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HAAB Backup 01/25/2001 Hispanic Affairs Advisory Board BACKUP DOCUMENTS January 25,2001 NOTICE OF MEETING & AGENDA COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD THURSDAY, JANUARY 25, 2001 7:00 P.M. Golden Gate Community Center Meeting Rooms A & B 4701 Golden Gate Parkway Naples, Florida * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTICES .. Public comments will be limited to 5 minutes unless permission for additional time is granted by the Chairman. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * AGENDA I. 7:00 P.M: Meeting called to order and determination of quorum. II. Approval of minutes. III. Welcome new members and designation of terms of office of new members. IV. Election of a new Chairman, Vice Chairman, and Secretary. V. Establish future meeting schedule. VI. Discussions regarding: (A) Attendance Requirements. (B) Sunshine Law. (C) Public Records Disclosure. clklc>,4..~ (\(" ~. (D) Future topics of interest. VII. Presentations by Board members. Request by David Correa to consider changing the Board's Ordinance to reflect a quorum of the current number of board members instead a quorum of the full membership of the Board. VIII. New business and public comments. ** IX. Meeting adjourns. ,.."- #-C1. 1/#, .l::>[iZ- ;?~ O./T. msp ANIC AFFAIRS ADVISORY BOARD MINUTES OF MEETING of November 18, 1999 at the Golden Gate Community Center Golden Gate City, Florida PRESENT: ABSENT: /David Correa, HAAB Member Maria Grimaldo, HAAB Member Frank Loney, HAAB Member Pete Cade, HAAB Member Faye Reddick, HAAB Member Andrew J. Fox, HAAB Member '/Christopher Bent, HAAB Member Dora Vidaurri, HAAB Member Rarniro Manalich, Chief Assistant County Attorney and HAAB Staff Liaison Member Forrest Cotten, HAAB Liaison from County Administrator's Office Also Present: Heriberto Hartnack, Citizen Emelina Hartnack, Habitat for Humanity Beth Thompson, Collier County School Board Santo H. Pino, Manatee Middle School Principal Michael Lasiewicki, Manatee Middle School Counselor Rosario Medina, Manatee Elementary School Counselor The meeting of the Hispanic Affairs Advisory Board of Collier County (HAAB) for November 18, 1999 commenced at approximately 7:05 P.M. A quorum of seven (7) members was present. David Correa, Chairman, stated that Ina Kelly could not be here this evening. She had to attend a school board meeting. Chris Bent moved to approve the October 27, 1999 meeting minutes. The motion was seconded by Frank Loney. The minutes were approved unanimously by the Board. David Correa stated that while loa Kelly could not be here, she has submitted a proposal for a culturaI diversity grant. The grant would be used to instruct health students about multi-cultural communication. He stated that she wants the Board to be a business partner. As a business partner, one Board member would attend Walker Institute to speak about cultural diversity. He asked if there was a motion for the Board to be a business partner. He explained that the funding received by the Institute would be used to obtain CD-ROMs and other materials to teach the course. Dora Vidaurri inquired as to how many times the chosen Board member would need to be available to speak to the students. Would it be one time only, or perhaps once a month? David Correa clarified that it would be for one time only. Rarniro Manalich stated that it would be advisable for the Board to clarify the term "business partner" so as not to be misinterpreted as the Board "going into business" with the Walker Institute. Chris Bent said that Rarniro's point was a good one. He added that "business partner" is somewhat misleading in this context, and perhaps even unnecessary. Chris Bent moved to accept the Walker Institute's proposal with the clarification that the Board is only agreeing to speak to their class, and is not "going into business" with the Institute. The motion was seconded by Dora Vidaurri, and approved unanimously by the Board. David Correa stated that he would personally contact Ina Kelly to inform her that HAAB will send a representative to speak to their class. He added that Beth Thompson, Collier County School Board, was in attendance and asked her what can HAAB do to bring up the test scores of Hispanic students in Immokalee and East Naples. Beth Thompson stated that getting parents involved in the education process was the first step in accomplishing this task. She stated that parents must read to their children. She added that in East Naples, Manatee Elementary has a resource teacher that works with students and targets first and second graders. She stated that this lowers the class size and provides a class with two instructors, which lowers the student/teacher ratio to 10 or II to 1. Manatee Elementary has a morning language-tutoring program. She stated that Manatee Elementary has applied for a HOST mentoring grant from the State of Florida. She mentioned that Manatee Elementary has received $15,000 from a local foundation to purchase non-fiction books for kids. Finally, she added that Avalon Elementary is working on getting parent reading nights implemented at community parks. Frank Loney commented that the diversity in Collier County is not made up of permanent residents. Rather, these are transient residents, and he inquired as to whether we have the necessary capabilities to help these kids and their parents. Santo Pino, Manatee Middle School Principal, stated that these residents are not as transient as they used to be. They are staying longer, and the parents are transitioning from the farming industry to the hotel industry for their employment. He added that since the charter school kids left his school that test scores are up 240 percent. He said that many people do not realize that Manatee Middle is a "C," almost "B" school. However, Manatee Elementary is rated "F," primarily because the kids there simply don't speak English. He stated that by the eighth grade, he usually has the kids in his school "OK." He mentioned that the elementary school kids come to his school primarily from Manatee Elementary. Mr. Pino commented that Manatee Middle School's free and reduced lunch program has expanded rapidly, and that his school is receiving Title I funds from the Federal Government. He stated that there was no comparison between Manatee Middle, and his former school, Pine Ridge Middle School. He noted that in schools with high migrant populations, you need more funding. Dora Vidaurri asked if what was needed was more parental involvement. Beth Thompson responded that Collier County schools have "Parent Nights." Dora Vidaurri inquired if each school was implementing the literacy programs in place individually. Beth Thompson responded that it started at Manatee Elementary and has expanded from there. Frank Loney inquired as to what about the language barrier. Dora Vidaurri asked if there were any incentives for teachers to involve themselves with these extra programs. Santo Pino stated that there were not. He added that every elementary, middle, and high school gets the same fund allocation. He asserted that we need to acknowledge the differences between schools, and we need a new funding formula. Faye Reddick commented that it has been said that educators pay "lip service" to parental involvement. She stated that it has been said that the academic community has an attitude of tolerance to parents. Because there is such "disaffection" between educators and parents, helps to explainthe evolution of the charter schools phenomenon. She noted that the system would fail if educators make excuses instead of addressing parental issues. It's a daunting task, she stated. She said that we must educate parents as well as children, otherwise we will fail. She asked the educators in attendance if they envisioned a role for community services to assist in this effort. Santo Pino responded that there is funding, but it needs to be reexamined and redistributed. He noted that Manatee Middle School has obtained three grants to enhance their programs. He added that Manatee Elementary does get parent volunteers, but Manatee Middle has only had two parent volunteers in the past five years. Faye Reddick asked what the schools are doing to address this. Michael Lasiewicki, Manatee Middle School Counselor, stated that he visits homes to work with parents and kids. He commented that often times, parents say... "I'm making my money, I'm building my home in Mexico, then I'm gone." As a result, parents don't push their kids to do better than themselves. Parents aren't making their kids do their homework. Frank Loney commented that he is from Costa Rica and his kid is 6 years old and loves to read. He said that we're dealing with culture shock - our schools have Hispanic and Haitian children in them. He noted that from the perspective of a Costa Rican, that we push our kids. Michael Lasiewicki acknowledged that there are cultural differences. He noted that kids need structure. There are kids that are failing miserably, and he tries to find out what is wrong. Chris Bent commented that the Board is hearing passion and caring from the school representatives that are in attendance. He said that he keeps hearing that it is the parents that are at fault, and that we need to hear the success stories in order to emphasize what is going right. Other families need to learn about it, so they can learn how to do it. Rosario Medina stated that she felt we shouldn't generalize the issue. Rather, we should ask how we could make it better. She noted that there is a lack of education amongst parents, and we should ask how we could help them. She said that she has some ideas, but that fIrst and foremost, parents must become more involved in their children's education. She noted that many parents work two or more jobs and they say, "What can we do?" "I need to provide food and shelter for my children." Dora Vidaurri inquired as to whether counselors in all schools make home