MINUTES AUGUST 6, 2024 6:00 P.M.  JOINT APPEARANCE REVIEW BOARD/PLANNING AND ZONING BOARDI  TOWN COMMISSION WORK SESSION  CALL TO ORDER:  This meeting was held in-person and livestreamed as a Zoom webinar. Mayor Taylor called the Town Commission Work Session to order August 6, 2024, at 6:00 p.m. at the  Town Meeting Hall. ROLL CALL:  COMMISSIONERS PRESENT: Commissioner McMullen  Commissioner Polland Commissioner Ramos Vice Mayor Satterfield Mayor Taylor  COMMISSIONERS ABSENT: None  PLANNING AND ZONING BOARD MEMBERS PRESENT:  Chair Zac Brown Vice Chair Michael Knapik Nancy Ross Matt Sutton Jay Russell Kris Keller Michael Elliott  P&Z BOARD MEMBERS ABSENT:  APPEARANCE REVIEW BOARD MEMBERS PRESENT:  Chair Tom Reynolds (via Zoom) Tamera Christensen April Grimes Meredith Rhein John E. Gill III Vice Chair Lisa Jenkins  ARB MEMBERS ABSENT:  Town Commission Work Session August 6, 2024-1 Page 1    PRESENTATION  Ethics Training - Attorney Wade Vose, Vose Law Firm  Town Attorney Wade Vose provided a PowerPoint presentation titled "Sunshine Law, Public Records, Voting Conflicts, & Quasi-Judicial Hearing Training for Local Government Board Members." Please see attached presentation for additional details. 1. Government of the Sunshine Law (Open Meetings Law)  Highlights of the presentation were as follows:  Key Points  Ensures transparency in government meetings. Requires meetings to be open to the public.  Mandates that reasonable notice of such meetings be given. The Sunshine Law is designed to ensure that the public has access to the decision-making processes of government bodies. This includes requiring that meetings be open to the public and that reasonable notice of such meetings be provided. The law aims to promote transparency and accountability in  Explanation  government. 2. Public Records Law Key Points  Ensures public access to records.  Applies to all records made or received by public agencies. - Requires that records be available for inspection and copying. The Public Records Law is intended to ensure that the public has access to records made or received by public agencies in the course of their official business. This includes the right to inspect and copy such records. The law promotes transparency and accountability by allowing the public to access  Explanation  information about the activities of government bodies.  3. Voting Conflicts Law Key Points  Addresses conflicts of interest in voting. Applies to public officials.  Requires disclosure of personal or financial interests.  Explanation  The Voting Conflicts Law is designed to prevent conflicts of interest by requiring public officials to disclose any personal or financial interests they may have in matters on which they are voting. This ensures that decisions are made in the  public interest rather than for personal gain.  Town Commission Work Session August 6, 2024 - Page 2    4. Quasi-Judicial Hearings Key Points  Involves decision-making based on evidence and testimony.  Common in zoning and land use matters. Requires adherence to procedural rules.  Explanation  Quasi-judicial hearings are formal proceedings where governmental bodies make decisions on specific issues, such as zoning or land use, based on evidence and testimony presented. These hearings require adherence to procedural rules to  ensure fairness and due process.  5. Sunshine Law Key Points  The Sunshine Law applies to any meeting where official acts are taken or Punishments for violations are the same for both elected and appointed  public business is transacted or discussed. Ita applies to both elected and appointed boards.  boards. Explanation  The Sunshine Law ensures transparency in governmental. proceedings by requiring that meetings where official acts are taken, or public business is discussed are open and noticed to the public. This applies equally to both elected and appointed boards, and violations can result in serious consequences. The city attorney mentioned that they serve as city attorney for cities all over the state of Florida and hear all sorts of wild things all the time. 1. Some places incorrectly believe that the Sunshine Law does not apply to 2. The attorney clarified that the Sunshine Law applies equally to elected and  City Attorney's Experience  appointed boards. appointed boards.  2. Town Commission Portfolio  The portfolio of the Town Commission encompasses basically everything, 1. The broad view on the Sunshine Law should be taken when it comes to 2. Anything relating to the town of Oakland, its government, or its business  including policy decisions for the town. the Town Commission.  should be considered under the Sunshine Law.  6. Definition of a Meeting Key Points  A meeting can be formal or informal.  Itincludes discussions that may foreseeably come before the board. Town Commission Work Session August 6, 2024 Page 3    Members of different boards can discuss matters unless it is a quasi-  judicial matter. Explanation  Am meeting is defined as any gathering where two or more members ofi the same board discuss matters that may foreseeably come before that board. This includes both formal and informal gatherings. Members of different boards can Example: Members of the same board chatting on the way out about matters 1. Such discussions are considered bad meetings as they do not satisfy the 2. Members should avoid discussing town business outside of noticed public  discuss matters unless it is a quasi-judicial matter. that may foreseeably come before that board.  