printed agenda unless a specific board and deemed necessary by the county admin- request arises which justifies deviation by the ad- istrator. visory board. (Ord. No. 91-26, § 4) (Ord. No. 91-26, § 5; Ord. No. 91-48, § 2) Sec. 54.30. Meetings;quorum;rules of proce- dure. Sec. 54-31. Review process. (a) Regular meetings of the environmental The environmental policy technical advisory policy technical advisory board shall be held on board shall be reviewed for major accomplish- the second Wednesday of each month at 9:00 a.m., ments and whether the board is serving the pur- or as otherwise determined by the advisory board, pose for which it was created once every four years in the commissioner's meeting room,Third Floor, commencing with 1994, in accordance with the Building "F," Collier County Government Com- procedures contained in chapter 2, article VIII, plex, Naples, Collier County, Florida. Special division 2 of this Code. meetings of the advisory board may be called by (Ord. No. 91.26, § 9) the chairman or by a majority of the membership. Such meetings may be called subject to public no- Sec. 54-32. Reimbursement of expenses. tice to reduce an overloaded agenda or to consider a specific topic. Members of the environmental policy technical (b) A simple majority of the appointed mem- advisory board shall serve without compensation, bers of the advisory board shall constitute a but shall be entitled to receive reimbursement for quorum for the purpose of conducting business. expenses reasonably incurred in the performance An affirmative vote of six or more members shall of their duties upon prior approval of the board of be necessary in order to take official action, re- county commissioners. gardless of whether six or more members of the (Ord. No. 91-26, § 8) advisory board are present at a meeting. (c) The advisory board shall, by majority vote Secs. 54.33-54.55. Reserved. of the entire membership, adopt rules of proce- dure for the transaction of business and shall keep a record of meetings, resolutions, findings and de- terminations. The advisory board may establish ARTICLE III.WATER POLLUTION subcommittees comprised solely of its member- CONTROL PROGRAM ship to facilitate its functions. Meetings of the subcommittees shall conform to the same public notice requirements as that of the advisory board. Sec. 54-56. Title and citation. (d) At the regular meetings of the advisory This article shall be known and may be cited as board,the following shall be the order of business: the "Collier County Water Pollution Control (1) Roll call. Ordinance." (Ord. No. 89.20, § 1) (2) Approval of the minutes of previous meeting. Sec. 54.57. Applicability. 3) Old business. '4) New business. This article shall apply county-wide. (Ord. No. 89.20, § 2) 5. Public comments. State law reference—Conflicts between ordinances of non- charted counties and municipal ordinances, Fla. Const. art. (6) Adjournment. VIII, §(n• CD54:7 ATTACHMENT E MAILING LIST OF EPTAB MEMBERS Tibor (Ty) Agoston Maureen McCarthy 360 - 10th Avenue, N.W. The Dorchester - #501 Naples, Florida 34120 6075 Pelican Bay Blvd. Home: 455-8400 Naples, Florida 34108 Work: None Home: 598-3857 Fax: 455-4310 Fax: 566-2483 Steven H. Bigelow William E.J. McKinney 1937 Empress Court 1898 Mission Drive Naples, Florida 34110 Naples, Florida 34109 Home: 514-0833 Home: 592-7124 Work: 455-8062 Work: 261-2244/114 Fax: 455-0853 Fax: 263-4218 Bradley Cornell Monty Robinson 556 - 109th Avenue, North 2 Tina Lane, Lot 242 Naples, Florida 34108 Naples, Florida 34104 Home: 592-7805 Home: 643-6320 Work: 597-0653 Work: 649-1551 Fax: 597-6683 Fax: 649-7112 Michael J. Delate Michael Simonik 3700 - 27th Avenue, S.W. 1450 Merrihue Drive Naples, Florida 34117 Naples, Florida 34102 Home: 455-5319 Home: 434-9736 Work: 262-4617 Work: 403-4222 Fax: 262-3074 Fax: 262-5872 Brenda C. Fogel Jan M. Stevens 1019 Broad Avenue, North 604 Crossfield Circle Naples, Florida 34102 Naples, Florida 34104 Home: 403-0412 (unlisted) Home: 403-9223 Work: 262-8800 x162 Work: 403-8811 Fax: 262-4276 Fax: Allen Morgan Kratz 10 Sabre Cay Naples, Florida 34102-7937 Home: 649-7697 Work: 643-4636 Fax: 649-7689 MEMORANDUM DATE: December 22, 1995 TO: Staff Liaisons to all County Commission Advisory Boards, Committees, Authorities and Task Force(s) FROM: David C. Weigel, County Attorney L '71/4„:71._, SUBJECT: Distribution of Information Memo - Florid Governnment-In-The-Sunshine Law Provided herewith is a memorandum dated December 22, 1995 from the County Attorney to all staff liaisons for copying and distribution to all members of all advisory boards, committees, authorities and task force(s) established by the Collier County Board of County Commissioners. I hope this memorandum, covering some of the more practical and problematic aspects of the Florida Government-In-The-Sunshine Law applicable to public board or committee meetings, is helpful to the County staff and all board/committee members. Please make copies and distribute accordingly, and thanks for your help in this regard. dcw risoos r X \y CrJY LCL. +� ti 1vdJ ;( "�; rES 1�Y T MEMORANDUM DATE: December 22, 1995 TO: All Members of All Boards Established by the Board of County Commissioners (including Advisory Boards, Quasi-Judicial Boards and Ad Hoc Committees) FROM: David C. Weigel, County Attorney /4..., i4AL, RE: Government-In-The-Sunshine Law (Section 286.011, Florida Statutes) As a result of several questions that our office has received from both advisory board members, staff members and members of the public attending meetings, I believe it would be helpful to summarize and clarify the Government-In-The-Sunshine Law to assure that advisory board members (including quasi-judicial board members and ad hoc committee members) are aware of the basic compliance requirements of that law. The Florida Government-In-The-Sunshine Law, Section 286. 