PBSD MSTBU Agenda 05/31/2019 W PELICAN BAY SERVICES DIVISION
MUNICIPAL SERVICE TAXING & BENEFIT UNIT
NOTICE OF PUBLIC MEETING MAY 31, 2019
THE PELICAN BAY SERVICES DIVISION BOARD WILL HOLD A
WORKSHOP ON FRIDAY, MAY 31 AT 8:30 AM AT THE PELICAN BAY
SERVICES DIVISION, 3RD FLOOR OF THE SUNTRUST BUILDING,
SUITE 302, LOCATED AT 801 LAUREL OAK DRIVE, NAPLES,
FLORIDA, 34108
AGENDA
1. PBSD history and background
2. Sunshine Law/Ethics overview (Colleen Green, County Attorney's Office)
3. Operations Facility
a. Irrigation demo
b. US 41 berm landscaping
c. Horticultural debris process
4. Water Management
a. Grosvenor project
b. Lake 2-9
c. Bay Colony Beach Dune Swale
5. Beach Rake Demonstration
6. Adjourn
ANY PERSON WISHING TO SPEAK ON AN AGENDA ITEM WILL RECEIVE UP TO ONE (1) MINUTE
PER ITEM TO ADDRESS THE BOARD. THE BOARD WILL SOLICIT PUBLIC COMMENTS ON
SUBJECTS NOT ON THIS AGENDA AND ANY PERSON WISHING TO SPEAK WILL RECEIVE UP TO
THREE (3) MINUTES. THE BOARD ENCOURAGES YOU TO SUBMIT YOUR COMMENTS IN WRITING
IN ADVANCE OF THE MEETING. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS
BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE
MAY NEED TO ENSURE THAT A VERBATIM RECORD IS MADE, WHICH INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A
DISABILITY WHO NEEDS AN ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING
YOU ARE ENTITLED TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE
PELICAN BAY SERVICES DIVISION AT (239) 597-1749 OR VISIT
PELICANBAYSERVICESDIVISION.NET.
5/23/2019
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Collier County
Advisory Boards
in the Sunshine
•
Office of the County Attorney
Jeffrey A.Klatzkow,County Attorney
Overview of Presentation
• General Discussion of Advisory Boards;
• A Discussion of Florida's Government in the
Sunshine Law;
• A Discussion of Public Records Law:and
• Ethics Laws,both State and Local
•
• What Is An Advisory Board?
A County advisory board is created by
ordinance, resolution or Florida statutes to
provide advice and recommendations to the
Board of County Commissioners on diverse
matters of public concern. Collier County has
approximately 40 Advisory Boards with over
300 members.
1
Why Do We Have Advisory Boards?
Citizen participation is vital to a democratic
government. Advisory boards, commissions,
and authorities are an integral part of the
governmental process in Collier County. The
volunteers who participate provide the Board of
County Commissioners with valuable insights
and their service is greatly appreciated.
What Ordinance Governs
My Advisory Board?
There are two County Ordinances you should be aware
of:
I. The County's General Advisory Board
Ordinance,Ord.No.01-55.as amended,and
2. The Ordinance or Resolution that created your
Advisory Board.
Overview of the General Advisory
Board Ordinance
®Requirements for board members
■Appointment
s Loss of Membership
■No representation of Collier County
2
Requirements for Board Members
All members of County advisory boards must be
permanent residents and electors of Collier County and
should be reputable and active in community service.
The requirement that a board member must be a Collier
County elector may be exempted if the ordinance which
created the board specifies the need for membership
outside Collier County's boundaries. In addition, all
board members should have demonstrated an interest in
the activity or service, which is the purpose of the
board.
How is a Member Appointed to an Advisory Board?
All Advisory Board members are appointed by the
Board of County Commissioners during a Regular
Public Meeting. and serve at the pleasure of the Board
of County Commissioners. The Commission's primary
consideration in appointing board members is to provide
the Advisory Board with the technical, professional,
financial, business or administrative expertise necessary
to effectively accomplish the Advisory Board's purpose.
Loss of Membership from an Advisory Board
Among the ways in which your ntembersltip from an Ads isory Board may
prematurely end include the following
I You cease to be a resident of Collie'County,
2 You become a candidate for political office unless sou are running
unopposed for a non-remunerative elective position or an elective position
receiving nominal remuneration.such as the\losquito Control District Board
or a lire district board,or you already serve in an elected position and are
seeking re-election,
3 You become a plaintiff in a lawsuit against Collier County,
4 You were absent for more than one-half of the advisory board's meetings in
a given fiscal year.and
5 You are removed by the Board of County Commissioners,with or without
reason
3
An Advisory Board Member Does Not
Represent Collier County
A member of an Advisory Board is not a representative
of Collier County. You speak on behalf of yourself,not
on behalf of your advisory board or Collier County. To
that end,you may not print,create,use or distribute any
business or informational card depicting the County
logo or in any way representing you as a representative
of Collier County or as a County board member.
Overview of Your Advisory Board Ordinance
Your Advisory Board Ordinance(or Resolution if this is
an ad hoc committee)will typically define the purpose,
powers and duties of your board: the number of
members on the board: the member's term of office
(which is typically staggered); what constitutes a
quorum: and the board's rules of procedure (which
generally default to Robert's Rules of Procedure).