Parking Lot Deliberations  Sunshine Law requirements.  meetings.  7. Good Meetings VS. Bad Meetings  Key Points  Good meetings are open to the public, provide reasonable notice, and Bad meetings include telephone calls, text messages, emails, and informal discussions about matters that may foreseeably come before the  have minutes taken.  board. Explanation  Good meetings are those that comply with the Sunshine Law by being open to the public, providing reasonable notice, and having minutes taken. Bad meetings, on the other hand, include any form of communication about board matters that do not meet these requirements, such as telephone calls, text messages, emails,  and informal discussions. Text Messages  Example: Text messages between members of the same board about a  matter that may foreseeably come before that board.  1. Such text messages are considered bad meetings as they do not satisfy 2. Members should avoid discussing board matters via text messages. Example: Emails or written correspondence back and forth between 1. Such emails are considered bad meetings as they do not satisfy the 2. Members should avoid discussing board matters via emails.  the Sunshine Law requirements.  3. Emails  members of the same board.  Sunshine Law requirements.  8. Sunshine Law Requirements  Key Points  Town Commission Work Session August 6, 2024 - Page 4    Meetings must be open to the public.  Reasonable notice of such meetings must be given.  Minutes of the meetings must be taken, promptly recorded, and open to  public inspection.  Explanation  The Sunshine Law requires that meetings of public boards or commissions must be open to the public, reasonable notice of such meetings must be given, and minutes of the meetings must be taken, promptly recorded, and open to public inspection. The term reasonable' is a flexible term that can shift based on the  circumstances. Key Points  9. Reasonable Notice for Meetings  Emergency meetings can be called with short notice, such as one day, for Non-emergency meetings require longer notice to comply with statutory  urgent matters like a hurricane.  requirements. Explanation  Reasonable notice varies depending on the urgency of the situation. For emergencies, a day's notice is acceptable, but for non-emergency matters, Itis is perfectly acceptable when a meeting is called with one day's notice to 1. The short notice is justified due to the urgent nature of the situation. 2. This allows for timely actions and potential FEMA reimbursement.  longer notice is required to meet legal standards. Emergency Declaration for a Hurricane  declare an emergency due to an approaching hurricane.  10. Sunshine Law Key Points  Applies to elected and appointed boards, including advisory boards. Exemptions are rare and require a two-thirds vote by the Florida No exemption for not wanting to discuss matters in public.  Legislature. Explanation to obtain.  The Sunshine Law ensures that meetings are open to the public and transparent. Ita applies to all types of boards and has very few exemptions, which are difficult  Litigation Strategy Meetings  Meetings to discuss litigation strategy or settlement negotiations. 1. These meetings are exempt but only under specific circumstances. 2. Transcripts of these meetings become public once the litigation is  resolved.  Town Commission Work Session August 6, 2024 Page 5    11. Communication Restrictions Under Sunshine Law  Key Points  Board members can discuss board business with staff or non-board Using individuals as liaisons between board members is prohibited. Board members are considered public officials and have limited First  members.  Amendment rights in this context.  Explanation  Board members must avoid using intermediaries to communicate with each other about board business. They can discuss matters with staff or the public but must not use these discussions to relay information between board members. Example: A public member tries to relay information between two board 1. Board members should interrupt and stop such conversations 2. They should avoid any situation where they might be seen as using a  Public Member Acting as Liaison  members.  immediately.  liaison to communicate with other board members.  12. Social Media and Sunshine Law  Key Points  Board members should avoid discussing board matters on social media. Posting on the same thread as another board member about board  business is prohibited.  Explanation  Board members should be cautious about their social media activity. They should not engage in discussions about board matters on the same thread as other Example: Two board members post opposing views on the same Facebook 1. This constitutes a conversation outside of a public meeting and violates 2. Board members should refrain from such interactions to stay compliant.  board members to avoid violating the Sunshine Law.  Facebook Post Discussion thread about a board matter. the Sunshine Law.  13. Public Meeting Requirements  Key Points  Meetings must be open to the public and held in accessible locations. Non-disruptive videotaping, tape recording, or photography must be  allowed. Explanation  Public meetings should be held in locations that are accessible and do not  Town Commission Work Session August 6, 2024-1 Page 6    restrict public access. Non-disruptive recording of the meetings must be  permitted to ensure transparency. Meeting in a Restaurant compelled to order a meal.  