011, Florida Statutes, commonly referred to as the "Sunshine Law, " is a state statute which guarantees a public right of access to governmental proceedings and is equally applicable to elected and appointed boards. There are a few exceptions to the Sunshine Law, but for your purposes the Sunshine Law will almost always be applicable to you and your proceedings and, unless otherwise advised by this office, it is critical that you conduct your activities and proceedings with the understanding that the Sunshine Law is applicable to you in all situations. There are other requirements of.the Law that are usually addressed by County staff (e.g. , notice and minutes) , however this memo is intended only to address the Sunshine Law as it is applicable to the various board and committee members. This memorandum is not intended to be all-inclusive but rather only to remind you of the basic requirements of the law based on questions that I have recently received. The Sunshine Law prohibits the discussion by two or more members of the same board of any matter which is before that board or will foreseeably come before that board for discussion or action, except at a properly noticed meeting of that board (staff handles the notice requirements) . In other words, if two or more board members are talking about county business which is handled by their board, the Sunshine Law considers such activity to be a "meeting" and reasonable notice must be given to the public of any meeting. The reason for this is to provide an opportunity for the public to be present at the board's decision-making process and to assure that the public All Members of All Boards Established by the Board of County Commissioners December 22, 1995 Page 2 is aware of how decisions are made. Below are some commonly asked questions and the answers which may clarify this issue for you. 1. Question: If I have a question about an issue which I know will be discussed at an upcoming meeting, can I communicate with another board member regarding the issue either in person or through the use of a telephone, a fax machine, a computer, letters or memos? Answer: It is a violation of the Sunshine Law to discuss the County business matter which you know will come before your board or which will foreseeably come before your board except at a properly noticed meeting. Although nothing prohibits you from calling another member to ask the time or location of a meeting, any discussion or communication, in person, by_ telephone or otherwise, of the substance, merits or issues of any County business matter before your board or which foreseeably will come before your board, is a violation of the Sunshine Law. 2. Question: If I am at a meeting of my board and we are on a "break, " can I discuss issues before the board with another member during that recess? Answer: It is a violation of the Sunshine Law to discuss matters which are before your board or which foreseeably could come before your board except while you're in session at a properly noticed meeting. Discussion in the hallway or on the way to the meeting or after the meeting are "outside of the sunshine" and are prohibited by the statute. 3. Question: If I am at a breakfast function with six people in attendance and one of them is also an advisory board member (same Board) for the County, is it a violation of the Sunshine Law if an issue to be considered by the advisory board is discussed and, if so, what if I consider it rude to leave the breakfast meeting to avoid being present during such discussion? Answer: I can only advise you on the law and the Sunshine Law requires that you and any other board member present refrain from discussing All Members of All Boards Established by the Board of County Commissioners December 22, 1995 Page 3 matters on which foreseeable action may be taken. The practical answer is to ask that the matter not be discussed or, at the very least, do not participate in the discussion at all (although some Attorney General Opinions do recommend that you actually leave the function, at least during the discussion of such matters) . 4. Question: A friend and I, prior to our appointment to an advisory board, always discussed matters that our board now addresses and the only reason we both joined the advisory board was to participate in the process and assist the County. Since we have always discussed these matters, can't we still do so even though we now belong to the same advisory board? Answer: There is no exception in the Sunshine Law for prior interest in the subject matter of the board or prior mutual interests of members of the board. Once you become a member of a county advisory board, the Sunshine Law is applicable and any such discussion of any matter which is scheduled to come before that board or which may foreseeably come before that board is a violation of the Sunshine Law. 5. Question: Can another member of my advisory board and I schedule a meeting with a prominent local businessman, or a local public official or the president of a civic group or any other person to discuss matters which are pending before our advisory board or which may foreseeably come before our advisory board, for example to solicit help or support? Answer: There is no exception to the Sunshine Law for this type of situation and it would be prohibited by the statute. There is no prohibition, however, if only one member of the advisory board is present at a private meeting. 6. Question: My advisory board has a membership of fifteen persons and there are five subcommittees of three members each. Are the subcommittees subject to the Sunshine Law? Answer: There is no exception to the Sunshine Law for subcommittees and all subcommittee meetings All Members of All Boards Established by the Board of Cot.nty Commissioners December 22, 1995 Page 4 should be noticed and the public have the opportunity to attend just as if it were a meeting of your full board. This matter will be discussed with the various staff liaisons to the advisory boards and, if it is not being done in every case, it will be done in the future. 