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HomeMy WebLinkAbout01-24-2024 CCWS MinutesSEBASTIAN CENTENNIAL CELEBRATION 191E • 1014 SEBASTIAN CITY COUNCIL WORK SESSION MINUTES WEDNESDAY, JANUARY 24, 2024 — 5:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Dodd called the Work Session to order at 5:00 p.m. 2. A moment of silence was held. 3. The Pledge of Allegiance was recited. 4. ROLL CALL Mayor Ed Dodd Vice Mayor Kelly Dixon Council Member Fred Jones Council Member Bob McPartlan Council Member Chris Nunn Staff Present: City Manager Brian Benton City Attorney Jennifer Cockcroft City Clerk Jeanette Williams Community Development Director Alix Bernard Community Development Manager Dom Bosworth Parks and Recreation Director Richard Blankenship Deputy City Clerk Catherine Walker Police Chief Dan Acosta Police Lt. Dino Savvidis 5. NEW BUSINESS — DISCUSSION MATTERS A. PROCEDURAL DISCUSSION/REOUEST FOR DIRECTION: The City Attorney said she wanted to discuss some housekeeping matters and receive direction from City Council. City Attorney Work Session January 24, 2024 Page 2 (1) Removal of citizen board alternates from participation or deliberation of matters on the dais Der Robert's Rules of Order. She cited the current code requiring alternates to attend all board meetings. She said while they could be there, they shouldn't be participating on the dais particularly when it is quasi-judicial and it should only be discussed by members with the ability to vote on the matter. She recommended that alternates be available but not included in the discussion. Council Member Nunn clarified that alternates could still provide input on an item as a citizen. He also asked that boards understand their role. The City Attorney offered to train the boards as such. It was the consensus of Council that alternates not be on the dais during discussion of matters during citizen board meetings unless needed to fill in for an absent member and that the City Attorney make any necessary changes, including bringing back to Council if needed. (2) Limiting public comment via zoom participation in quasi-iudicial matters unless aggrieved party/applicant. The City Attorney said the majority of jurisdictions have done away with comment provided by zoom and asked if they would consider reasonable restrictions to help move things along during meetings particularly with quasi- judicial meetings. Mayor Dodd added that cross examination is important in quasi-judicial proceedings. He asked if they should allow zoom comment on agenda items. Three members said they should probably do away with zoom input. Council Member McPartlan suggested they require pre -registration for those that might have an emergency and unable to attend. Council members expressed concern about input by persons unverifiable or artificial. The City Attorney confirmed with the input that she just received, that they would do away with zoom input for all agenda items including discussion at the board and committee meetings. (3) Speaker oath cards. The City Attorney suggested speaker oath cards be used for the quasi-judicial agenda items so in case something is appealed, they have a good record. The Council discussed having speaker oath cards and the benefits of same. City Attorney Work Session January 24, 2024 Page 3 It was the consensus of Council that speaker oath cards should be used for the future in public hearings and that the City Attorney make any necessary changes, including bringing back to Council if needed. (4) Amendments to procedures for removal of citizen board members. The City Attorney said there have been a few instances of discussion on the reasons for removing a board member. She suggested that the Council should consider having the board members serve more at their pleasure than the current code has structured with respect to removal. Mayor Dodd suggested the chair of a board should submit a request to the City Attorney to have the Attorney investigate the board member's participation or reasons for removal. Mayor Dodd said he would like to see more training because unless the board is meeting, members shouldn't be making statements on behalf of that board. The City Attorney offered to look into simplifying the removal process. Mayor Dodd suggested that the City Attorney would serve as the mediator and then come to Council if they felt the board member was not going to be a productive member of the board. It was the consensus of Council that the City Attorney make adjustments to the current code to simplify removal of board members and bring it back to Council for consideration. (5) Establishment of reasonable time limits for participants in Quasi-iudicial hearings. The City Attorney discussed suggestions