Example: A public meeting is held in a restaurant where attendees might feel 1. Such settings are generally discouraged as they might restrict public 2. Meetings should be held in neutral, accessible locations.  access.  14. Public Comment Rights Key Points  Members of the public must be given a reasonable opportunity to be Boards can set rules for orderly conduct and time limits for public  heard. comments. Explanation  The public has the right to comment on matters before a board or commission. Boards can establish rules to ensure orderly conduct and manage the time Example: A board holds a workshop session without public comment,  allocated for public comments. Public Comment During Workshops planning to allow comments in later hearings.  1. This is acceptable as long as the public is given a reasonable opportunity 2. Workshops can be used for board members to discuss matters without  to comment during the decision-making process.  immediate public input.  15. Penalties for Violating Sunshine Law  Key Points  Knowingly violating the Sunshine Law is a second-degree misdemeanor. Unintentional violations can result in civil penalties up to $500. Decisions made in violation of the Sunshine Law can be voided.  Explanation  Violating the Sunshine Law can lead to criminal and civil penalties for individuals and can invalidate decisions made by the board. It is crucial to comply with the Example: Al board makes a decision in a manner that violates the Sunshine 1. The decision can be rendered void from the beginning, nulifying any  law to avoid these consequences. Invalidated Decision  Law.  actions taken.  Town Commission Work Session August 6, 2024. - Page 7    2. This serves as a deterrent against attempting to bypass the Sunshine  Law.  16. Public Records Law Key Points  Applies to state and local governments and private entities acting on their  behalf.  Originates from the Florida Constitution.  Exceptions are established by the Constitution or by law. The Public Records Law ensures transparency by providing access to government records. It applies broadly to various entities and has specific  Explanation  exceptions defined by law. Email Records  Emails related to town business received by board members.  1. Only emails related to town business are considered public records. 2. Personal emails are not affected, but emails about town business must be  accessible.  17. Public Records Act Key Points  All materials related to official business are public records. Materials are open for public inspection unless exempted by the There is no embarrassing exemption' to the Public Records Act. The Public Records Act requires that all materials, regardless of their final form, are open for public inspection unless specifically exempted by the legislature. This includes emails and other communications related to official business. Emails received by town officials that relate to official business are 1. Emails received by town officials are public records.  legislature. Explanation  Emails related to official business considered public records.  2. These emails must be preserved and made available for inspection and  copying.  18. Definition of Agency Key Points  The town is considered an agency. also considered an agency.  Each town official, commissioner, board member, and staff member is  Explanation  Under Chapter 119, the definition of an agency is broad and includes not only the  Town Commission Work Session August 6, 2024 - Page 8    town itself but also each individual town official, commissioner, board member, and staff member. This means that any records they receive related to official When town officials receive emails related to official business, those emails  business are public records. Town officials receiving emails are considered public records.  1. Emails received by town officials are public records.  2. These emails must be preserved and made available for inspection and  copying.  19. Exemptions to the Public Records Act  Key Points  Law enforcement officers' personal information.  Social security numbers. Bank account numbers. Protected health information.  Active criminal investigative and intelligence information. Security systems information and plans, including cybersecurity  information. Explanation  The Public Records Act includes exemptions for certain types of information, such as personal information of law enforcement officers, social security numbers, bank account numbers, protected health information, active criminal investigative and intelligence information, and security systems information and Information such as law enforcement officers' personal information, social security numbers, and bank account numbers are exempt from disclosure. 1. Certain types of information are exempt from disclosure under the Public 2. These exemptions include personal information of law enforcement officers, social security numbers, bank account numbers, protected health information, active criminal investigative and intelligence information, and  plans, including cybersecurity information.  Exempt information  Records Act.  security systems information and plans.  