Minutes 01-21-04 (2)MINUTES OF THE CODE COMPLIANCE BOARD WORKSHOP HELD IN
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA
ON WEDNESDAY, JANUARY 2'1, 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
~;~.~ D ..... ~ .... u Assistant City Attorney
David Tolces
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 Pawelr:,zy~Tolces 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 ~Tolces 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 Pawel6z~Tolces 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
January21,2004
penalties to be imposed up to $500 'and under some circumstances, criminal penalties
could be imposed as a misdemeanor. Attorney ~Tolces 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 I.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, al! 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
Meeting Minutes
Code Compliance Board Workshop
Boynton Beach, Florida
January 21, 2004
the Boards, if any member feels that they may have done something, contrary to the
City Attorney's advice, it would be beneficial to obtain their own attorney in those
instances.
Attorney Pawelc:~Tolces 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 propedy adjourned at 6:50 p.m.
Respectfully submitted,
Barbara M. Madden
......... Rec_o_rding ~ecreta~ _
(January 22,2003)