regarding time limit during items on the agenda. She referred to backup materials which outlined sample times for limitations on speakers for quasi-judicial items. She stated that since she has been here, there was at least one applicant that could have spoken all night using the time as a sales presentation. She asked them to consider a time limit for their presentations and all other speakers. Council Member Nunn said that was a good idea since they have the ability to extend a time limit if needed. Council Member McPartlan said he would like to see the five minute limit spread across the board. It was the consensus of Council to implement the time limitations as outlined in the sample backup and for the City Attorney to bring back any needed changes. (b) Trainina for citizen boards & chaimersons. The City Attorney offered to conduct training with all the boards or one-on- one or with only the chairpersons. She asked Council for their preference. City Attorney Work Session January 24, 2024 Page 4 Mayor Dodd said there should be a separate training session for the chairman of the boards. It was the consensus of Council for the City Attorney to schedule training with chairpersons and the citizen boards. (7) Anv other changes to Resolution No. R-22-15 (R-24-02) as aunroved on January 10.2024 prior to codification. She advised that she would codify all of the changes they discussed tonight. B. TRAINING SESSION The City Attorney directed Council's attention towards the PowerPoint in their backup and went over the last page of hot topics. (1) Ethics and Law (2) Parliamentary Procedure (3) Decorum/Hot Topics 6. Being no further business, Mayor Dodd adjourned the Work Session at 5:48 p.m. Approved at the February 14, 2024 Regular City Council meeting. Mayor Ed Dodd ATT1/EST.• J nette Williams, City Clerk Ethics and Law Florida Citizen Advisory Boards Applicable Law . Florida Statutes Ch. 112, Ch. 119, Ch. 286 . State of Florida Constitution Art. II §8 ("Sunshine Amendment") Topics: i. CODE OF ETHICS (FL and/or City) z. PUBLIC RECORDS LAW 3. SUNSHINE LAW 4. QUASI JUDICIAL v. QUASI LEGISLATIVE CODE OF ETHICS CODE OF ETHICS • Why do we need it? • Public officials should be independent, impartial and don't want public offices to be used for private gain • To make sure that all actions taken are in the public interest • Public official as to your board — can't speak on behalf of the body — act as a body, not individuals . Why should you be concerned? • Criminal penalties [rare; only if involving fraud/criminal activities] • Removal from office • Public reprimand ■ Civil fines up to $10,000 Prohibited Activities 1. Asking for or accepting gifts* 2. Doing business with your agency 3. Accepting compensation for your vote 4. Misuse of position s. Conflicting employment or contractual relationships 6. Misuse of privileged information 7. Nepotism s. Post -employment restrictions 9. Dual office holding io. Absenteeism from voting TOPICS OF ETHICAL CONCERN: ■ REQUIRED DISCLOSURES ® GIFTS . HONORARIA (rare) ■ CONFLICT OF INTEREST REQUIRED DISCLOSURES 1. Campaign Contributions z. Honoraria & Gifts 3. Financial Disclosures: Every board member must file full and public disclosure of their financial interests Annual reporting required (Form 6*) 4. Conflicts of Interest More on Gifts: • Prohibited gifts: ■ Any gift valued over $100 from a lobbyist, a political action committee [PAC] or a committee of continuous existence [CCE] ■ Any gift given to influence a vote ■ Allowed Gifts/Disclosures Required: ■ Any gift over $100 from a source other than those prohibited ■ Any gift valued between $25 and $100 from a lobbyist, a PAC, or a CCE ■ Allowed Gifts/Disclosure Not Required: ■ Any gift valued under $25 from a lobbyist, PAC or CCE . Any gift from other sources valued under $100 Honoraria Law FS §112.3149 ■ Definition: • Acceptance of a payment (money or anything of value) for a speech or any writing other than a book • Does not include: ■ Ordinary payment or salary related to one's public duties • Campaign contributions • Payment or provision of food, beverage, lodging, transportation costs, or registration fees related to the honorarium event CONFLICTS OF INTEREST ■ Situation where a regard for your private interest may lead to a disregard for the public interest and duty • Applies when your (or your family's) private financial interests may benefit • Must abstain from voting in matter and disclosure required (Form 813) within 15 days • Unable to make impartial decision in QJ matter— FS 286.012 Conflict of Interest Law Prohibits: 1. Incompatible employment: When it would interfere with the proper discharge of official duties or impair acting in the public interest 2. Disclosure of confidential