20. Handling Public Records Key Points  Emails related to official business are public records.  These emails must be preserved and made available for inspection and Volunteers on boards may need to forward emails to a central location for  copying. retention.  Town Commission Work Session August 6, 2024 Page 9    Explanation  Emails and other communications related to official business are considered public records and must be preserved and made available for inspection and copying. This can be cumbersome for volunteers on boards, sO they may need to  forward emails to a central location for retention. Forwarding emails for retention  Volunteers on boards who receive emails related to official business may need to forward them to a central location for retention. 1. Emails related to official business are public records.  2. Volunteers on boards may need to forward these emails to a central location for retention to ensure they are preserved and made available for  inspection and copying.  21. Handling Emails Related to Board Matters  Key Points  Forward emails related to board matters to the town clerk. Emails from the town are already retained and do not need to be Avoid making personal comments in forwarded emails as they become  forwarded. public records. Explanation  The town clerk is responsible for retaining public records. Forwarding emails to the clerk ensures they are stored in the town's computer systems. Personal comments in emails can become public records and should be avoided.  22. Public Records on Social Media  Key Points  Public records must be retained for inspection and copying. Posting official business on personal social media can create retention Town's official Facebook page is set up to retain posts, but individual  issues.  board members' posts are problematic.  Explanation  Posting about official business on personal social media accounts can lead to difficulties in retaining and retrieving those records. The town's official page is managed to comply with retention requirements, but individual posts are not.  23. Brief Notes to Yourself Key Points Explanation  Brief notes for personal use to jog memory are not public records. Detailed notes on official matters can become public records.  The. Attorney General's Office has stated that brief notes meant for personal use  Town Commission Work Session August 6, 2024- Page 10    do not meet the criteria for public records. However, detailed notes on official Example: A commissioner wrote detailed notes about each respondent to an  matters can be requested and inspected as public records.  Commissioner's Detailed Notes  RFP.  1. Detailed notes can be requested as public records. 2. Avoid writing derogatory comments as they can be made public.  24. Sunshine Law and Note Passing  Key Points Law. Explanation avoid issues.  Passing notes during meetings can be problematic under the Sunshine Allo communications during meetings should be transparent.  Passing notes during meetings, even if innocuous, can appear suspicious and lead to public records requests. All communications should be transparent to Example: A council member passed a note during a contentious meeting, 1. The note was inspected and found to contain a threatening message. 2. The incident highlighted the importance of transparency and avoiding  Contentious Land Use Issue which was requested by a local blogger.  written communications during meetings.  25. Public Records Requests Key Points  Records custodian handles public records requests.  Requests must be fulfilled within a reasonable time and under reasonable There are legal repercussions for failing to comply with public records  conditions. requests. Explanation  The records custodian is responsible for managing public records requests. Requests must be handled promptly and transparently to avoid legal issues. There are penalties for knowingly violating the Public Records Act.  26. Voting Conflicts Key Points  Voting conflicts apply to public officers, including those on advisory Officers cannot vote on measures that would result in their special private  bodies. gain or loss.  Town Commission Work Session August 6, 2024. Page 11    Conflicts also apply to measures affecting relatives, business associates,  orp principals. Explanation  Voting conflicts arise when a public officer's vote could result in personal gain or loss. The law also covers conflicts involving relatives, business associates, and principals. Officers must be aware of these conflicts and recuse themselves  when necessary. Key Points Father Mother Son Daughter Husband Wife Brother Sister Father-in-law Mother-in-law Son-in-law Daughter-in-law Explanation  27. Definition of Relative for Voting Conflicts  The definition of a relative for voting conflicts does not include uncles, aunts, cousins, brothers-in-law, or sisters-in-law. This narrow definition can lead to situations where individuals are allowed to vote on matters involving these Example: In the small town of Pearson, Volusia County, the residents were very familiar with the narrow definition of relatives in voting conflict laws. 1. Residents would often point out that cousins are not included in the 2. This was significant because many residents were first or second cousins and excluding them from the definition prevented conflicts.  excluded relatives. Town of Pearson Example  statute.  