7. Question: Can my advisory board adopt rules and policies for the conduct of the board's public meeting? And what about audio or video type recordings of meetings by members of the public? Answer: Reasonable rules and policies which ensure the orderly conduct of a public meeting and which require orderly behavior on the part of those persons attending a public meeting may be adopted by the board. A rule or policy which prohibits the use of nondisruptive or silent audio or video type recording devices or cameras by the media or others, however, is unreasonable and arbitrary and is, therefore, invalid. 8. Question: Are there any penalties for violation of the Sunshine Law? Answer: Any member of a board or commission of any state agency or authority of a county, municipal corporation or political subdivision (which includes all advisory boards) who knowingly violates the Sunshine Law is guilty of a misdemeanor of the second degree. The statutes also impose non-criminal penalties for violation of the Sunshine Law by providing that any public official violating the provisions of the Sunshine Law is guilty of a non-criminal infraction, punishable by a fine not exceeding five hundred dollars. It should be noted that the above situations would be prohibited by the Sunshine Law because they are defined as meetings (two or more advisory board members present) without reasonable public notice. The Sunshine Law does not prohibit members of the same board from socializing, attending functions together, golfing or any other activity as long as matters which are pending before their board or which may foreseeably come before their board are not discussed. All Members of All Boards Established by the Board of County Commissioners December 22, 1995 Page 5 If after reading this memo you have come to the conclusion that the Sunshine Law is construed very strictly and that it places a strict prohibition on your ability to discuss your board's issues with other board members outside of a public meeting, you are absolutely correct. The courts do construe the Sunshine Law very strictly, and I'm sure they will continue to do so. I know that the Board of County Commissioners has always been very appreciative of the work that is done by the members of its various boards and committees and neither the Board of County Commissioners nor this office would want any advisory board member to run into a problem in the course of your assistance to the County. Therefore, my advice would be to approach this issue cautiously and, when in doubt, assume the Sunshine Law applies. If you would like additional information regarding this matter or if I can provide further details regarding any issue addressed in this memo, please let me know. My office also has copies of the Government-In-The-Sunshine Manual, which is a very comprehensive and well written book prepared by the Attorney General's office, and we can provide that book to you on a loan basis or for review in our office. dcw/tw/13737 cc: Board of County Commissioners Staff Liaisons to Advisory and Quasi-Judicial Boards and Committees ATTACHMENT D ENVIRONMENT §54-28 • ARTICLE I. IN GENERAL agement and protection of air, land, and water resources and environmental quality Secs. 54-1-54-25. Reserved. in the county. (2) Assist the board to establish goals and ob- jectives for the county's environmental con- ARTICLE IL ENVIRONMENTAL POLICY servation and management programs. TECHNICAL ADVISORY BOARD' (3) Assist the board in developing and revising, as appropriate,local rules,ordinances,reg- Sec. 54-26. Establishment. ulations,programs and other initiatives ad. preser- There is herebyestablished the environmental dressing the use, conservation and vation of the county's natural resources. policy technical advisory board,which shall herein be referred to as the EPTAB. (4) Assist in the implementation and develop- Ord. No. 91-26, § 1) ment of the growth management plan re- garding environmental and natural re- Sec. 54.27. Authority;functions; powers and squrce issues. duties. (5) Assist the board in identifying and recom- (a) The environmental policy technical advi- sory board obtains its jurisdiction, powers, and environmental issues. limits of authority from the board of county corn- (6) Serve as the technical advisory committee missioners and, pursuant to this article, shall act to advise and assist the county in the ac- in an advisory capacity to the board in matters tivities involved in the development and im- dealing with the regulation,control,management, plementation of the county environmental use or exploitation of any or all natural resources resources management program as stated of or within the county. in Policy 1.1.1 of the conservation and (b) The advisory board will function to: coastal management element of the growth management plan. (1) Advise on the preservation, conservation, (7) Implement the water policy pursuant to protection, management and beneficial use chapter 90, article II of this Code. of the physical and biological natural re- sources (atmospheric, terrestrial, aquatic (8) Provide an opportunity for public comment and hydrologic) of the county in regard to on environmental issues, ordinances and the safety,health and general well-being of programs. the public; (Ord. No. 91-26, § 2) 12) Advise and assist the county staff and board Sec. 54-28. Membership. toward developing the purpose, intent and criteria of all county ordinances, policies, (a) The environmental policy technical advi- programs and other initiatives dealing with sory board shall be composed of 11 members who natural resources. shall be appointed by and serve at the pleasure of the board.Appointment to the advisory board shall (c) The powers and duties of the advisory board be by resolution of the board and shall set forth are as follows: the date of appointment and the term of office. 