Florida's Government in the
Sunshine Law
4
What is Florida's Government-in-the-
Sunshine Law?
#t Enacted in 1967
• Found in Chapter 286.Florida Statutes
• Establishes a basic right of access to most
meetings of boards. commissions and other
governing bodies of state and local governmental
agencies or authorities
tea°sE
Sunshine Law
The Sunshine Law is "applicable to any gathering. whether
formal or casual, of two or members of the same board or
commission to discuss some matter on which foreseeable action
gill be taken by the public board or commission
Hough v.Stembridee.278 So 2d 288(Fla.3d DCA 19731
The Three Basic Requirements of the
Sunshine Law,
§286.011,Florida Statutes
low Meetings of public boards,commissions or
committees("boards")must be open to the public.
Reasonable notice of such meetings must be
maw ��iv�en.
Minutes of the meeting must be taken.
5
Meetings Must be Open
to the Public
The public must be allowed to attend meetings. and the
location:
• Must be accessible
• Sufficient size for turnout
• Facility cannot discriminate based on age.race.etc
• Public access not unreasonably restricted
• Be within Collier County with few exceptions
•Effective to 12013 - public shall he given a reasonable
opportunity to he heard on a proposition before a hoard or
commission Board may establish policies to maintain orderly
conduct and decorum May establish time limits
Reasonable notice of such meetings
must be given.
The public must be given reasonable and timely
notice so they can decide whether to attend.What
is "reasonable" or "timely" depends on the
circumstance. It does not necessarily require a
newspaper advertisement contact the County
Attorney's Office for guidance.
Minutes of the meeting are required. Written
minutes must be taken and made available promptly.
• Sound recordings may also be used,but only in addition to written
minutes.
• Minutes may be a brief summary of meeting's events
• Minutes are public records
• Minutes must record the votes
44110,
6
• The Sunshine Law applies to all advisory boards
and all of the advisory board's subcommittees.
• The Sunshine Law applies when two or more
members of a board or subcommittee discuss a
matter that may foreseeably come before the board
or subcommittee.
Subcommittee Issues
A subcommittee is a subordinate
committee chosen from among the members of
a main committee to carry out special
assignments. All members of a subcommittee
must be members of the Advisory Board. All
subcommittees are Sunshine Committees. and
must adhere to all of the requirements of the
Sunshine Law.
Advisory Board Members
Must strictly adhere to all aspects of the Sunshine
Law
No pre or post meeting discussions;
No private conversations on the dais:
Avoid testing on the dais.
May not use non-members as liaisons
between hoard members.
Avoid the appearance of impropriety.
7
Written Correspondence
A board member may send documents on matters
coming before the board for official action to other
board members, PROVIDED there are no responses
front or interaction related to documents among, the
board members prior to the public meeting. The written
correspondence becomes a public record.
X11
•Recommend use of staff liaison 11
•Two way communication must be done in the Sunshine
Inspection Trips
Members of an advisory board may conduct inspection trips
(limited basis).
• All requirements of the Sunshine Law must be met,as
fact finding exemption does not apply to a hoard with
"ultimate decision-making authonty Sec Finch v
Seminole County School Board.995 So 2d 1068(Fla
5"'DCA 2008).
• To avoid Sunshine issues, if you wish to conduct an
inspection,do so outside the company of a fellow board
member.
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FAQs
3 Are two members of the same Advisory Board or Board of
County Commissioners allowed to attend the same social
event or civic function,like a Chamber of Commerce meeting?
/ Social events and other community events are of course
permissible. Advisory Board members must be aware not to
discuss any matter that may be discussed at their advisory
board meetings.
I Does the Sunshine Law apply to private organizations,such as
homeowners'associations?
I No. The Sunshine Law only applies to local government
hoards.
i Does the Sunshine Law apply to a meeting between
one County Commissioner and a private citizen?
i No,the Sunshine Law only applies to certain
discussions between two members of the same board.
Validity of Action Taken in Violation of The Sunshine
Law/Subsequent Corrective Action
• Section 386.011. F , provides that no resolution, rule.
regulation or formal action shall be considered binding
except as taken or made at an open meeting.
• Recognizing that the Sunshine Law should be construed so
as to frustrate all evasive devices.the courts have held that
action taken in violation of the law is void ah nano(/inm
the beginning)
• Mann /iuuuanon.c, some case law exists holding that
Sunshine Law violations can be cured by independent.
final action taken completely in the Sunshine.
9
What are the Consequences if a Public Board
or Commission Fails to Comply with the
Sunshine Law?
Criminal Penalties
• It is a second degree misdemeanor to knowingly violate the Sunshine
law
• Punishable with a fine of up to S5O0 and/or up to n0 days imprisonment
Other Penalties Include
• Removal from position
• Payment of attorney's fees incurred by the challenging party,as well as
declaratory and injunctive relief
l%� The Headlines
We Don't Want!