28. Definition of Business Associate  Key Points Explanation  Engaging in a common commercial or entrepreneural pursuit Having a current, ongoing business relationship  The business relationship does not need to be related to the matter at hand. If you are in a business relationship with someone, you may have a voting conflict.  County Commissioner Example  Town Commission Work Session August 6, 2024 Page 12    Example: A county commissioner in a different part of the state forgot about 1. The commissioner was involved in a rezoning decision. 2. The rezoning passed unanimously, but the issue was the conflict of interest due to the business relationship. 3. The commissioner had to abstain from voting due to the conflict.  ajoint ownership of land in South Florida.  29. Business Relationships and Interactions  Key Points  Business relationships can exempt you from certain interactions. There are specific things you are allowed or not allowed to do ina  business relationship.  Explanation  The discussion revolves around the specific interactions and exemptions that come with business relationships. It highlights the importance of understanding what actions are permissible and which are not within the context of these Example: In a given scenario, a person forgot that another individual was a 1. The scenario was not hypothetical but a real situation.  relationships.  Hypothetical Scenario of Ownership  co-owner of a property.  2. The person did not forget their own ownership but forgot about the CO-  ownership with another person.  30. Special Private Gain or Loss  Key Points  Special private gain or loss refers to economic, financial, or monetary Itincludes the increase in the value of land or other economic benefits or The benefit or harm must inure to the officer, their relative, business  benefits or harms. harms.  associate, or principal.  Explanation  The term 'special private gain or loss' is used to describe situations where an economic benefit or harm specifically affects an officer, their relative, business associate, or principal. This is distinct from general impacts that affect all members of a community or board equally. The focus is on identifying whether  the gain or loss is unique to the individual in question.  31. Considerations for Voting Conflicts  Key Points  Size of the affected class  Relative benefit or harm compared to other members of the affected class  Town Commission Work Session August 6, 2024- Page 13    Whether the gain or loss is remote or speculative Whether the matter is merely procedural or preliminary  Explanation  To determine if there is a voting conflict, one must consider the size ofi the affected class, the relative benefit or harm, the remoteness or speculative nature of the gain or loss, and whether the matter is procedural or preliminary.  32. Special Gain Key Points  Depends on the size of the class  Smaller class increases the chance of special gain Gain to one person or a small group may indicate a problem Special gain is more likely if the affected class is small. If the gain is to one person or a small group, it may be considered a special gain.  Explanation  33. Remote or Speculative Gain  Key Points Explanation  Depends on individual facts of each case  Absolute certainty of economic benefit VS. hypothetical scenarios A gain is considered remote or speculative ifi it depends on multiple contingencies or hypothetical scenarios. The more remote and speculative, the  less likely it is to be considered a conflict. 34. Preliminary or Procedural Matters  Key Points Explanation  Voting on minutes or agendas is usually procedural Voting conflict laws do not apply to procedural matters  Matters such as approving minutes or agendas are considered procedural and  are not subject to voting conflict laws. 35. Requirements for Disclosing Voting Conflicts  Key Points  Abstain from voting Disclose conflict orally before the vote File Form 8B within 15 days  Explanation  When a voting conflict is identified, the officer must abstain from voting, disclose the conflict orally before the vote, and file Form 8B within 15 days.  36. Appointed VS. Elected Officers  Key Points  Town Commission Work Session August 6, 2024- Page 14    Appointed officers must disclose conflict before discussing the matter Elected officers do not have to disclose before discussing  Explanation  Appointed officers must disclose a conflict before discussing the matter, while  elected officers do not have this requirement.  37. Practical Advice for Voting Conflicts  Key Points Explanation these situations. Key Points Explanation law.  Avoid discussing matters where there is a substantial conflict  Exercise cautious judgment  Itis advisable to avoid discussing matters where there is a substantial conflict, such as a close relative benefiting significantly. Exercise cautious judgment in  38. Exceptions to Voting Conflicts  Ifthe principal by whom you're retained is a public entity  Ifthe measure affects your expenses or compensation as provided by law Voting conflicts do not apply if the principal by whom you're retained is a public entity or if the measure affects your expenses or compensation as provided by Example: A city commissioner employed by the school board can vote on 1. The statute allows voting because the principal is a public entity.  