visits. Santo Pino responded that this practice was more common in elementary schools, less common in middle schools. Dora Vidaurri asked about Immokalee specifically. Beth Thompson stated that every school has a home school liaison that may be shared amongst a couple of schools, but that every school has their own counselor. David Correa stated that many Hispanic parents work two or three jobs, but that they still love their kids. Santo Pino mentioned that he grew up in Little Italy in Pittsburgh. He stated that his grandmother took care of him. He added that "grandma" is the glue in the black community. However, he acknowledged that those are things of the past. "We don't have that anymore," he said. He discussed the problem with high school dropouts and the need for vocational training and public transportation. Forrest Cotten stated that there would be a transit operations kick-off meeting tomorrow at the Collier County Government complex. Santo Pino commented that we need to look at the growing number of children in our co=unity. He specifically mentioned the Golden Gate area in just the last four years. Dora Vidaurri asked if this phenomenon has been made known to the School Board. Beth Thompson responded that the School Board looks at staff numbers and ratios every year. She stated that there is additional funding going toward two "F" schools in the County. Dora Vidaurri stated that she has learned that Title I moneys are being used to train teachers how to handle kids, and she questioned the appropriateness of this. Beth Thompson responded that teachers need constant staff development and training just like any other profession. Chris Bent noted that he would like to see what "model parents" are doing. Michael Lasiewicki conveyed the story of a Mexican family and that the parents made a point to attend "Parent Night." He stated that this sent a clear message to their child that they are watching. Chris Bent commented that we need to make these success stories more visible. Faye Reddick noted that it needs to be in their language. Rosario Medina mentioned that we need more Hispanic professionals in Collier County Schools. Chris Bent commented that we need to find a way to recognize students and parents. Michael Lasiewicki stated that he goes out to homes, but still can't get the parents into the school to participate. David Correa noted that it is hard to get Hispanic parents out for a number of reasons. Santo Pino stated that we need to grow our own. He wants kids to get their degree, and give back to the community. He commented that we are losing our kids, they're leaving us. Frank Loney noted that we don't give them an incentive to stay. He said we don't recruit from the inside, and he doesn't know why. We went outside for an administrator for Collier County. Dora Vidaurri said that she has noticed that we need an after work program for translating homework, etc. Santo Pino responded that there is a "homework hotline" in place. When someone calls in, they leave a message, and someone calls them back and helps them with their homework. Rosario Medina mentioned that they are doing a "homework club" at Manatee Elementary. She stated that the Learning Connection has helped them with the program. She offered that they need more resources in order to expand the program, and that meeting transportation needs is key to having a successful afterschool program. Santo Pino mentioned that at Manatee Middle School, they are going into the neighborhoods to teach after school so that the kids can walk home afterwards. TIlls helps solve the transportation problem. Dora Vidaurri inquired about opening a room in the respective neighborhoods with resources. Beth Thompson stated that the "Anchor Project" provides a means of tracking those children that are on the travel circuit. TIlls is important because when they return, we know how they have been doing while they were gone. Rosario Medina added that the children have a computer at home so they communicate while they are away. Santo Pino mentioned the "Harmony Project" as a successful program where the curriculum is actually being written to include the migrant and immigrant experience. TIlls came as a result of the "Anchor Project." He stated that they hope to obtain a $200,000 grant to move this project along. The kids will have a "portfolio" they can carry with them as they move around. Beth Thompson commented that the School Board is looking at bilingual education and teaching all children from kindergarten to eighth grade the Spanish language. She said they are looking at a variety of teaching models. Frank Loney stated that he understood that program. He said most Latinos learn at least two languages in their schools. Barbara Brown, Collier County Outreach Coordinator for the Department of Children and Families, stated that matching funds were needed from the County for the "Healthy Kids" program. She stated that Collier County was one of only three counties in the state that doesn't support the program. She said she would like to see the County Commission support the program, and make a decision to fund it by January 2000. David Correa inquired if she was asking the HAAB to ask the County Commission for matching funds. Barbara Brown added that the hospital supplies some money, but that more is needed. A motion was made by David Correa, and seconded by Chris Bent, for a letter to be sent to Pamela S. Mac'Kie, Chairwoman, Board of County Commissioners (BCC), by the HAAB asking the BCC to endorse matching funds from the County for the "HealthyKids" program. Copies of the letter are to be sent Senator Saunders, Representative Goodlette, and Representative Rojas. A unanimous vote in favor of the motion occurred. At this time, Santo Pino and Beth Thompson were excused from the meeting. Emelina Hartnack, Habitat for Humanity (HFH), brought up the issue of housing and stated that HFH is building 80 homes in Naples and another 187 homes in ImrnokaIee. She added that 80% of the homeowners are of Hispanic origin. David Correa reminded Ms. Hartnack that the focus of tonight's meeting was educational issues. However, he added that the HAAB would have her back for the January or February meeting when the focus would be on housing issues. Chris Bent stated that those were astonishing numbers, in terms of what HFH is doing for the Hispanic community. Frank Loney mentioned that HFH is a nationwide organization that has had a presence in Naples for the past six years. Dora Vidaurri asked if HFH is informing the community of their presence. Emelina Hartnack responded that the community has been made well aware of HFH's presence, and that HFH has too many applications and a waiting list. David Correa reminded the Board that there will be a future meeting to discuss housing issues. Chris Bent added that the HAAB appreciates HFH's efforts to improve housing in this area for the Hispanic community. Forrest Cotten provided a brief report on the library hours at the Immokalee and East Naples branches. Rarniro Manalich passed around copies of a positive article about the HAAB that appeared in a recent edition of the Naples Daily News. He mentioned that the Board ought to take advantage of the momentum that they have at present. He commented that the Board needs to provide a report of its activities to the BCC at some point in the near future. He also stated that the HAAB needs to address some outstanding attendance issues at its next meeting. David Correa informed the Board that he has been communicating with a disc jockey from WXLO Radio. The radio station has said they will announce future meetings of the HAAB in Spanish. It was agreed that there would be no December meeting and that the January meeting would be held at the Golden Gate Community Center. Faye Reddick read from a memo that she distributed to the Board. She said she has coordinated a munber of speakers for the January and February meetings of the HAAB. The February speaker (Dr. Lascheid) is only available to speak on either February 15 or 16. The Board agreed that there would be no December meeting. The January meeting will be held on Monday, January 17,2000. Health issues will be discussed. The February meeting will be held on Wednesday, February 16, 2000. Both meetings will be held at the Golden Gate Community Center. The March meeting will be held in lmmokalee on the third Wednesday in March. The meeting was then adjourned. Prepared by: Forrest E. Cotten, Liaison Approved by the Hispanic Affairs Advisory Board on the _ day of January 2000. David Correa, Chairman Hispanic Affairs Advisory Board mSPANIC AFFAIRS ADVISORY BOARD MINUTES OF MEETING of January 27, 2000 at the Immokalee Community Park Immokalee, Florida PRESENT: ABSENT: David Correa, HAAB Member Leo Cardona, HAAB Member Frank Loney, HAAB Member Pete Cade, HAAB Member Faye Reddick, HAAB Member Andrew J. Fox, HAAB Member Christopher Bent, HAAB Member Rarniro Maiialich, Chief Assistant County Attorney and HAAB Staff Liaison Member Forrest Cotten, HAAB Liaison from County Administrator's Office Also Present: Barbara Berry, Collier County Commissioner Chuck Mohlke, Consultant Amy Taylor, Planning Services Mickey Rosado, U.S. Census Regional Coordinator Representatives from Immokalee Farmworkers' Coalition Bill Stiess, Chief of Operations, Collier County Sheriff's Office Mike Hedberg, Legal Counsel, Collier County Sheriff's Office The meeting of the Hispanic Affairs Advisory Board of Collier County (HAAB) for January 27,2000 commenced at approximately 7:05 P.M. A quorum of six (6) members was present. David Correa, Chairman, stated that the Board would delay appointing a secretary until the next meeting. The appointment is necessary as the result of Dora Vidaurri's resignation from the Board. David Correa proceeded to welcome everyone in attendance. He mentioned that there were many farmworkers who could not attend tonight's meeting due to a meeting conflict. He added that Chuck Mohlke was