-Judge Finds Marco Councilor Guilty of Sunshine Law
Violation!!" r,a,i„naol,No,.7i7r tl
'-Planning Member's Lunch Clouds Florida in Sunshine
Law"Naplc,Ua,h Ncu.2l7417
Grand Jury OKs City Sunshine Law Investigation 7,12,07
,e.L,,,,,,lI No„
"A Times-Union investigation Finds Evidence of
Florida Sunshine Law Violations"ILmJa Imo-Um.ova
PUBLIC RECORDS
Office of the County Attorney
Jeffrey A.Klatzkow,County Attorney
10
The Definition of Public Records Open to
Inspection to Any Person is Very Broad.
r
."1--- A public record encompasses all
materials made or receiver!by an
.•:f�.-. agency in connection with official
1; ;,•;..;-:: business which are used to
:.,:,;" perpetuate,communicate or
formalize knowledge,regardless of
pi„.
whether such materials are in fuzal
form.
AG 1
Public Records Law
j Public Records include:
All documents, paper, letters, maps,
books, tapes, photographs, films, sound
recordings, data processing software, or
other material, regardless of physical
form or means of transmission made or
received pursuant to law in connection
with transaction of official business by the
agency.(Chapter 119,Florida Statutes)
Public Records Law applies to:
• J Records developed by the Board,
Board-Appointed Committees, and
employees
. 0 All Types of records including written
communications, letters, notes and e-
mails
Numerous exemptions are identified in §119.07,
Florida Statutes,mud other statutes
11
ADVISORY BOARD GUIDELINES FOR
PUBLIC RECORDS AND EMIAILS
• While you are serving on an advisory board,correspondence and entails to or
from anyone,on any computer(private or government owned),relating to
County business is a public record. •
• Public records must be maintained pursuant to State guidelines. You may
save them on the computer,a disk,or as a hard copy. II leasing your position
on an advisory board,please provide a copy of all public records in your
possession to the County Staff Liaison.
• One-way communications by email should be directed to the County Staff
Liaison.Pursuant to the Sunshine Law.no two-way communications between
members(except during publicly noticed meetings)is permitted.
• If you choose to communicate with members of the public concerning County
business via email,please be aware that your name and email address,as well
as the name and email Address of the public person.becomes n public record.
What Public Records are
Exempt From Disclosure?
Common exemptions are:
Records prepared for litigation
proceedings or in anticipation of
legal proceedings
'STOP Social Security numbers of
employees and former employees
Sealed bids or proposals
Home addresses of current and
former law enforcement officers
including Code Enforcement Officers
Public Records Requests
Can be made verbally or in writing_by any person
The Board.Committee,or Staff:
I las a"reasonable"lime to respond
Can charge for the cost of retrieving records if the amount requested is
voluminous
Can charge 15 cents per page
The Public Records Law does not require:
The retention of records(tins is covered b_v the State's records retention
policy)
The creation of records or the provision of records in the format
requested
An explanation of the records
Collier Counts Resolution No 2007-327
12
PENALTIES
Ott'
a► t.. t rr
t i
A violation of the Public
Records Act carries both civil
and criminal penalties!
FAQs
I How does someone make a public records
request?
A public records request may be as fonnal
as a written request or as informal as a
telephone call with everything in between.
2 Is the person making a public records request
required to fill out an application or some
other form?
No. The important thing is to find out what records are being
asked for,and to get a copy of those records to the requestor
within a reasonable time.
3 Who does this?
If the request is simple and can easily be handled by your
department-such as a copy of a permit that the requestor had
tiled,then it should be handled then and there. Any substantial
requests should be forwarded to the Customer Relations
Division Your supervisor should assist you in this
13
Social Media and Florida's
Sunshine and Public Records Laws
477,
Tools for Social
Networking:
Facebook
Twitter
Instant Messaging
You Tube
Instagram
Social Media
Challenges
Increased risk of running afoul of Florida's
Government in the Sunshine and Public Records
Laws.
14
Florida's Public Records Laws
Broad Definition
is Florida Supreme Court(1980)
•"All materials made or received by a city in
connection with official business which are
used to perpetuate, communicate or formalize
knowledge."
Social Media Activity is a
Public Record...
Regardless of the platform, if the
post/tweet/image or other material otherwise
meets the standards for a public record,
• It is a public record,
• It must be retained,and
• It must be producible for inspection or copying
if requested.
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Social Media and Sunshine
Advisory board members must not engage on social
media in an exchange or discussion of any matter that
might foreseeably come before the board for action...
Period.
(To engaee in such an c chanec i,to Globale the Sonshtne Late)
The courts frown upon any communication activity
between board members that appears to be an attempt to
evade Sunshine Requirements.
The Comment Trap
Advisory board members must be wary of
commenting on any social media platform about
matters that foreseeably may come before the
board for action.
(The danger arises from the potential for two or more board
members to exchange comments_intentionally or inadvertently.
FAQs
• Should I ever use my personal Social Media for County
Business?
• OAK)Never. There is a reason that the County gives you an
email account. Use your County email,or use the telephone.
And never use your personal computer for County business
unless you have logged onto the County network. The last
thing you want is someone to subpoena your heard drive to
search for public records. Because G-d only knows what's on
t here..
16