City Commissioner Employed by School Board matters benefiting the school board.  39. Mandatory Voting Requirement  Key Points Explanation  Members must vote when present at a meeting Prohibits abstaining except for conflicts of interest  Members of collegial bodies are required to vote when present at a meeting and  cannot abstain unless there is a conflict of interest.  40. Possible Conflict of Interest  Key Points Explanation  Allows abstaining when there appears to be a conflict Not an escape hatch for difficult decisions  Members can abstain from voting if there appears to be a conflict of interest, but  this should not be used to avoid difficult decisions.  Town Commission Work Session August 6, 2024-1 Page 15    First Cousin Rezoning significantly.  Example: A member's first cousin is getting a rezoning that will benefit them 1. The member can abstain from voting because it appears to be a conflict of  interest.  41. Abstaining from Voting in Judicial Proceedings  Key Points Explanation  Members should abstain only in extreme circumstances. Abstaining can signal bias or prejudice to the public.  Members should avoid abstaining from voting unless absolutely necessary to Example: A mayor, who was a strong Christian, abstained from voting on a zoning matter for an adult entertainment establishment due to her personal 1. The mayor understood the legal requirements but felt too biased to vote.  maintain fairness and avoid the appearance of bias. Mayor Abstaining Due to Religious Beliefs  biases.  2. She abstained to ensure a fair proceeding.  42. Quasi-Judicial Hearings Key Points  Boards act like judges in these hearings. Decisions must be based on competent, substantial evidence. Public opinion cannot be the basis for decisions.  Explanation  Inq quasi-judicial hearings, board members must base their decisions on factual evidence and existing laws, not on public opinion or personal feelings. Example: A hypothetical situation where a board must approve a chicken farm if it meets all legal requirements, despite public opposition. 1. The board must approve the project if it meets all legal criteria. 2. Denying the project based on public opinion could lead to legal action from  Chicken Farm Approval  the property owner.  43. Legislative vs. Quasi-Judicial Decisions  Key Points Explanation  Legislative decisions set general policies.  Quasi-judicial decisions apply existing policies to specific cases.  Legislative decisions involve creating new policies, while quasi-judicial decisions  involve applying existing policies to specific situations.  Town Commission Work Session August 6, 2024 - Page 16    Comprehensive Plan Amendments  Amendments to the comprenensive plan affect the entire town or large  segments ofi it.  1. These amendments are considered legislative because they set general  policies.  44. Due Process in Quasi-Judicial Hearings  Key Points Explanation  Applicants must be afforded due process.  Decisions must be based on competent, substantial evidence. Due process ensures that applicants are treated fairly and that decisions are Board members must disclose any communications they have had regarding 1. This disclosure helps ensure transparency and fairness in the decision-  made based on factual evidence and existing laws. Disclosure of Ex-Parte Communications the matter before the hearing. making process.  45. Handling Public Opinion in Quasi-Judicial Hearings  Key Points Explanation  Public opinion cannot be the basis for decisions.  Decisions must be based on factual evidence and existing laws.  Board members must listen to public opinion but base their decisions on factual evidence and existing laws to ensure fairness and avoid legal challenges. A: situation where the public opposes a project, but the board must approve it 1. The board must approve the project if it meets all legal criteria, despite  Public Opposition to a Project ifitr meets all legal requirements.  public opposition.  46. Quasi-Judicial Matters and Communication  Key Points  Members of different boards can discuss different matters without violating Avoid making categorical pronouncements about a project before the Pre-judging a hearing can lead to perceptions of unfairness and due Publicly stating a position on a quasi-judicial matter can create a record  Sunshine Law. hearing. process violations.  that may be used in legal challenges.  Town Commission Work Session August 6, 2024- Page 17    Explanation  Inc quasi-judicial matters, it is crucial to avoid making definitive statements about ap project before the hearing to ensure fairness and avoid legal challenges. Members should refrain from publicly stating their positions to prevent creating a Example: A planning board member tells the mayor they support a chicken 1. The board member's statement could be used in court to argue that the 2. This could lead to the decision being reversed, even ift the board member  record that could be used against them in court.  Chicken Farm Discussion farm project before the hearing.  hearing was prejudged. genuinely supports the project.  4. Judge's Pre-Hearing Statement  Example: A judge is overheard saying they will rule against a party before  the hearing.  1. This creates a perception of bias and unfairness.  2. Itu undermines the due process and could lead to the decision being  overturned.  