present to speak about the Census 2000 effort. Chuck Mohlke introduced Mickey Rosado as the U.S. Census Bureau's Regional Coordinator for the Fort Myers region, which includes Collier County and lmmokalee. Mickey Rosado began by announcing that they are "kicking off' the census committee tonight. He asked the audience if they knew what the census was all about. He stated that the census enables us to know how many people are living here. He added that residents will receive information in the mail, and will be asked to fill out a form and return it in the mail. He said that this is very important because if you don't get counted, then Collier County can't get money to support the programs that we need. He stated that statistics are vital for all of us. He proceeded to then translate his presentation into the Spanish language. David. Correa emphasized the fact that no one should fear the census or fear being counted. Mickey Rosado continued by telling the audience to go home and tell their neighbors about the census and fill out the form. He stated that we want to make sure that everyone goes out in their communities and promotes this effort. David Correa asked if someone lives in Mexico two months of the year, and works in the U.S. for the other ten months, should they still be counted as part of the census. Mickey responded that yes they should. Chris Bent stated that we need to get every Hispanic on the census count. He added that numbers translate into power for the Hispanic community. He added that the decision- makers/elected officials in the community will come to you if they perceive you as being large. A member of the farmworkers' coalition mentioned that each person here tonight represents one to ten people within their household. She clarified that, in most cases, the number was closer to ten, rather than one. She said that residents are interested in promoting the Immokalee community and they can call their local census office if they have any questions. David Correa mentioned that the Hispanic Hotline is available for anyone to leave a message about any question they might have and someone will call them back with an answer. 2 Juanita Alvarez-Mainster stated that the County should be recognized for their support. She said that the farmworker community should take the resources they are offered (referring to the water bottles that were handed out as part of the census promotional campaign) and put them to use. She also encouraged members of the audience to apply for positions in the local Fort Myers census office. David Correa told everyone to call the hotline if they needed to, and someone would call them back. Juanita Alvarez-Mainster stated that they are able to employ individuals through the census office if they have valid work permits. She said that questionnaires will be mailed out in March, and the census office would like to see them returned in April. She added that if they don't receive all the forms back in the mail, then they have to send out enumerators to go out in the community and knock on doors. They don't want to send out enumerators because it is an expensive process. She mentioned that some counting will be done over the internet and that forms will be placed in strategic locations where they can be picked up and completed. She concluded by stating that they are using all of their available resources from Homestead to Quincy (statewide) to ensure a successful count. Frank Loney asked if we are in Collier County, then why is our census office in Lee County. Juanita responded that Fort Myers was simply where it was decided the regional office would be located. David Correa announced that it was time to have discussion regarding the farmworkers' concerns and the labor/wage conditions issue. He stated that Greg Asbed has come to HAAB on previous occasions to seek the Board's support for farmworker issues. He said that, at that time, the Board did not meet their needs. He said that the HAAB is more active now, and as part of their mission statement, the HAAB is directed by the Board of County Commissioners to serve as a liaison to the Hispanic community. He acknowledged that there are many concerns throughout the community (crime, drugs, etc.), but that tonight the HAAB is here to give support to farmworkers in an attempt to increase their wages. He said that in a wealthy county, why shouldn't we increase their wages by 15 - 20 cents per bucket. Secondly, the Board would like to discuss the arrest and detainment of certain individuals during a recent demonstration by farmworkers. Under normal circumstances, they are allowed to assemble and demonstrate without interference; however, in this instance, the Sheriff's Office was not aware of the arrangements for this particular demonstration, and a college professor was taken down and arrested. He stated that an ugly situation could have occurred and the HAAB believes the Collier County Sheriffs Office (CCSO) should explain their procedures in this regard. The HAAB believes in the right to demonstrate peaceably, and that we should be able to petition our government as we see fit. David said that he respects the law, but thinks that the Sheriff's Office should explain their procedures. 3 Bill Stiess, Chief of Operations for the Sheriff's Department, began by stating that the Department's primary concern is ensuring that everyone's rights are protected. He said they are working on a policy to specifically address occasions like the recent demonstration in Immokalee. He said that in the past, there had always been a good relationship between the CCSO and the farmworkers, but that the recent demonstration came about without any notice. He stated that if the Department had the opportunity to plan, the situation could have potentially been avoided. He added that the Sheriff's Office is in the final stages of a formal response concerning Office policy as it relates to demonstrations, etc. He reasserted that the Sheriff wants the community to have opportunities to express themselves. The Sheriff's overriding concern is that it be done in a peaceful manner. He stated that some people in the room might recall the Sixties. David Correa clarified that there would be a formal statement stating the Sheriff's policy as it relates to demonstrations. Mike Hedberg, Sheriff's Department Legal Counsel, stated that the main concern is drafting the policy is ensuring rights are protected. He stated that if the Sheriff's Office had prior notice, the previous incident might have been avoided. He raised an issue concerning trespassing and said that it must also be considered as well. Frank Loney said that what they are saying is that written permission is needed in order to protest. Mike Hedberg stated that was incorrect, just advance notice was needed. David Correa acknowledged that he understood that the Sheriff s Office was there to protect everyone. Bill Stiess said that it helps to give the officers a "heads up," but that you don't need permission in order to protest. David Correa said that the farmworkers need to march, and that they should not be harassed if they choose to do so. Bill Stiess added that after the first day of initial confusion, everything went very smoothly. David Correa inquired if the Sheriffs Office had an advisory board. Bill Stiess responded that there was a Sheriff's Commission. David Correa mentioned that they might want to consider having minority representation on that Commission. Frank Loney asked if the Sheriff's Office could explain why the demonstrators were arrested. 4 Bill Stiess answered that he could not comment on that case specifically, because there were still court cases pending. Ramiro Maiialich asked the audience if they had any questions of the Sheriff Department representatives in regards to policies. Mike Hedberg clarified that the policy would emphasize notification through the "chain of command" and the need for better communication. He added that one provision that was drafted was that field supervisors were to be notified prior to an arrest. David Correa commented that the policy should be clarified. Mike Hedberg responded that the CCSO is trying to do just that, but there are too many possibilities - the officer must be granted some discretion. He stated that demonstrators can contact Lieutenant Martindale in Immokalee anytime if they would like to coordinate a future demonstration. A representative from the farmworkers group asked why pepper spray is used if people aren't going to be arrested. He indicated that workers should not be treated so poorly when they are only trying to fight for their rights. He said that one of the deputies was threatening the crowd and saying that they were assembling unlawfully. He added that he was trying to tell people to leave and the deputy was holding up the pepper spray saying he was going to use it and that the workers had no right to be demonstrating. The faITDworker concluded by asking why would the deputies be afraid of them when the deputies are much bigger than them. Bill Stiess acknowledged that sometimes the deputies forget that they have an intimidating presence. David Correa stated that the farmworkers just want to work for decent wages. Bill Stiess commented that they had been hearing about the demonstrations through the rumor mill, and sometimes rumors have a cumulative affect on the psyche. Faye Reddick inquired of Mr. Stiess as to how the CCSO is helping officers understand cultural diversity. She asked him how the CCSO teaches officers notto fear the numbers of people that often come along with demonstrations. Bill Stiess relayed a story about responding with a new officer to a bar fight in which 40 subjects were involved. He said the officer was real eager and they were speeding to the scene, when he turned to the officer and asked him what he planned to do once he got there. 