1) Identify, study, evaluate, and provide tech- (b) Vacancies on the advisory board shall be nical recommendations to the board on pro- publicized in a publication of general circulation grams necessary for the conservation,manwithin the county, and vacancy notices shall be *Cross reference—Boards,commissions and authorities,§ posted in the county libraries and county court- 2-816 et seq. house. Along with the applicant responses the CD54:5 I 54-28 COLLIER COUNTY CODE • board's staff shall provide the board with a list (1) For the full term of the initial appointments, outlining the qualifications and demographic back- the three members serving until September 30, ground of each candidate, including the.present 1994 and the two members serving until Sep- members seeking reappointment. tember 30, 1995 shall have demonstrated exper- tise in biology(including any of the subdisciplines (c) Members shall be permanent residents and such as botany,ecology, electors of the county and should be reputable and After zoology, etc.)and/or hwese life management. the expiration of these active in community service. initial terms of appointment, the vacancies may (d) The primary consideration in appointing the be filled by members demonstrating expertise in advisory board members shall be to provide the any of the abovementioned areas related to envi- board with technical expertise necessary to effec- tively accomplish the advisory board's purpose. agement. Members shall demonstrate evidence of expertise (g) Any member of the advisory board may be in one or more of the following areas related to removed from office by a majority vote of the board. environmental protection and natural resources management: air quality, biology (including any (h) Members shall be automatically removed if of the subdisciplines such as a botany, ecology, they are absent from two consecutive meetings zoology, etc.), coastal processes, estuarine pro- without a satisfactory excuse or if they are absent cesses,hazardous waste,hydrogeology,hydrology, from more than one-fourth of the meetings in a hydraulics, land use law, land use planning, pol given fiscal year. Members shall be deemed ab- lution control, solid waste, stormwater manage- sent from a meeting when they are not present ment, water resources, wildlife management, or during at least 75 percent of the meeting. other representative areas deemed appropriate by (Ord. No. 91-26, § 3; Ord.No. 91-48, § 1) the board such as, but not limited to, a represen- Sec. 54-29. Officers and support staff. tative of the development community. PP tech- el The initial terms of office of the members of (a) The officers of the environmental policy the advisory board shall be as follows: nical advisory board shall be a chairman and a vice-chairman. Officers' terms shall be for one (1) Three members will serve until September year,with eligibility for reelection. The chairman 30, 1992; and vice-chairman shall be elected by a majority vote at the organizational meeting and thereafter (2) Three members will serve until September at the first regular meeting of the advisory board 30, 1993; in October of each year. (3) Three members will serve until September (b) The chairman shall preside at all meetings 30, 1994; of the advisory board.The vice-chairman shall per- form the duties of the chairman in the absence or (4) Two members will serve until September incapacity of the chairman. In case of the re- 30, 1995. moval, resignation or death of the chairman, the After the initial term of appointment, each ap- vice-chairman shall perform such duties as are pointment or reappointment shall be for a term of imposed on the chairman until such time as the four years. All terms of office shall expire on Sep advisory board shall elect a new chairman.Should be- tember 30. Terms of office shall be limited to two the offices of chairman and/or vice-chairman consecutive terms unless waived by the board by come vacant, the advisory board shall elect a suc a unanimous vote.A member may be reappointed cessor from its membership at the next regular by the board for only one successive term and shall meeting. Such election shall be for the unexpired apply with other applicants. Terms shall be stag term of said office. gered so that no more than a minority of such (c) Professional support staff for the advisory members' appointments will expire in any one board shall be provided by the environmental ser- year. vices division and such other county staff from CD54:6 ENVIRONMENT §5457 I' elsewhere within the county government as may, Items shall come before the advisory board as from time to time, be requested by the advisory scheduled on the printed agenda unless a specific board and deemed necessary by the county admin- request arises which justifies deviation by the ad- istrator. visory board. (Ord. No. 91-26, § 4) (Ord. No. 91-26, § 5; Ord. No. 91-48, § 2) Sec. 54-30. Meetings;quorum;rules of proce- Sec. 54-31. Review process. dure. (a) Regular meetings of the environmental The environmental policy technical advisory policy technical advisory board shall be held on board shall be reviewed for major accomplish- the second Wednesday of each month at 9:00 a.m., ments and whether the board is serving the pur- or as otherwise determined by the advisory board, pose for which it was created once every four years in the commissioner's meeting room,Third Floor, commencing with 1994, in accordance with the Building "F," Collier County Government Corn- procedures contained in chapter 2, article VIII, plex, Naples, Collier County, Florida. Special division 2 of this Code. meetings of the advisory board may be called by (Ord. No. 91.26, § 9) the chairman or by a majority of the membership. Such meetings may be called subject to public no- tice to reduce an overloaded agenda or to consider Sec. 54-32. Reimbursement of expenses. a specific topic. Members of the environmental policy technical • (b) A simple majority of the appointed mem- advisory board shall serve without compensation, bers of the advisory board shall constitute a but shall be entitled to receive reimbursement for quorum for the purpose of conducting business. expenses reasonably incurred in the performance An affirmative vote of six or more members shall of their duties upon prior approval of the board of be necessary in order to take official