47. Communication with Potential Applicants  Key Points  General discussions about development ideas are permissible before an Specific proposals should be approached with caution, especially if the Board members should be mindful of the implications of their statements  application is submitted.  individual is likely to become an applicant.  on future decisions.  Explanation  Board members can discuss general development ideas with individuals who have not yet submitted an application. However, they should be cautious when discussing specific proposals to avoid creating a perception of bias or pre- Example: A person inquires about the board's general feelings on chicken  judgment.  Potential Chicken Farm Developer farms before submitting an application.  1. Board members can share their general opinions.  2. Ifthe person later becomes an applicant, the prior discussion is less likely  to be problematic.  48. Zoning Changes and Future Land Use  Key Points  Town Commission Work Session August 6, 2024 - Page 18    Zoning changes and future land use designations have different Future land use designations are legislative decisions, while zoning Zoning changes should not be based solely on the applicant's current PUDs (Planned Unit Developments) allow for more specific agreements  standards.  changes are quasi-judicial.  plans.  between developers and the government.  Explanation  When considering zoning changes, board members should evaluate the potential uses allowed in the zoning district, not just the applicant's current plans. PUDs provide a way to create specific agreements that outline permitted uses, offering A developer requests a zoning change to build a specific project, but later 1. Straight zoning changes allow for any use permitted in the zoning district, which can lead to different developments than initially proposed. 2. PUDs create binding agreements that specify permitted uses, providing  more control over future developments. Straight Zoning Change VS. PUD changes plans due to economic conditions.  more certainty and control.  ADJOURNMENT:  The work session was adjourned at 8:13 p.m.  TOWN OF OAKLAND  ATTEST: Elise h Hui, Town  B  Clerk  Town Commission Work Session August 6, 2024-1 Page 19    Sunshine Law, Public Records, Voting  Conflicts, & Quasi-Judicial Hearing Training  for Local Government Board Members  Presented by:  Wade C. Vose, Esq.  Managing Partner, Vose Law Firm LLP  0  August 6, 2024  GOVERNMENTLAW CIY,COUNTY& LOCAL  / ATTORNEVS OSE LAW & COUNSELO FIF    Presentation Overview  Today, we'll be covering:  Government in the Sunshine (Open  Meetings) Law  Public Records Law  Voting Conflicts  Quasi-Judicial Hearings    Government in the Sunshine  (Open Meetings) Law    Scope of the Sunshine Law  Provides right ofaccess to governmental proceedings  Applies to both elected and appointed boards  General Rule - All meetings of collegial bodies at which official acts are taken or public business is transacted or discussed shall be open and noticed to  the public    Scope of the Sunshine Law  Sunshine Law applies to:  Any meeting  Between two or more members of the same board When discussing matters that may foreseeably come  before that board  "Meeting" includes:  Town Commission/Board meetings and workshops  Telephone calls and text messages  Emails and other written correspondence Informal discussions or deliberations    Scope ofthe Sunshine Law  There are three basic requirements :  (1) Meetings of public boards or commissions must be  open to the public  (2) Reasonable notice of such meetings must be given  (3) Minutes of the meetings must be taken, promptly  recorded and open to public inspection    Scope ofthe Sunshine Law  Advisory boards created pursuant to law or ordinance or otherwise established by public agencies are subject to the Sunshine Law, even  though their recommendations are not binding upo  the agencies that create them.    Scope ofthe Sunshine Law  Only the Legislature can create an exemption to the Sunshine Law (by a 2/3 vote) and allow a board to  close a meeting. Exemptions are narrowly  construed.  There is no "IDon't Want to Talk About This in  Public!!" exemption to the Sunshine Law.  Most common exemptions we deal with are: o Litigation Strategy/Settement Negotiations Meetings  O Collective Bargaining Strategy Meetings    Scope of the Sunshine Law  While a board member is not prohibited from  discussing board business with staff or a nonboard member, these individuals cannot be used as a liaison or conduit to communicate information  between board members.  For example, a board member cannot ask staff to po the other board members to determine their views  on a board issue and report back.    Scope ofthe Sunshine Law  When it comes to the Sunshine Law,  Facebook is not your friend...  Facebook and other social media platforms pose unique challenges for officials subject to the Sunshine Law.  Bottom Line: Two or more members of the same board should avoid commenting on the same social media post, if the post or comments discuss matters that may  foreseeably come before that board.    Meetings  Meetings must be open to public:  Location accessible to the public  Adequate size  May not discriminate against or restrict access to  public  So, meetings subject to the Sunshine Law generally should not be held in private homes, or restaurants where an attendee may feel compelled to order a mea    Meetings  While boards may adopt reasonable rules and  policies to ensure orderly conduct of meetings, the Sunshine Law does not allow boards to ban non-  disruptive videotaping tape recording, or  photography at public meetings.    