5 Faye Reddick stated that the CCSO is training these officers, and that this type of problem is not going away, and quite frankly, she feels there are some overzealous officers out there. Bill Stiess responded that most importantly, the CCSO is interested (by virtue of their attendance tonight) in dealing with this issue and wants to avoid future problems. Frank Loney asked if there was a cover-up or something. He asked if he decided to express himself, what is the CCSO policy that would apply to him. Bill Stiess responded that as long as the demonstration is done peacefully and lawfully, there would be no problem. One of the farmworker representatives stated that the incident became heated because of the arrest that was made. He said everything would have been peaceful had the arrest not occurred. Bill Stiess stated that we could replay the last incident if that's what everyone wanted to do, or we can move forward. He added that the CCSO is very open, and that the deputies in Immokalee, in particular, are interested in helping the community. He said the CCSO is doing some good things in Immokalee to curtail street crime. Frank Loney asked if he were in a demonstration and was arrested, whom would the CCSO believe, the citizen or the deputy? He said he would like to know the answer to that question because it would be his word against the word of the deputy's. Lucas Benitez, representing the farmworkers stated that this incident was "water under the bridge." The farmworkers would like to continue to forge a good relationship with the CCSO. At this point in the meeting, Bill Stiess and Mike Hedberg left the building. Lucas Benitez commented that conditions haven't changed much since the last time the farmworkers spoke to the HAAB. He said the workers haven't heard anything from the growers - they will not talk with the workers. He stated that they always send a letter to the growers first asking them to sit down and talk before action is taken (meaning demonstration). Lucas added that the Bishop of the Diocese and Religious Leaders concerned also sent letters to the growers on the workers' behalf. He said that when the growers did not respond, the protest was then organized. He said the industry is enjoying record earnings and he then distributed some reading materials including what he called a very good editorial from the St. Pete Times encouraging Governor Bush to initiate dialogue between the growers and the workers. He said that the entire state is impacted by this issue, not just lmmokalee. He commented that the change that is being sought is good for everybody. The workers asked for help from Taco Bell as one of the growers' biggest clients. He mentioned that 6-L Farms has forged a new relationship with Taco Bell. 6 Lucas continued by saying if the growers have a friendly relationship with the buyers, then why can't they have a friendly relationship with the workers. He asserted that we are now in the Year 2000 and we need to progress beyond the point that we are now at. He stated that we need to find better ways so that lrnmokalee can survive and thrive. The merchants complain because there are no sales because the workers have no money. He used this example to illustrate how everything ties together economically. He extended his appreciation to the HAAB for listening to the workers' concerns. Lucas referred to a letter the Coalition sent to Governor Bush. He reminded everyone that the Coalition is not taking a political stance, rather they just want to facilitate dialogue. He added that the growers benefit from tax dollars for money for research and development, and that the industry as a whole gets considerable state support, and therefore, the workers ought to be helped as well. Lucas appealed to the HAAB asking for their support by sending a letter to Governor . Bush and Taco Bell showing support for the workers and the need for dialogue to occur between the growers and the workers. He said improvements are needed. David Correa summarized by saying that the Board discussed a couple of items this evening. He said the police situation was discussed and a formal policy addressing demonstration situations was necessary to avoid future problems in this area. He said that the HAAB needs to send a letter to the Board of County Commissioners (BCC) asking them to support a dialogue between the growers and the workers. He said it would be better for the BCC to write a letter to the Governor, than for the HAAB to do it. Chris Bent stated that the HAAB can say they enthusiastically support the workers. Frank Loney said that he only has respect for one of the county commissioners and that commissioner is here tonight. He said he would like to take this issue a step further by saying that this situation is shameful and disgraceful for our community. He said we need to say nicely to the BCC that we need to support our workers. Chris Bent added that the HAAB needs to say that we support open dialogue. Faye Reddick stressed that this effort needs to begin with just one person. She said people need to be made aware of what is going on. She added that if nothing is done, then a similar fate awaits others. (She then proceeded to read from a prepared statement which is included as part of the record.) Chris Bent made a motion that the HAAB recognize Lucas Benitez and the Coalition of Immokalee Workers as being representative of the farmworker community and we (HAAB) are in support of their efforts and will ask the BCC to support initiatives for dialogue. David Correa added that the HAAB request that a letter be sent by the BCC to Governor Bush encouraging dialogue between the growers and the workers. 7 Ramiro Maiialich clarified the motion to include both Chris Bent's and David Correa's comments into a single motion. He then reminded the HAAB that this issue had been before the BCC previously and the BCC, at that time, felt that this matter was a private labor dispute. The amended motion was seconded and passed unanimously by the HAAB. The meeting was adjourned at approximately 9:05 p.m. Prepared by: Forrest Cotton, Assistant to the County Administrator Approved on this _ day of February, 2000 David Correa, Chairman 8 GOVERNMENT IN THE SUNSHINE LAW I) What is the scope of the Sunshine Law? A) Florida's Government in the Sunshine Law, commonly referred to as the Sunshine Law, provides a right of access to governmental proceedings at both the state and local levels. The law is equally applicable to elected and appointed boards and has been applied to any gathering of two or more members of the same board to discuss some matter which will foreseeably come before that board for action. There are three basic requirements of s. 286.011, F.S.: 1) Meetings of public boards or commissions must be open to the public; 2) Reasonable notice of such meetings must be given; and 3) Minutes of the meetings must be taken B) A right of access to meetings of collegial public bodies is also recognized in the Florida Constitution. Article I. S. 24, Fla. Const. II) What agencies are covered by the Sunshine Law? A) Are advisory boards which make recommendations or committees established only for fact-finding subject to the Sunshine Law? 1) Publicly created advisory boards which make recommendations - advisory boards whose powers are limited to making recommendations to a public agency and which posses no authority to bind that agency in any way are subject to the Sunshine Law. 2) Fact-finding committees - a limited exception to the applicability of the Sunshine Law to advisory committees has been recognized for committees established for fact-finding only. When a committee has been established strictly for, and conducts only, fact-finding activities, i.e., strictly information gathering and reporting, the activities of that committee are not subject to s. 286.011, F.S. B) Does the Sunshine Law apply to staff? 1) Meetings of staff of boards or commissions covered by the Sunshine Law are not ordinarily subject to s. 286.01 I, F.S. C) Does the Sunshine Law apply to members of public boards who also serve as administrative officers or employees? 1) There may be occasions in which members of public boards also serve as administrative officers or employees. The Sunshine Law is not applicable to discussions of those individuals when serving as administrative officers or employees, provided such discussions do not relate to matters which will come before the public board on which they serve. Thus, a board member who also serves as an employee of an agency may meet with another board member on issues relating to his or her duties as an employee provided such discussions do not relate to matters what will come before the board for consideration or action. III) What is a meeting subject to the Sunshine Law? A) Number of board members required to be present - The Sunshine Law extends to the discussions and deliberations as well as the formal action taken by a public board or commission. There is no requirement that a quorum be present for a meeting of members of a public board or commission to be subject to s. 286.011, F.S. Instead the law is applicable to any gathering, whether formal or casual, of two or more members of the same board or commission to discuss some matter on which foreseeable action will be taken by the public board or commission. B) Written correspondence between board members - The use of a written report by one commissioner to inform other commissioners of a subject which will be discussed at a public meeting is not a violation of the Sunshine Law if prior to the meeting, there is not interaction related to the report among the commissioners. In such cases, the report, which is subject to disclosure under the Public Reports Act, is not being used as a substitute for action at a public meeting as there is no response from or interaction among the commissioners prior to the meeting. AGO 89-23. If, however, the report is circulated among board members for comments with such comments being provided to other members, there is interaction among the board members which is