HomeMy WebLinkAbout011414 Boards and Committees PresentationOrientation Session
City Organizational Chart
Overview of Board and Committee System
Public Records Law
"Sunshine Law,"
Ethics and Financial Disclosure
Meeting requirements
Quasi -Judicial Hearings and Ex Parte
Communication
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In order to provide a forum to collect
resident and public input regarding
important City issues, the City Council
established certain citizen volunteer
boards to serve as advisors and make
recommendations
To streamline and coordinate the function
of all City boards and committees, the City
Council adopted Ordinance 17, 20040
Ordinance 17,
code sections
committees
2004 repealed all existing
relating to all boards and
Adopted new uniform procedures for all
boards and committees
Required new appointments effective
October 1, 2004
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In 2005, 2008f 2009, and 2011 revisions to the
Code were made to include:
The role of Council Liaison.
Establish the CBAA — Construction Board of
Adjustment and Appeals.
Amend meeting frequency, attendance policies
and appointment procedures.
Advertising, membership and terms.
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Art in Public Places Advisory Board
Community Aesthetics Board
Parks and Recreation Advisory Board
Planning, Zoning and Appeals Board
Police and Fire Pension Boards
Budget Oversight Committee
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Chapter 119, Florida Statutes
***Very broad definition:
all papers,
letters, maps, books, tapes, photographs,
films, sound recordings, made or received
in connection with the transaction of
official business by any agency.
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All correspondence and e-mail made or
received by a board or committee member
in connection with the business of the
board or committee are public records.
There is no V,unfinished business"
exception to the public records law.
Each board/committee member is assigned their
own city email address. First initial, last name
followed by pbgfl.com. Emails are received
directly in the City Clerk's office and a copy is
provided to all members.
All correspondence and e-mail made or received
by a member in connection with the business of
the board or committee are public records.
CITY POLICY -A copy of all correspondence or e-
mail received directly by a board or committee
member should be forwarded immediately to the
City Clerk.
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If you receive a request for a public record
you should immediately forward that
request to the City Clerk's Office.
Florida's Sunshine Law (Section 286.011)
is founded on a provision of the Florida
Constitution (Art. I, s. 24) approved by the
voters in 1992.
The Sunshine Law applies to both elected
and appointed boards.
Three basic requirements to satisfy:
1. Meetings of public boards
must be open to the public.
2. Reasonable notice of the
meetings must be given.
3. Minutes of the meetings must
be taken.
The Sunshine Law applies to
any gathering, whether formal
or casual, of two or more
members of the same
board to discuss any matter
on which foreseeable action
will be taken by the board.
Public
facility
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meetings cannot be held at any
which discriminates on the basis
or sex, age, race, creed, color, origin, or
economic status or which unreasonably
restricts public access.
The use of the telephones, written
correspondence, and e-mail are subject
to the requirements of the Sunshine
Law.
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Fla. Stat. Chapter 112, the Code of Ethics for
Public Officers and Employees applies to
members of advisory bodies.
Additionally, the City Council established a
conflict of interest policy in Resolution 55, 19955
Palm Beach County Ethics Ordinance
New appointees must complete PBC Ethics Traning
Ethics Training must be retaken every two years
Voting Issues
All members present at a meeting must
vote unless there is, or appears to be, a
conflict of interest under the Code of
Ethics.
Voting Conflict — you may not vote on
any measure which would inure to your
special private gain or loss; or that of
any principal by whom you have been
retained; or that of any relative or
business associate.
Make the oral declaration of a conflict
Abstain
File Form 86 with the City Clerk within 15
days — City Clerk will file same with the
minutes from that meeting and send a
cony to the PBC Gorwriissi-on on Ethics
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Only members of the Planning, Zoning
and Appeals Board and the Pension
Boards must file Financial Disclosure with
the Supervisor of Elections. Forms will be
mailed to your home.
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The board member(s) shall advise the staff liaison if unable
to attend a meeting.
The alternate member is notified that he/she will be sitting
as a regular member.
The staff liaison notifies the City Clerk of an absence so
attendance can be recorded as excused or unexcused.
Absences for the following reasons are considered excused:
Complying with a subpoena
Documented hospitalization
sibling or parent.
.fury duty.
in any court.
of one's self, spouse, child,
Any member who is absent from three consecutive or 25%
of regular)scheduled meetings held during any single fiscal
year shall be automatically removed.
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Automatic removal of a member shall cause a
vacancy to exist in the membership of the
board or committee.
Member appointments are conducted twice
per year, once in April and once in October.
A quorum shall consist of 4 members for
boards and committees with 7 members.
A quorum shall consist of 3 members for
boards and committees with 5 members.
Certain City boards are charged with fact-finding
and decision -making responsibilities that render
their decisions quasi-judicial. Quasi-judicial hearings
involve notice of a public meeting, a meeting open
to the public at which testimony is given and parties
have the right of cross-examination. Thereafter,
based upon the evidence and testimony presented
the board makes findings of fact and renders a
decision based upon the facts adduced at the
hearing. Such decisions constitute official acts of
the City and are appealable in circuit court.
The City Council, the Planning, Zoning and Appeals
Board, and the Pension Boards all conduct quasi-
judicial hearings on certain matters.
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Any communication between a board member
and an applicant, or other interested party,
which takes place outside of a noticed public
meeting, is an ex parte communication. Such
communications are considered pre -judicial
unless properly disclosed.
Before a board takes action on aQuasi-Judicial
matter, all members must disclose any ex parte
communication as part of the record of the
meeting.
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