action, re- county commissioners. gardless of whether six or more members of the (Ord. No. 91.26, § 8) advisory board are present at a meeting. (c) The advisory board shall, by majority vote Secs. 54-33-54-55. Reserved. of the entire membership, adopt rules of proce- dure for the transaction of business and shall keep a record of meetings, resolutions, findings and de- terminations. The advisory board may establish ARTICLE III.WATER POLLUTION subcommittees comprised solely of its member- CONTROL PROGRAM ship to facilitate its functions. Meetings of the subcommittees shall conform to the same public notice requirements as that of the advisory board. Sec. 54-56. Title and citation. (d) At the regular meetings of the advisory This article shall be known and may be cited as board,the following shall be the order of business: the "Collier County Water Pollution Control (1) Roll call. Ordinance." (Ord. No. 89-20, § 1) (2) Approval of the minutes of previous meeting. Sec. 54-57. Applicability. ,3) Old business. New article shall apply county-wide. (4? \ew business. ,Ord. No. 89.20, § 2) 5.' Public comments. State law reference—Conflicts between ordinances of non- charted counties and municipal ordinances, Fla. Const. art. (6) Adjournment. VIII, § (f). CD54:7 ATTACHMENT E MAILING LIST OF EPTAB MEMBERS Tibor (Ty) Agoston Maureen McCarthy 360 - 10th Avenue, N.W. The Dorchester - #501 Naples, Florida 34120 6075 Pelican Bay Blvd. Home: 455-8400 Naples, Florida 34108 Work: None Home: 598-3857 Fax: 455-4310 Fax: 566-2483 Steven H. Bigelow William E.J. McKinney 1937 Empress Court 1898 Mission Drive Naples, Florida 34110 Naples, Florida 34109 Home: 514-0833 Home: 592-7124 Work: 455-8062 Work: 261-2244/114 Fax: 455-0853 Fax: 263-4218 Bradley Cornell Monty Robinson 556 - 109th Avenue, North 2 Tina Lane, Lot 242 Naples, Florida 34108 Naples, Florida 34104 Home: 592-7805 Home: 643-6320 Work: 597-0653 Work: 649-1551 Fax: 597-6683 Fax: 649-7112 Michael J. Delate Michael Simonik 3700 - 27th Avenue, S.W. 1450 Merrihue Drive Naples, Florida 34117 Naples, Florida 34102 Home: 455-5319 Home: 434-9736 Work: 262-4617 Work: 403-4222 Fax: 262-3074 Fax: 262-5872 Brenda C. Fogel Jan M. Stevens 1019 Broad Avenue, North 604 Crossfield Circle Naples, Florida 34102 Naples, Florida 34104 Home: 403-0412 (unlisted) Home: 403-9223 Work: 262-8800 x162 Work: 403-8811 Fax: 262-4276 Fax: Allen Morgan Kratz 10 Sabre Cay Naples, Florida 34102-7937 Home: 649-7697 Work: 643-4636 Fax: 649-7689 MEMORANDUM DATE: December 22, 1995 TO: Staff Liaisons to all County Commission Advisory Boards, Committees, Authorities and Task Force(s) FROM: David C. Weigel, County Attorney �. SUBJECT: Distribution of Information Memo - Florid Governnment-In-The-Sunshine Law Provided herewith is a memorandum dated December 22, 1995 from the County Attorney to all staff liaisons for copying and distribution to all members of all advisory boards, committees, authorities and task force(s) established by the Collier County Board of County Commissioners. I hope this memorandum, covering some of the more practical and problematic aspects of the Florida Government-In-The-Sunshine Law applicable to public board or committee meetings, is helpful to the County staff and all board/committee members. Please make copies and distribute accordingly, and thanks for your help in this regard. dew/m/15005 ( r y �JJ MEMORANDUM DATE: December 22, 1995 TO: All Members of All Boards Established by the Board of County Commissioners (including Advisory Boards, Quasi-Judicial Boards and Ad Hoc Committees) FROM: David C. Weigel, County Attorney AQ., 14,4, j___ RE: Government-In-The-Sunshine Law (Section 286.011, Florida Statutes) As a result of several questions that our office has received from both advisory board members, staff members and members of the public attending meetings, I believe it would be helpful to summarize and clarify the Government-In-The-Sunshine Law to assure that advisory board members (including quasi-judicial board members and ad hoc committee members) are aware of the basic compliance requirements of that law. The Florida Government-In-The-Sunshine Law, Section 286. 011, Florida Statutes, commonly referred to as the "Sunshine Law, " is a state statute which guarantees a public right of access to governmental proceedings and is equally applicable to elected and appointed boards. There are a few exceptions to the Sunshine Law, but for your purposes the Sunshine Law will almost always be applicable to you and your proceedings and, unless otherwise advised by this office, it is critical that you conduct your activities and proceedings with the understanding that the Sunshine Law is applicable to you in all situations. There are other requirements of_the Law that are usually addressed by County staff (e.g. , notice and minutes) , however this memo is intended only to address the Sunshine Law as it is applicable to the various board and committee members. This memorandum is not intended to be all-inclusive but rather only to remind you of the basic requirements of the law based on questions that I have recently received. The Sunshine Law prohibits the discussion by two or more members of the same board of any matter which is before that board or will foreseeably come before that board for discussion or action, except at a properly noticed meeting of that board (staff handles the notice requirements) . In other words, if two or more board members are talking about county business which is handled by their board, the Sunshine Law considers such activity to be a "meeting" and reasonable notice must be given to the public of any meeting. The reason for this is to provide an opportunity for the public to be present at the board's decision-making process and to assure that the public All Members of All Boards Established by the Board of County Commissioners December 22, 1995 Page 2 is aware of how decisions are made. Below are some commonly asked questions and the answers which may clarify this issue for you. 1. Question: If I have a question about