subject to s. 286.011, F.S. C) Telephone conversations and meetings - The Sunshine Law applies to the deliberations and discussions between two or more members of a board or commission on some matter which foreseeably will come before that board or commission for action. The use of a telephone to conduct such discussions does not remove the conversation from the requirement of s. 286.0 II, F.S. A county commission may permit an ill county commissioner to participate and vote in commission meetings through the use of an interactive video and telephone. D) Use of computers - The use of computers to conduct public business is becoming increasingly commonplace. While there is not provision generally prohibiting the use of computers to carry out public business, their use by members of a public board or commission to communicate among themselves on issues pending before the board, is subject to the Sunshine Law. E) Delegation of authority to single individual- "The Sunshine Law does not provide for any 'government by delegation' exception; a public body cannot escape the application of the Sunshine Law by undertaking to delegate the conduct of public business through an alter ego." F) Use of nonmembers a liaison between board members - The Sunshine Law is applicable to meetings between a board member and an individual who is not a member of the board when that indi vidual is being used as a liaison between, or to conduct a de facto meeting of, board members. Thus, a city manager should refrain from asking each commissioner to state his or her position on a specific matter which will foreseeably be considered by the commission at a public meeting in order to provide the information to the members of the commission. Not all decisions taken by staff, however, need to be made or approved by a board. Thus, the district court concludcd in Florida Parole and Probation Commission v. Thomas. 364 So. 2d 480 (Fla. 151 DCA 1978), that the decision to appeal made by legal counsel to a public board after discussions between the legal staff and individual members of the board was not subject to the Sunshine Law. IV) What types of discussions are covered by the Sunshine Law? A) Informal discussions, workshops - The Sunshine Law is, therefore, applicable to all functions of covered boards and commissions, whether formal or informal, which relate to the affairs and duties of the board or commission. "[T]he Sunshine Law does not provide that cases be treated differently based upon their level of public importance." MEMORANDUM DATE: December 22, 1995 FROM: All Members of All Boards Established by the Board of County Commissioners (including Advisory Boards, Quasi-Judicial Boards and Ad Hoc Committees) David C. Weigel, County Attorney tL. ~ <.. ~./ Government-In-The-Sunshine Law (Section 286.011, Florida Statutes) TO: RE: 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 reguirements 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 1 "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, anv discussion or cornmunicition. in person. bv 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 commission.ers ... h.... n' -.-...... .... _..- December 22, ~995 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 on~y 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? 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. Answer: 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 ~ll 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 knowinalv 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 Co~~issioners 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. I dcw/rw/13737 cc: Board of county Commissioners staff Liaisons to Advisory and Quasi-Judicial Boards and Committees ~ 2-913 COLLIER COUNTY CODE the committee to carry out its functions as set forth herein. The clerk to the board shall take the minutes of all meetings or shall provide for the taking of such minutes. (b) The clerk of courts may provide the commit- tee with technical support concerning financial auditing procedures and other technical assis- tance relating to financial audit and finance dur- ing the course of the committee's reviews. (Ord. No. 91-10, ~ 8) Sec. 2-914. Review process. This county government productivity commit- tee shall be reviewed once every four years com- mencing in 1995, in accordance with the proce- dures contained ill division 2 of this article. (Ord. No. 91-10, ~ 9) Sees. 2-915-2-925. Reserved. DMSION 7. HISP-"'-."ITC AFFAIRS ADVISORY BOARD' Sec. 2-926. Created. The Hispanic affairs advisory board (hereinaf- ter referred to as the "board") is hereby created. (Ord. No. 91-37, ~ 1) Sec. 2-927. Appointment and composition. (a) The Hispanic affairs advisory board shall be composed of nine members appointed by reso- lution of the board of county commissioners. (b) Members of the board shall be appointed by and serve at the pleasure of the board of county commissioners. Said members shall be perma- nent residents and electors of the county. (c) Appointment of members to the board shall be by resolution of the board of county commis- sioners, which resolution shall set forth the date of appointment and the term of office. Card. No. 91-37, ~ 2; Ord. No. 91-78, ~ 1) .Cross reference-Human rights, ch. 70. Supp. No. -1 CD2:38 --_...-.--...._-~-- Sec. 2-928. Terms of office. (a) The initial terms of office of the Hispanic affairs advisory board members shall be as fol- lows: (1) Three members shall serve for two years. (2) Three members shall serve for three years. (3) Three members shall serve for four years. (b) Thereafter, each appointment or reappoint- ment shall be for a term of four years. A member of the board may be reappointed by the board of county commissioners for one successive term. However, other qualified applicants may be Con- sidered for any vacancy. Appointments to fill any vacancies on the board shall be for the remainder of the unexpired term of office. (Ord. No. 91-37, ~ 3; Ord. No. 91-78, ~ 2) Sec. 2-929. Removal from office; failure t" attend meetings. (a) Any member of the Hispanic affairs advi- sory board may be removed from office, with or without cause, by a majority vote of the board of county commissioners. (b) If any member of the board fails to attend two consecutive board meetings without a satis- factory excuse or if a member is absent from more than one-half of the board's meetings in a given fiscal year, the board shall declare the member's seat to be vacant and the vacancy shall be filled by the board of county commissioners. COrd. No. 91-37, ~ 4) Sec. 2-930. Officers; quorum; rules of proce- dure. (a) Annually the membership of the Hispanic affairs advisory board shall elect a chairman and vice-chairman from among the members. Officers' terms shall be for one year with eligibility for reelection. (b) The presence of five or more members shall constitute a quorum necessary to take action and transact business. In addition, an affirmative vote offive or mOre members shall be necessary in order to take official action, regardless of whether five ar more members are present at the meeting. ADMINISTRATION (c) The board shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a written record of meetings, resolutions, findings and determinations. Copies of all board minutes, resolutions, reports, and exhibits shall be submit- ted to the board of county commissioners. (d) All board meetings shall be open to the public. (Ord. No. 91-37, ~ 5; Ord. No. 91-78, ~ 3) Sec. 2-931. Reimbursement of expenses. Members ofthe Hispanic affairs advisory board shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the board of county commissioners. (Ord. No. 91-37, ~ 6) Sec. 2-932. Functions, powers and duties. The functions, powers and duties of the His- panic affairs advisory board shall be as follows: (1) The board shall identify and evaluate prob- lems unique to the Hispanic community. (2) The board shall review and recommend ways to ensure open communication be- tween minorities and the county govern- ment to help promote and foster better understanding by the county of the prob- lems facing the minority population. (3) The board shall provide periodic reports directly to the board of county commission- ers for review. (4) The board may and is encouraged to have joint meetings with the Black affairs advi- sory board when deemed necessary to eval- uate problems common to both the His- panic and Black communities. (Ord. No. 91-37, ~ 7) Sec. 2-933. Duties of county administrator. The duties of the county administrator and his designees shall be to serve as staff advisers and Supp. No.4 ~ 2-947 advise the Hispanic affairs advisory board on county procedures and provide technical support. (Ord. No. 91-37, ~ 8) Sec. 2-934. Review process. This Hispanic affairs advisory board shall be reviewed once every four years commencing in 1995, in accordance with the procedures con- tained in division 2 of this article. (Ord. No. 91-37, ~ 9) Sees. 2-935-2-945. Reserved. DMSION 8. BLACK AFFAIRS ADVISORY BOARD' Sec. 2-946. Created. The Black affairs advisory board (hereinafter referred to as the "board") is hereby created. (Ord. No. 91-38, ~ 1) Sec. 2-947. Appointment and composition. (a) The Black affairs advisory board shall be composed of nine members to be appointed by resolution of the board of county commissioners. (b) Members of the board shall be appointed by and serve at the pleasure of the board of county commissioners. Said members shall be perma- nent residents and electors of the county. .Cross reference--Human rights. ch. 70. CD2:39 Page 1 of 4 Advisory Legal Opinion Number: AGO 2000-46 Date: August 1,2000 Subject: Airport Authority, voting and quorum requirements .".w...w..................."....."..........................,,""..w..........."...m......................................"