information: May not use confidential information to advance self or others' private or financial interests May not disclose any confidential information regarding property, government, or affairs of the city 3. Representing private interests before city agencies: May not represent private interests in any action or proceeding against the interests of the city More on Conflicts of Interest 4. Contracts with the city: Must disclose a substantial or controlling financial interest in any business entity, transaction, or contract with the city as well as the sale of real estate, materials, supplies, or services to the city Must abstain from voting or participating in transaction on behalf of city or board Also must disclose to the state (Form 4A) 5. Disclosure of interest in litigation: Anyone who has a personal or financial interest in legislation by the City must disclose it on the record of CC if they participate in discussions with the CC PUBLIC RECORDS PUBLIC RECORDS LAW FS Ch. 119 Definition: A. All docs, papers, letters, maps, books, tapes, photos, films, recordings or other material, regardless of physical form or characteristics B. Which was made or received C. pursuant to law or ordinance -or - in connection with the transaction of official business by any agency* D. Includes notes taken during meeting (*FS defines agency to include all advisory boards created by the City) SUNSHINE LAW SUNSHINE LAWS FL Constitution Art II §8 and FS Ch. 286 • Applies to all elected or appointed members of boards of agencies • A meeting of two or more members of the same board must be "in the sunshine" ■ CAN'T HAVE OUTSIDE DISCUSSION ON BOARD MATTERS More on Sunshine Law • Is it a meeting? • ONLY if there is "foreseeable action" which may be taken by the board (decision making committees) • Does NOT apply to social gatherings where issues that may come before the board are not discussed ® If a 'meeting", then the board must give reasonable public notice of the meeting ■ Post the time and place of meeting • Should give at least 24 hours notice unless emergency session or as otherwise provided by law • If a "meeting" minutes must be taken to record the meeting EX PARTS COMMUNICATIONS FS §286.0115 ■ Presumed to be prejudicial (harmful) • Any board member which discusses merits of any matter on which the board may take action must remove the presumption of prejudice . How to remove presumption: . Disclose on the record who the communication took place with and the subject of the communication More on Ex Parte's . Written communications: . If relates to pending action is NOT presumed to be prejudicial but MUST be made a part of the record of the proceeding before vote taken Investigations/Site Visits: . Are not presumed prejudicial (also applies to expert opinions) but MUST be made part of the record before vote taken ■ Public Comment: . Must allow those with contrary opinion to express them . May limit to designated, reasonable and relevant, nonredundant . Quasi judicial — can't limit as much as quasi legislative Board Decisionmaking • Staff recommendations are based on criteria written in code = law Board decisions must be based on law in code OR STATUTE . Your authority is vested in code . Must follow code or not legal • Can't use outside interests/fairness — must use criteria as laid out as justification for rulings Rulings must be able to stand up on appeal . Formal hearings: Due process (notice and opportunity to be heard) quasi legislative or quasi judicial Quasi Judicial v. Legislative ■ JUDICIAL: • if evidence must be considered for board to make decision, then must be quasi judicial hearing • If applies only to specific parties/parcels . Decisions must be made on the record from relevant substantial competent evidence based on applicable codes/law Quasi Judicial Requirements 1) Notice 2) Opportunity to be heard • Must allow each side to present evidence and testimony (be careful when limiting time) • Must allow cross exam of witnesses 3) Unbiased decision maker (no conflicts, ex pane communications or site visits) 4) Fair hearing conducted Quasi Judicial Requirements 5) Record made (minutes) sworn testimony under oath record must provide basis for decision for appeal — decision made based on substantial competent evidence 6) Issue development order or denial of development order from which to appeal - must have standing to appeal Quasi Legislative ® Matters that formulate policy • Legislative public hearing • Not as formal • May limit public speakers time . Only require due process (notice and opportunity to be heard) . Government action upheld with legit public purpose (health/safety/welfare) Quasi Legislative No requirement to allow cross exam of witnesses W U O U) O ry U C6 O AE 0