an issue which I know will be discussed at an upcoming meeting, can I communicate with another board member regarding the issue either in person or through the use of a telephone, a fax machine, a computer, letters or memos? Answer: It is a violation of the Sunshine Law to discuss the County business matter which you know will come before your board or which will foreseeably come before your board except at a properly noticed meeting. Although nothing prohibits you from calling another member to ask the time or location of a meeting, any discussion or communication. in person. by telephone or otherwisg, of the substance, merits or issues of any County business matter before your board or which foreseeably will come before your board, is a violation of the Sunshine Law. 2. Question: If I am at a meeting of my board and we are on a "break, " can I discuss issues before the board with another member during that recess? Answer: It is a violation of the Sunshine Law to discuss matters which are before your board or which foreseeably could come before your board except while you're in session at a properly noticed meeting. Discussion in the hallway or on the way to the meeting or after the meeting are "outside of the sunshine" and are prohibited by the statute. 3. Question: If I am at a breakfast function with six people in attendance and one of them is also an advisory board member (same Board) for the County, is it a violation of the Sunshine Law if an issue to be considered by the advisory board is discussed and, if so, what if I consider it rude to leave the breakfast meeting to avoid being present during such discussion? Answer: I can only advise you on the law and the Sunshine Law requires that you and any other board member present refrain from discussing All Members of All Boards Established by the Board of County Commissioners December 22, 1995 Page 3 matters on which foreseeable action may be taken. The practical answer is to ask that the matter not be discussed or, at the very least, do not participate in the discussion at all (although some Attorney General Opinions do recommend that you actually leave the function, at least during the discussion of such matters) . 4. Question: A friend and I, prior to our appointment to an advisory board, always discussed matters that our board now addresses and the only reason we both joined the advisory board was to participate in the process and assist the County. Since we have always discussed these matters, can't we still do so even though we now belong to the same advisory board? Answer: There is no exception in the Sunshine Law for prior interest in the subject matter of the board or prior mutual interests of members of the board. Once you become a member of a county advisory board, the Sunshine Law is applicable and any such discussion of any matter which is scheduled to come before that board or which may foreseeably come before that board is a violation of the Sunshine Law. 5. Question: Can another member of my advisory board and I schedule a meeting with a prominent local businessman, or a local public official or the president of a civic group or any other person to discuss matters which are pending before our advisory board or which may foreseeably come before our advisory board, for example to solicit help or support? Answer: There is no exception to the Sunshine Law for this type of situation and it would be prohibited by the statute. There is no prohibition, however, if only one member of the advisory board is present at a private meeting. 6. Question: My advisory board has a membership of fifteen persons and there are five subcommittees of three members each. Are the subcommittees subject to the Sunshine Law? Answer: There is no exception to the Sunshine Law for subcommittees and all subcommittee meetings All Members of All Boards Established by the Board of County Commissioners December 22, 1995 Page 4 should be noticed and the public have the opportunity to attend just as if it were a meeting of your full board. This matter will be discussed with the various staff liaisons to the advisory boards and, if it is not being done in every case, it will be done in the future. 7. Question: Can my advisory board adopt rules and policies for the conduct of the board's public meeting? And what about audio or video type recordings of meetings by members of the public? Answer: Reasonable rules and policies which ensure the orderly conduct of a public meeting and which require orderly behavior on the part of those persons attending a public meeting may be adopted by the board. A rule or policy which prohibits the use of nondisruptive or silent audio or video type recording devices or cameras by the media or others, however, is unreasonable and arbitrary and is, therefore, invalid. 8. Question: Are there any penalties for violation of the Sunshine Law? Answer: Any member of a board or commission of any state agency or authority of a county, municipal corporation or political subdivision (which includes all advisory boards) who knowingly violates the Sunshine Law is guilty of a misdemeanor of the second degree. The statutes also impose non-criminal penalties for violation of the Sunshine Law by providing that any public official violating the provisions of the Sunshine Law is guilty of a non-criminal infraction, punishable by a fine not exceeding five hundred dollars. It should be noted that the above situations would be prohibited by the Sunshine Law because they are defined as meetings (two or more advisory board members present) without reasonable public notice. The Sunshine Law does not prohibit members of the same board from socializing, attending functions together, golfing or any other activity as long as matters which are pending before their board or which may foreseeably come before their board are not discussed. All Members of All Boards Established by the Board of County Commissioners December 22, 1995 Page 5 If after reading this memo you have come to the conclusion that the Sunshine Law is construed very