......w...................................................................................".............. Mr. J. Michael Swaine Attorney for the Sebring Airport Authority 425 South Commerce Avenue Sebring, Florida 33870-3702 RE: AIRPORT AUTHORITIES--QUORUM--VOTES--interpretation of language in special act relating to quorum and voting. Ch. 67-2070, as amended by Chs. 82-382, and 89-484, Laws of Florida. Dear Mr. Swaine: You have asked for my opinion on substantially the following question: How many votes are required for official action to be taken by the Sebring Airport Authority Board under the airport authority's enabling legislation? In sum: An affirmative vote of a majority of the seven-member board is required for official action to be taken by the Sebring Airport Authority, that is, an affirmative vote of four members is required. The Sebring Airport Authority (the authority) was created by Chapter 67-2070, Laws of Florida,[l] which provides that: "There is hereby created an authority to be known as the Sebring Airport Authority which shall be a body politic and corporate. The Sebring Airport Authority is hereby constituted a public instrumentality and the exercise of said Authority of the powers conferred by this Act shall be deemed and held to be the performance of essential governmental functions."[2] http://legall.firn.edu/ago.nsf/aaee37715760bbce852563ccOO 1 bacf7 /577b5064c 144555e852... 1/22/200 I Page 2 of 4 The authority is empowered to adopt bylaws for the regulation of its affairs and the conduct of its business; to sue and be sued; to acquire, lease, construct, improve, repair, maintain and operate any airport and other industrial facilities located on the property of the authority; to issue bonds, refunding bonds and revenue certificates; to fix and collect rates, fees and other charges for the use of airport facilities; to acquire, by gift, purchase or eminent domain real property and personal property for improvement, enlargement or operation of airport facilities; and to contract and employ such employees and agents as are necessary for carrying out the provisions of the act. [3] The authority is governed by a board of seven members known as the Sebring Airport Authority Board. [4] The members of the board serve four-year terms. [5] Section 4, Chapter 67- 2070, Laws of Florida, provides that "[f]our (4) members shall constitute a quorum for meetings and affirmative vote of a majority of members shall be necessary for any action taken by the Authority. "[6] You question whether this reference to "a majority of members" refers to a majority of the members of the total board or to a majority of the quorum. It is a rule of statutory construction that when the language of a statute is clear and unequivocal, the legislative intent may be gleaned from the words used without applying incidental rules of construction. [7] Where the language of a statute is plain and definite in meaning without ambiguity, it fixes the legislative intention such that interpretation and construction are not needed. [8] The language of section 4, Chapter 67-2070, Laws of Florida, is clear: "an affirmative vote of a majority of members shall be necessary for any action taken by the Authority." (e.s.) A majority of members means a majority of the members of the seven member board, that is, four members.[9] Thus, the language of the special act could read, "[f]our (4) members shall constitute a quorum for meetings and affirmative vote of four (4) members shall be necessary for any action taken by the Authority." The Florida Constitution includes a rule of construction for language similar to that in section 4, Chapter 67-2040, Laws of Florida. Article X, section 12, Florida Constitution, provides rules of construction for provisions of the constitution, and states: http://legall.firn.edulago.nsf/aaee37715760bbce852563ccOO ~~~cf7 /577b5~64c 1445 5 5e852... 1/22/2001 Page 3 of 4 "(e) Vote or other action of a legislative house or other governmental body means the vote or action of a majority or other specified percentage of those members voting on the matter. 'Or the membership' means 'or aLL members thereor. '" (e.s.) Thus, for purposes of interpreting constitutional provisions, the phrase "of the membership" relates to the total membership of the body in question. The constitutional provision distinguishes this number from that required when the reference is merely to "a vote," which requires only a percentage of those members who are present and voting on the matter. [10] Finally, with regard to parliamentary law, where a legal quorum is present, the general rule in the absence of any provision to the contrary is that a proposition is carried by a majority of the legal votes cast. [11] Thus, if the Legislature had intended a majority of the quorum present at a Sebring Airport Authority Board meeting to effect valid official action, no provision other than the quorum language would have been necessary. Rather, the Legislature specified that approval of a "majority of the members" is necessary in order to take official action. This office will not presume that the Legislature intended to enact purposeless or useless legislation. [12] Therefore, it is my opinion that the phrase "affirmative vote of a majority of members" as contained in section 4, Chapter 67-2070, Laws of Florida, should be read to refer to an affirmative vote of a majority of members of the total board of the Sebring Airport Authority. The constitutional rule of construction and the rules of statutory construction persuade me that the affirmative vote of four members of the airport authority is required for official action to be taken by the board. Sincerely, Robert A. Butterworth Attorney General RAB/tgh [1] Chapter 67-2070, Laws of Florida, has been amended by http://legal}!i~~~du/agonsf/aaee3771~Z~.?.h.b~e~52?63cc?_0 1 bacD /577b50~~~ 1 ~455 5e852... 1/22/2001___ Page 4 of 4 Ch. 82-382 and Ch. 89-484, Laws of Florida. [2] Section 2, Ch. 67-2070, Laws of Florida. [3] Section 6, Ch. 67-2070, Laws of Florida, as amended by s. 6, Ch. 89-484, Laws of Florida. [4] Section 4, id. as amended by Ch. 82-382, Laws of Florida, and s. 4, Ch. 89-484, Laws of Florida. [5] Section 4, Ch. 67-2070, Laws of Florida. [6] While Ch. 67-2040, Laws of Florida, has been amended a number of times, this language has remained unchanged since 1967. [7] Holly v. Auld, 450 So. 2d 217, 219 (Fla. 1984); Reino v. State, 352 So. 2d 853, 860 (Fla. 1977); State v. Egan, 287 So. 2d 1, 4 (Fla. 1973). [8] Osborne v. Simpson, 114 So. 543 (Fla. 1927). [9] Cf., 29 C.J.S. Elections s. 119(4), "[i]n computing the number of votes which constitutes a majority, all votes are to be considered." [10] See, Chiles v. Phelps, 714 So. 2d 453, FN8. at 460 (Fla. 1998), in which the Court notes that a two-thirds vote "of the membership" of the Legislature is greater than the two-thirds vote required to override a gubernatorial veto and cites Art. X, s. 12(e), Fla. Const. Cf., State v. city of ~ami Beach, 257 So. 2d 25 (1971); and State v. City of st. Augustine, 235 So. 2d 1 (1970), discussing voting requirements for approval of bond issues under Art. VII, s. 12, Fla. Const. [11] See, 67A C.J.S. Parliamentary Law s. 8b. [12] See, e.g., Dickinson v. Davis, 224 So. 2d 262 (Fla. 1969); Sharer v. Hotel Corporation of America, 144 So. 2d 813 (Fla. 1962). Home I News I Citizen Safetv I Opinions I Consumers I Lemon Law I Crime Victims Open Government I Prosecution I Criminal Justice I Florida's AG I Services I Jobs I Directorv I Maps http://legall.firn.edu/ago.nsf/aaee377l5760bbce852563ccOO 1 bacf7 15 77b5064c 1445 55e852... 1/22/200 I ."-....,...-.---- ----,- .---- ~ ---'.-",....,~-.-..' - --'-~<",- -.-.----.,,--... ~l1icle tX~~_ _~ CONSTITUTION OF THE STATE OF FLORIDA __ Articl~ Article X (b) The school board shall operate, control and supervise all free public schools within the school district and determine the rate of school district taxes wilhin the limits prescribed herein. Two or more school districts may operate and finance joint educational programs. History.-Am. proposed by ConstitutIon Revision Commission. Revision No. 11, 1998, tiled with the Secretary of Slate May 5, 1998: adopted 199& SECTION 5. Superintendent of schoots.-In each school district there shall be a superintendent of schools who shall be elected at the general election in each year the number of which Is a multiple of four for a term of four years; or, when provided by resolution of the district school board, or by special law, approved by vote of the electors, the district school superintendent in any school district shall be employed by the district school board as provided by general law. The resolution or spe- cial law may be rescinded or repealed by either proce- dure after four years. History.-Am. proposed by Constitution Revision Commission. Revision No. 13. 1998, filed with the Secretary of State May 5, 1998; adopted HiSS. SECTION 6. State school fund.- The income derived from the state school fund shall, and the princi- pal of the fund may, be appropnated, but only to the .sup- port and maintenance of free pUblic schools. ARTICLE X MISCELLANEOUS Sec. 1. Amendments to Uniled States Constitution. 2. Militia. 3. Vacancy In office. 4. Homestead; exemptions. 5. Coverture and property. 6. Eminent domain. 7. Lottenes. 8. Census. 9. Repeal of criminal statutes. 10. Felony; definition. 11. Sovereignty lands. 12. Rules of construction. 13. Suits against the state. 14. State retirement systems benefil changes. 15. State operated lotteries. 16. Umiting Marine Net Rshing. 17. Everglades Trust Fund. 18. Disposition of conservation lands. SECTION 1. Amendments to United States Constitution.- The legislature shall not take action on any Proposed amendment to the constitution of the United States unless a majonty of the members thereof have been elected after the proposed amendment has been submitted for ratification. SECTION 2. Mititia.