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Minutes 01-21-04MINUTES OF THE CODE COMPLIANCE BOARD WORKSHOP HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, JANUARY 21, 2004 AT 6:30 P.M. Present Chris DeLiso, Chair Michele Costantino, Vice Chair Robert Foot James Miriana Enrico Rossi Dr. Dave Rafkin Brenda Shamblin Kathleen Carroll, Alternate Kathy S. Cook, Alternate Mike Pawelczyk, Assistant City Attorney I. Call to Order Chairman DeLiso called the workshop meeting to order at 6:30 p.m. Items for Discussion Sunshine Law/Public Records Update by City Attorney's Office Attorney Pawelczyk explained that the City Attorney has requested that all the City Boards be provided with updates on three areas of Florida law dealing with Boards as follows: (1) the Sunshine Law; (2) the Public Records Law; and (3) the Code of Ethics. (Prior to Attorney Pawelczyk assuming the podium, he distributed a copy of pertinent provisions of the Florida Statutes that he would be addressing.) First addressed was Section 286.011--the Sunshine Law. The Sunshine Law provides that all public meetings and records be open to the public. Attorney Pawelczyk explained that the Code Compliance Board is a public body of the City of Boynton Beach. Therefore, the provisions of Section 286.011 of the Florida Statutes govern this Board. This statute provides access for the citizens to their government. This applies to any meeting or gathering of any two or more members of the same board to discuss a matter that would deal with any action that might come before the Board that required some kind of action. Meetings must be noticed publicly and minutes must be taken. The Code Compliance Board meetings are noticed by the City Clerk's Office and that office provides the Recording Secretary to take the minutes of the meeting. Two or members are discouraged from discussing any Board issues among themselves. If two or more Board members discuss anything among themselves prior to the meeting, they could be found to be in violation of the Sunshine Laws. The law provides for certain non-criminal penalties to be imposed up to $500 and under some circumstances, criminal penalties Meeting Minutes Code Compliance Board Workshop Boynton Beach, Florida January 21, 2004 could be imposed as a misdemeanor. Attorney Pawelczyk also noted that the law provides that all minutes of the meeting are to be available for public inspection. Sometimes written communication among Board members could also be considered a violation of the Sunshine Law that could include e-mail. All meetings must be open to the public, with the doors open, and anybody can come in. The Board is prohibited from meeting in a private place where access has to be secured from a security guard to enter. · Reasonable notice is at least 24 hours, but normally 72 hours or more is provided. · Minutes must be available to the public for review at anytime. The Public Records Law is covered in Section 119.011(1) of the Florida Statutes. Section 1 .A. states that all public records are open and available to the public unless an exemption is provided. Anything that Board members see and possess as it relates to the functions, duties and actions of this Board is considered a public record and must be made available to the public for inspection. Therefore, all the information in the agenda packet or any correspondence or letters received regarding any cases is public record. If any Board member receives any kind of communication from anyone associated with a case that would be coming before the Board, this is also public record and should be forwarded to Mr. Blasie for distribution to the other Board members. All requests for public records should be submitted to the City Clerk's Office. That office will contact the appropriate department or individual to ensure that the request is responded to in a timely manner. There are also potential civil and criminal penalties for not complying with the Public Records Act. If a person files suit against the City for failure to produce public records and the court finds that the City did violate the Public Records Act, the City would be liable for the attorney fees for that individual. Ethics In Government is covered in Chapter 112 of the State of Florida Statutes that deals with the Board's obligation to vote as a member of a public body. Section 112.3143 provides in detail the Board's obligation on voting unless a member has a conflict. A conflict usually occurs when a Board member would personally gain or lose financially, or a relative, family member, business partner, or associate would also stand to gain or lose financially from a matter. That is the only time a member could abstain from voting. There are forms provided by the City Clerk's Office that must be completed and filed when a member abstains from voting and the reason for abstaining. The reason for the Code of Ethics is to avoid any appearance of impropriety. If any Board member has any question on whether they should vote on a matter because of a potential conflict, they should contact the City Attorney's Office. Because the City Attorney's Office represents the City and the Boards, but not the individual members of the Boards, if any member feels that they may have done something, contrary to the Meeting Minutes Code Compliance Board Workshop Boynton Beach, Florida January 21, 2004 City Attorney's advice, it would be beneficial to obtain their own attorney in those instances. Attorney Pawelczyk explained that the City Attorney's office is always available to answer any questions and can be contacted at 561-742-6050. A brief question and answer period followed. 3. Adjournment There being no further business, the meeting properly adjourned at 6:50 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (Janua~ 22,2003) 3