strictly and that it places a strict prohibition on your ability to discuss your board's issues with other board members outside of a public meeting, you are absolutely correct. The courts do construe the Sunshine Law very strictly, and I'm sure they will continue to do so. I know that the Board of County Commissioners has always been very appreciative of the work that is done by the members of its various boards and committees and neither the Board of County Commissioners nor this office would want any advisory board member to run into a problem in the course of your assistance to the County. Therefore, my advice would be to approach this issue cautiously and, when in doubt, assume the Sunshine Law applies. If you would like additional information regarding this matter or if I can provide further details regarding any issue addressed in this memo, please let me know. My office also has copies of the Government-In-The-Sunshine Manual, which is a very comprehensive and well written book prepared by the Attorney General's office, and we can provide that book to you on a loan basis or for review in our office. dcw/tw/13737 cc: Board of County Commissioners Staff Liaisons to Advisory and Quasi-Judicial Boards and Committees MEMORANDUM DATE: December 22, 1995 TO: Staff Liaisons to all County Commission Advisory Boards, Committees, Authorities and Task Force(s) FROM: David C. Weigel, County Attorney L -44:71___, SUBJECT: Distribution of Information Memo - Florid Governnment-In-The-Sunshine Law Provided herewith is a memorandum dated December 22, 1995 from the County Attorney to all staff liaisons for copying and distribution to all members of all advisory boards, committees, authorities and task force(s) established by the Collier County Board of County Commissioners. I hope this memorandum, covering some of the more practical and problematic aspects of the Florida Government-In-The-Sunshine Law applicable to public board or committee meetings, is helpful to the County staff and all board/committee members. Please make copies and distribute accordingly, and thanks for your help in this regard. dcw/tw/15005 LEC 2 r;";35 MENT vES MEMORANDUM DATE: December 22, 1995 TO: All Members of All Boards Established by the Board of County Commissioners (including Advisory Boards, Quasi-Judicial Boards and Ad Hoc Committees) FROM: David C. Weigel, County Attorney IlL RE: Government-In-The-Sunshine Law (Section 286.011, Florida Statutes) As a result of several questions that our office has received from both advisory board members, staff members and members of the public attending meetings, I believe it would be helpful to summarize and clarify the Government-In-The-Sunshine Law to assure that advisory board members (including quasi-judicial board members and ad hoc committee members) are aware of the basic compliance requirements of that law. The Florida Government-In-The-Sunshine Law, Section 286. 011, Florida Statutes, commonly referred to as the "Sunshine Law, " is a state statute which guarantees a public right of access to governmental proceedings and is equally applicable to elected and appointed boards. There are a few exceptions to the Sunshine Law, but for your purposes the Sunshine Law will almost always be applicable to you and your proceedings and, unless otherwise advised by this office, it is critical that you conduct your activities and proceedings with the understanding that the Sunshine Law is applicable to you in all situations. There are other requirements of.the Law that are usually addressed by County staff (e.g. , notice and minutes) , however this memo is intended only to address the Sunshine Law as it is applicable to the various board and committee members. This memorandum is not intended to be all-inclusive but rather only to remind you of the basic requirements of the law based on questions that I have recently received. The Sunshine Law prohibits the discussion by two or more members of the same board of any matter which is before that board or will foreseeably come before that board for discussion or action, except at a properly noticed meeting of that board (staff handles the notice requirements) . In other words, if two or more board members are talking about county business which is handled by their board, the Sunshine Law considers such activity to be a "meeting" and reasonable notice must be given to the public of any meeting. The reason for this is to provide an opportunity for the public to be present at the board's decision-making process and to assure that the public All Members of All Boards Established by the Board of County Commissioners December 22, 1995 Page 2 is aware of how decisions are made. Below are some commonly asked questions and the answers which may clarify this issue for you. 1. Question: If I have a question about an issue which I know will be discussed at an upcoming meeting, can I communicate with another board member regarding the issue either in person or through the use of a telephone, a fax machine, a computer, letters or memos? Answer: It is a violation of the Sunshine Law to discuss the County business matter which you know will come before your board or which will foreseeably come before your board except at a properly noticed meeting. Although nothing prohibits you from calling another member to ask the time or location of a meeting, any discussion or communication. in person, by telephone or otherwise, of the substance, merits or issues of any County business matter before your board or which foreseeably will come before your board, is a violation of the Sunshine Law. 2. Question: If I am at a meeting of my board and we are on a "break, " can I discuss issues before the board with another member during that recess? Answer: It is a violation of the Sunshine Law to discuss matters which are before your board or which foreseeably could come before your board except while you're in session at a properly noticed meeting. Discussion in the hallway or on the way to the meeting or after the meeting are "outside of the sunshine" and are prohibited by the statute. 