- (a) The mililia shall be composed of all abJebodied inhabitants of the state who are or have declared their Intention to become cilizens of the United States: and no person because of religious creed or opinion shall be exempted from military duty except upon conditions pro- vided by law. (b) The organizing, equipping, housing, maintaining, and disciplining of the mililia, and the safekeeping of public arms may be provided for by law. (c) The govemor shall appoint all commissioned officers of the militia, including an adjutant general who shall be chief of staff. The appointment of all general offi- cers shall be subject to confirmation by the senate. (d) The qualifications of personnel and offICers of the federally recognized national guard, including the adjutant general, and the grounds and proceedings for their discipline and removal shall conform to the appro- priate United States army or air force regulations and usages. SECTION 3. Vacancy in office.-Vacancy in office shall occur upon the creation of an office, upon the death, removal from office, or resignation of the incum. bent or the incumbent's succession to another OffICe, unexplained absence for sixty consecutive days, or fail- ure to maintain the residence required when elected or appointed, and upon failure of one elected or appointed to offICe to qualify wilhln thirty days from the commence- ment of the term. Hfatory.-Am. proposed byCQostitulion Revision Commission, R8\lisfoo No. 13, 1998, tiled with the Secretary at State May 5, 1998; adopted 1998. SECTION 4. Homestead; exemptions.- (a) There shall be exempt from forced sale under process of any court, and no judgment decree or exe- cution shall be a lien thereon, except for the payment of taxes and assessments thereon, obligations contracted for the purchase, improvement or repair thereof, or oblig- ations contracted for house, field or other labor per- formed on the really, the following property owned by a natural person: (1) a homestead, if located outside a municipality, to the extent of one hundred sixty acres of contiguous land and improvements thereon, which shall not be reduced wilhout the owner's consent by reason of subsequent Inclusion In a municipality; or if located within a munici- pality, to the extent of one-hali acre of contiguous land, upon which the exemption shall be limiled to the resI- dence of the owner or the owner's family; (2) personal property to the value of one thousand dollars. (b) These exemptions shall inure to the surviving spouse or heirs of the owner. (c) The homestead shall not be subject to devise if the owner is survived by spouse or minor child, except the homestead may be devised to the owner's spouse ,f there be no minor child. The owner of homestead real A-34 estate, jOi homeste;:: by deed u the spo~ method 01 ed by law. H1story.-J 1984; Am. P((II flledwdhtheS SECTI' shall be n, ried men bering of that dowe bylaw. SEem (a) N, public pu~ to each 0\01 court and (b) Pr, easement: land of onl SECTIC types of p effective dl this state. SECTIC (a) Ea Uniled Sta (b) Ea sifications tive on the regular se: certificatior SECTtC Repeal or affect prOSE Iy committe SECTIO 'felony" as mean any I laws of this ted in this s penitentia') SECTIOI lands unde, the state, beaches bE state, by vir pie. Sale of only when I of such Ian. not contrary History.--Am. 1,,2< ~e X CONSTITUTION OF THE STATE OF FLORIDA .._.._~--- Article X has "tate, joined by the spouse if married, may alienate the ~mestead by mortgage, sale or gift and, tl married, may 'I deed transfer the title to an estate by the entirety with M spouse. If the owner or spouse is incompetent, the method of alienation or encumbrance shall be as provid- ad by law. HistOl'Y.-Am. H.J.R. 4324, 1972; adopted 1972: Am. H.J.R. 40, 1983; adopted 1984; Am. proposed by ConstiMion Revision Commission, Revision No. 13, 1996. led with the Secretary of Slate May 5. 1998; adopted 1998_ ldied their ldno ,II be ; pro. SECTION 5. Coverture and property.- There shall be no distinction between married women and mar. ned men in the holding, control, disposftion, or encum. ",ring of their property, both real and personal; except Mt dower or curtesy may be established and regulated bylaw. ning, 19 of cned I who 1loffi- SECTION 6. Eminent domain.- ,rs of (a) No private property shall be taken except for a 9 the public purpose and with full compensation therefor paid JS for ~ each owner or secured by deposit in the registry of the ~pro- court and available to the owner. , and (b) Provision may be made by law for the taking of easements, by like proceedings, for the drainage of the . ~nd 01 one person over or through the land of another. offlCA.. n SECTION 7. Lolteries.-Lotteries, other than the 1cum. \'Pes of pari-mutuel pools authorized by law as of the office, efIective date of this constitution, are hereby prohiMed in " fail. his state. ted or ointed lenc6'- nNQ.13. SECTION 8. Census.,- (a) Each decennial census of the state taken by the Unfted States shall be an official census of the state. (b) Each decennial census, for the purpose of clas- smcations based upon population, shall become effec- We on the thirtieth day after the final adjournment of the ,regular session of the legislature convened next after certifICation of the census. under lr exe~ lent of racted roblig- lr per- d bya aJity, to JS land !duced equant l1unici. 5 land, Ie resi- , SECTtON 9. Repeat of criminat statutes.- 'Repeal or amendment of a criminal statute shall not affect prosecution or punishment for any crime previous- :'tcommitted. . SECTION 10. Felony; definition.-The term . 'elony" as used herein and in the laws of this state shall 'mean any criminal offense that is punishable under the 'aws of this state, or that would be punishable if commft- .Ied In this state, by death or by imprisonment in the state . penitentiary. SECTION 11. Sovereignty lands.-The title to ands under navigable waters, wfthin the boundaries of ~e state, which have not been alienated, including beaches below mean high water lines, is held by the state, by virtue of its sovereignty, in trust for all the peo- Ple. Sale of such iands may be authorized by law, but only when in the public interest Private use of portions Of such lands may be authorized by law, but only when tlot contrary to the public interest. H~._Am. H.J.R 792. 1970; adOpted 1970. )usand lI'viving evib except lOUse jf ad reai SECTION 12. Rules of construclion.-Unless qualified in the text the following rules of construction shall apply to this constftution. (a) "Herein" refers to the entire constftution. (b) The singular includes the plural. (c) The mascuiine includes the feminine. (d) "Vote of the electors" means the vote of the majority of those voting on the matter In an election, gen. eral or special, in which those perticipating are limfted to the electors of the governmental unit referred to in the text. (e) Vote or other action of a legislative house or other governmental body means the vote or action of a majority or other spectlied percentage of those members voting on the matter. "Of the membership" means "of all members thereof." (f) The terms "judicial office," "justices" and "judges" shall not include judges of courts estabiished solely for the trial of violations of ordinances. (g) "Special law" 'means a special or local law. (h) Titles and sub@es shall not be used in construc- tion. SECTION 13. Suits against the state.-Provision may be made by general law for bringing suit against the state as to all liabilities now existing or hereafter originat- ing. SECTION 14. Stale retirement systems benefit changes.-A governmental unit responsible for any retirement or pension system supported in whole or in part by public funds shall not after January 1, 1977, pro. vide any increase in the benefits to the members or ben- eficiaries of such system unless such unit has made or concurrently makes provision for the funding of the increase in benefits on a sound actuarial basis. Htstory.-Added. H.J.R. 291,1975; adopte<l1976 SECTION 15. Slate operated lolleries.- (a) Lotteries may be operated by the state. (b) If any subsection or subsections of the amend- ment to the Fiorida Constitution are held unconstftution- aI for containing more than one subject, this amendment shall be limfted to subsection (a) above. (c) This amendment shall be implemented as fol- lows: (1) Schedule-On the effective date of this amend- ment, the lotteries shall be known as the Florida Education Lotteries. Net proceeds derived from the lot- teries shall be deposited to a state trust fund, to be des- ignated The State Education Lotteries Trust Fund, to be appropriated by the Legislature. The schedule may be amended by general law. Hlatory.--Proposed by Initiative Petftion filed with ltIe secretary of State June 10, 1985; adopted 1986. SECTION 16. Limiting Marine Net Fishing.- (a) The marine resources of the State of Fiorida belong to all of the people of the state and should be conserved and managed for the benefit of the state, its people, and future generations. To this end the people hereby enact limitations on marine net fishing In Florida A-35 COLLIER COUNTY DAVID C. WEIGEL COLLIER COUNTY ATTORNEY 3301 Tamiami Trail East Naples, Florida 34112-4902 Telephone: (941) 774-8400 FAX: (941) 774-0225 Email: attorney@naples.net January 10, 2001 Heidi F. Ashton Ellen T. Chadwell Ramiro Manalich William E. Mountford Thomas C Palmer Michael W. Pettit H!lrl'l' I.t 5....vJ" ; Ms. Sofia Pagan 238 Pebble Beach Boulevard Apartment 604 Naples, Florida 34113 Marjorie M. Student Patrick G. White Robert N. Zachary Re: Hispanic Affairs Advisory Board Meeting Scheduled for January 25, 20001 Dear Ms. Pagan: Congratulations on your appointment to the Collier County Hispanic Affairs Advisory Board (HAAB). The next meeting of the HAAB is scheduled for Thursday, January 25,2001 at 7:00 P.M. at the Golden Gate Community Center. Enclosed is the agenda notice and backup for this meeting. If you require directions, please contact the Golden Gate Community Center at 455-2343. If you are unable to appear at this meeting or if you have any questions relating to the enclosures or the HAAB in general, please do not hesitate to contact me or my Assistant, Kay by Monday, January 22,2001. Sincerely, cJ?