3. Question: If I am at a breakfast function with six people in attendance and one of them is also an advisory board member (same Board) for the County, is it a violation of the Sunshine Law if an issue to be considered by the advisory board is discussed and, if so, what if I consider it rude to leave the breakfast meeting to avoid being present during such discussion? Answer: I can only advise you on the law and the Sunshine Law requires that you and any other board member present refrain from discussing R11 Members of All Boards Established by the Board of County Commissioners December 22, 1995 Page 3 matters on which foreseeable action may be taken. The practical answer is to ask that the matter not be discussed or, at the very least, do not participate in the discussion at all (although some Attorney General Opinions do recommend that you actually leave the function, at least during the discussion of such matters) . 4. Question: A friend and I, prior to our appointment to an advisory board, always discussed matters that our board now addresses and the only reason we both joined the advisory board was to participate in the process and assist the County. Since we have always discussed these matters, can't we still do so even though we now belong to the same advisory board? Answer: There is no exception in the Sunshine Law for prior interest in the subject matter of the board or prior mutual interests of members of the board. Once you become a member of a county advisory board, the Sunshine Law is applicable and any such discussion of any matter which is scheduled to come before that board or which may foreseeably come before that board is a violation of the Sunshine Law. 5. Question: Can another member of my advisory board and I schedule a meeting with a prominent local businessman, or a local public official or the president of a civic group or any other person to discuss matters which are pending before our advisory board or which may foreseeably come before our advisory board, for example to solicit help or support? Answer: There is no exception to the Sunshine Law for this type of situation and it would be prohibited by the statute. There is no prohibition, however, if only one member of the advisory board is present at a private meeting. 6. Question: My advisory board has a membership of fifteen persons and there are five subcommittees of three members each. Are the subcommittees subject to the Sunshine Law? Answer: There is no exception to the Sunshine Law for subcommittees and all subcommittee meetings All Members of All Boards Established by the Board of County Commissioners December 22, 1995 Page 4 should be noticed and the public have the opportunity to attend just as if it were a meeting of your full board. This matter will be discussed with the various staff liaisons to the advisory boards and, if it is not being done in every case, it will be done in the future. 7. Question: Can my advisory board adopt rules and policies for the conduct of the board's public meeting? And what about audio or video type recordings of meetings by members of the public? Answer: Reasonable rules and policies which ensure the orderly conduct of a public meeting and which require orderly behavior on the part of those persons attending a public meeting may be adopted by the board. A rule or policy which prohibits the use of nondisruptive or silent audio or video type recording devices or cameras by the media or others, however, is unreasonable and arbitrary and is, therefore, invalid. 8. Question: Are there any penalties for violation of the Sunshine Law? Answer: Any member of a board or commission of any state agency or authority of a county, municipal corporation or political subdivision (which includes all advisory boards) who knowingly violates the Sunshine Law is guilty of a misdemeanor of the second degree. The statutes also impose non-criminal penalties for violation of the Sunshine Law by providing that any public official violating the provisions of the Sunshine Law is guilty of a non-criminal infraction, punishable by a fine not exceeding five hundred dollars. It should be noted that the above situations would be prohibited by the Sunshine Law because they are defined as meetings (two or more advisory board members present) without reasonable public notice. The Sunshine Law does not prohibit members of the same board from socializing, attending functions together, golfing or any other activity as long as matters which are pending before their board or which may foreseeably come before their board are not discussed. All Members of All Boards Established by the Board of County Commissioners December 22, 1995 Page 5 If after reading this memo you have come to the conclusion that the Sunshine Law is construed very strictly and that it places a strict prohibition on your ability to discuss your board's issues with other board members outside of a public meeting, you are absolutely correct. The courts do construe the Sunshine Law very strictly, and I'm sure they will continue to do so. I know that the Board of County Commissioners has always been very appreciative of the work that is done by the members of its various boards and committees and neither the Board of County Commissioners nor this office would want any advisory board member to run into a problem in the course of your assistance to the County. Therefore, my advice would be to approach this issue cautiously and, when in doubt, assume the Sunshine Law applies. If you would like additional information regarding this matter or if I can provide further details regarding any issue addressed in this memo, please let me know. My office also has copies of the Government-In-The-Sunshine Manual, which is a very comprehensive and well written book prepared by the Attorney General's office, and we can provide that book to you on a loan basis or for review in our office. dcwhwns737 cc: Board of County Commissioners Staff Liaisons to Advisory and Quasi-Judicial Boards and Committees