~ Ramiro Maiialich Chief Assistant County Attorney and Staff Liaison to the Collier County Hispanic Affairs Advisory Board RM/kn encl. cc: David C. Weigel, County Attorney COLLIER COUNTY DAVID C. WEIGEL COLUER COUNTY ATTORNEY 3301 T amiami Trail East Naples, Flarida 34112-4902 Telephone: (941) 774-8400 FAX: (941) 774-0225 Email: attorney@naples.net January 10, 2001 Heidi F. Ashton Ellen T. Chadwell Ramiro Manolich William E. Mountford Thomas C. Palmer Michael W. Pettit ~A--:p . u. ~nH~erp. Mr. Robert 1. Pina 5501 Rattlesnake Hammock Road Apartment 113 Naples, Florida 34113 Marjorie M. Student Patrick G. White Robert N. Zachary Re: Hispanic Affairs Advisory Board Meeting Scheduled for January 25, 20001 Dear Mr. Pina: Congratulations on your appointment to the Collier County Hispanic Affairs Advisory Board (HAAB). The next meeting of the HAAB is scheduled for Thursday, January 25, 2001 at 7:00 P.M. at the Golden Gate Community Center. Enclosed is the agenda notice and backup for this meeting. If you require directions, please contact the Golden Gate Community Center at 455-2343. If you are unable to appear at this meeting or if you have any questions relating to the enclosures or the HAAB in general, please do not hesitate to contact me or my Assistant, Kay by Monday, January 22,2001. Sincerely, ~~ Ramiro Manalich Chief Assistant County Attorney and Staff Liaison to the Collier County Hispanic Affairs Advisory Board RM/kn encl. cc: David C. Weigel, County Attorney COLLlER COUNTY DAVID C. WEIGEL COLLIER COUNTY ATTORNEY 3301 Tarniarni Trail East Naples, Florida 34112-4902 Telephone: (941) 774-8400 FAX: (941) 774-0225 Ernai!: attorney@naples.net January 10, 2001 Heidi F. A~hton Ellen T. Chadwell Ramiro Monolich William E. Mountford Thomas C. Palmer Michael W. Pettit Morl'li u. S<:t.<:I.:.,: Marjorie M. Student Patrick G. While Robert N. Zachary Mr. Elvin Santiago 641 Dorando Court Marco Island, Florida 34145 Re: Hispanic Affairs Advisory Board Meeting Scheduled for January 25, 20001 Dear Mr. Santiago: Congratulations on your appointment to the Collier County Hispanic Affairs Advisory Board (HAAB). The next meeting of the HAAB is scheduled for Thursday, January 25,2001 at 7:00 P.M. at the Golden Gate Community Center. Enclosed is the agenda notice and backup for this meeting. If you require directions, please contact the Golden Gate Community Center at 455-2343. If you are unable to appear at this meeting or if you have any questions relating to the enclosures or the HAAB in general, please do not hesitate to contact me or my Assistant, Kay by Monday, January 22, 2001 Sincerely, G7 ~. ay- Ramiro Maiialich Chief Assistant County Attorney and Staff Liaison to the Collier County Hispanic Affairs Advisory Board RMIkn encl. cc: David C. Weigel, County Attorney COLLIER COUNTY DAVID C. WEIGEL COLLIER COUNTY ATTORNEY 3301 Tamiami Trail East Naples, Florida 34112-4902 Telephone: (941) 774-8400 FAX: (941) 774-0225 Email: attorney@naples.net January 10, 2001 Heidi F. Ashton Ellen T. Chadwell Ramiro Manalich William E. Mountford Thomas C. Palmer Michael W. Pettit Mu, ,,; t.t &""J... ; Marjorie M. Student Patrick G. White Robert N. Zachary Mr. Leo R. Cardona 557 106TI1 Avenue, North Naples, Florida 34108 Re: Hispanic Affairs Advisory Board Meeting Scheduled for January 25, 20001 Dear Mr. Cardona: The next meeting of the HAAB is scheduled for Thursday, January 25,2001 at 7:00 P.M. at the Golden Gate Community Center. Enclosed is the agenda notice and backup for this meeting. If you require directions, please contact the Golden Gate Community Center at 455-2343. We currently have three new members that we wish to welcome to this Board and it is important that this Board gain a fresh start in 2001 by demonstrating to the County Commissioners its desire to continue as a Board and focus on the needs of the Hispanic community. Since we have not yet reached full membership on this Board, it is imperative that all members attend this meeting. Our office has attempted to reach all members in order to achieve full attendance at this meeting but have not heard back from some of you. If you are unable to attend, you must contact either me or my Assistant, Kay, by Monday, January 22,2001 and explain your reason for not appearing. If you have any questions relating to the enclosures or the HAAB in general, please do not hesitate to contact me. Sincerely, eJ2:-- ~~~ P Ramiro Maiialich Chief Assistant County Attorney and Staff Liaison to the Collier County Hispanic Affairs Advisory Board RM/kn encl. cc: David C. Weigel, County Attorney COlLlER COUNTY DAVID C. WEIGEL COLLIER COUNTY ATTORNEY 3301 Tarniarni Troil Eos! Naples, Florida 34112-4902 T elephane: (941) 774-8400 FAX (941) 774-0225 Ernail: attarney@naples.net January 10, 2001 Heidi F. A~hton Ellen T. Chadwell Ramiro Manalich William E. Mountford Thomm C. Palmer Michael W. Pettit ~)!HF1i AA C;;r"rl"'r~ David Correa, Chairman 11257 Longshore Way, West Naples, Florida 34119 Marjorie M, Student Patrick G. White Robert N. Zachary Re: Hispanic Affairs Advisory Board Meeting Scheduled for January 25, 20001 Dear Chairman Correa: The next meeting of the HAAB is scheduled for Thursday, January 25, 2001 at 7:00 P.M. at the Golden Gate Community Center. Enclosed is the agenda notice and backup for this meeting. If you require directions, please contact the Golden Gate Community Center at 455-2343. We currently have three new members that we wish to welcome to this Board and it is important that this Board gain a fresh start in 200 I by demonstrating to the County Commissioners its desire to continue as a Board and focus on the needs of the Hispanic community. Since we have not yet reached full membership on this Board, it is imperative that all members attend this meeting. Our office has attempted to reach all members in order to achieve full attendance at this meeting but have not heard back from some of you. If you are unable to attend, you must contact either me or my Assistant, Kay, by Monday, January 22,2001 and explain your reason for not appearing. If you have any questions relating to the enclosures or the HAAB in general, please do not hesitate to contact me. Sincerely, CJ2---- Ramiro Maiialich Chief Assistant County Attorney and Staff Liaison to the Collier County Hispanic Affairs Advisory Board RMIkn encl. cc: David C. Weigel, County Attorney COLLIER COUNTY DAVID C. WEIGEL COLLIER COUNTY ATTORNEY 3301 Tamiami Trail East Naples, Florida 34112-4902 Telephone: (941) 774-8400 FAX: (941) 774-0225 Email: attarney@naples.net January 10, 2001 Heidi F. A~hton Ellen T. Chadwell Ramiro Manalich William E. Mountford Thomas C. Palmer Michael W. Pettit ~ Marjorie M. Student Patrick G. White Robert N, Zachary Mr. Frank Loney 131 Tahiti Street Naples, Florida 34113 Re: Hispanic Affairs Advisory Board Meeting Scheduled for January 25, 20001 Dear Mr. Loney: The next meeting of the HAAB is scheduled for Thursday, January 25,2001 at 7:00 P.M. at the Golden Gate Community Center. Enclosed is the agenda notice and backup for this meeting. If you require directions, please contact the Golden Gate Community Center at 455-2343. We currently have three new members that we wish to welcome to this Board and it is important that this Board gain a fresh start in 2001 by demonstrating to the County Commissioners its desire to continue as a Board and focus on the needs of the Hispanic community. Since we have not yet reached full membership on this Board, it is imperative that all members attend this meeting. Our office has attempted to reach all members in order to achieve full attendance at this meeting but have not heard back from some of you. If you are unable to attend, you must contact either me or my Assistant, Kay, by Monday, January 22, 2001 and explain your reason for not appearing. If you have any questions relating to the enclosures or the HAAB in general, please do not hesitate to contact me. Sincerely, ~~ c2~ Ramiro Maiialich Chief Assistant County Attorney and Staff Liaison to the Collier County Hispanic Affairs Advisory Board RMIkn encl. cc: David C. Weigel, County Attorney COLLIER COUNTY DAVID C. WEIGEL COLLIER COUNTY ATTORNEY 3301 T amiami Trail East Naples, Florida 34112-4902 Telephone: (941) 774-8400 FAX: (941) 774-0225 Emai!: attorney@naples.net January 10,2001 Heidi F. Ashton Ellen T. Chadwell Ramiro Manalich William E. Mountford Thomas C. Palmer Michael W. Pettit ..,'.~. i"'. S...vJ.."i Mr. Pete Cade 1903 Leed Avenue Naples, Florida 34142 Marjorie M. Student Patrick G. White Robert N. Zachary Re: Hispanic Affairs Advisory Board Meeting Scheduled for January 25, 20001 Dear Mr. Cade: The next meeting of the HAAB is scheduled for Thursday, January 25,2001 at 7:00 PM at the Golden Gate Community Center. Enclosed is the agenda notice and backup for this meeting. If you require directions, please contact the Golden Gate Community Center at 455-2343. We currently have three new members that we wish to welcome to this Board and it is important that this Board gain a fresh start in 2001 by demonstrating to the County Commissioners its desire to continue as a Board and focus on the needs of the Hispanic community. Since we have not yet reached full membership on this Board, it is imperative that all members attend this meeting. Our office has attempted to reach all members in order to achieve full attendance at this meeting but have not heard back from some of you. If you are unable to attend, you must contact either me or my Assistant, Kay, by Monday, January 22,2001 and explain your reason for not appearing. If you have any questions relating to the enclosures or the HAAB in general, please do not hesitate to contact me. Sincerely, CJZ-- #k_ ~cZ Q Ramiro Maiialich Chief Assistant County Attorney and Staff Liaison to the Collier County Hispanic Affairs Advisory Board RMIkn encl. cc: David C. 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