Meetings - Right to Public Comment  Newer section of Sunshine Law enacted in 2013 - Sec.  286.0114, Fla. Stat.:  Members of the public shall be given a reasonable opportunity to be heard on a proposition before a  board or commission.    Meetings - Right to Public Comment  Newer section of Sunshine Law enacted in 2013 - Sec.  286.0114, Fla. Stat.:  The opportunity to be heard need not occur at the same meeting at which the board or commission takes official action on the proposition if:  C The opportunity occurs at a meeting that is during the  decisionmaking process, and  O 1 is within reasonable proximity in time before the meeting at which the board or commission takes the official action.    Meetings - Right to Public Comment  Newer section of Sunshine Law enacted in 2013 - Sec.  286.0114, Fla. Stat.:  This section does not prohibit a board or commission  from maintaining orderly conduct or proper  decorum in a public meeting.    Meetings - Right to Public Comment  Rules or policies of a board or commission which govern the opportunity to be heard are limited to those that:  Provide time limits for individuals to address the board. Prescribe procedures for allowing representatives of groups or factions to address the board, rather than all members of such groups, at meetings in which a large  number of findividuals wish to be heard.  Prescribe procedures or forms for an individual to use to  inform the board of a desire to be heard.  Designate a specified period of time for public comment.    Penalties  Any member ofa board or commission or of any state agency or authority of - a county, municipal  corporation, or political subdivision who knowingly violates the Sunshine Lawis guilty of a misdemeand  of fthe second degree.  An unintentional violation may be prosecuted as a noncriminal infraction resulting in a civil penalty u  to $500.    Penalties  The Sunshine Law provides that no resolution, rule, regulation or formal action shall be considered  binding except as taken or made at an open meeting.    Penalties  Recognizing that the Sunshine Law should be  construed SO as to frustrate all evasive devices, the courts have held that action taken in violation ofthe  law was void ab initio.    Presentation Overview  Today, we'll be covering:  Government in the Sunshine (Open Meetings) Law  Public Records Law  Voting Conflicts  Quasi-Judicial Hearings    Public Records Law    Scope of the Public Records Act  Florida's Public Records Act provides a right of access to records of state andlocal governments as well as to  private entities acting on their behalf.  Aright of access is also recognized in Article I, section 24 ofthe Florida Constitution, which applies to virtually  all state and governmental entities including the legislative, executive, andjudicial branches of  government. The only exceptions are those established  by law or by the Constitution.    Scope of the Public Records Act  Section 119.011(12), Florida Statutes, defines  'public records" to include:  all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical forr characteristics, or means of transmission, made or receive pursuant to law or ordinance or in connection with the  transaction of official business by any agency.    Scope ofthe Public Records Act  The Florida Supreme Court has interpreted this definition to encompass all materials  made or received by an agency in connection  with official business which are used to  perpetuate, communicate or formalize  knowledge.    Scope of the Public Records Act  All such materials, regardless ofwhether they are in final form, are open for public cinspection unless the Legislature has exempted them  from disclosure.  There is no "This is Really Embarrassing" exemption from the Public Records Act.    Some Common Exemptions in Sec. 119.071  LEO and certain other Employee Addresses,  Telephone Numbers, DOB Social Security Numbers Bank Account Numbers  Protected Health Information  Active Criminal Investigative & Intelligence Info  Security systems information and plans  Bid responses (for a limited time)    Electronic Records  Email messages made or received by public officers or employees in connection with official business are  public records and subject to disclosure in the absence  ofas statutory exemption.  The. Attorney General has advised that materials placed on an agency's Facebook page presumably  would be in connection with official business and thus  subject to Chapter 119, Florida Statutes.    What is NOT a Public Record?  Brief Notes to Yourself  Brief notes designed for personal use (tojogmemory) & not  shared (i.e., kept personal)  ) ( Comes down to whether you are communicating, perpetuating,  or formalizing knowledge.    Providing Public Records  Section 119.07(1)(a), Florida Statutes, provides that lelvery person who has custody of a public record shall permit the record to be inspected and copied by any person desiring to do SO, at any reasonable time, under reasonable conditions, and under supervision by the custodian of public records or the custodian's  designee. 99    Penalties  Ap person who has been denied the right to inspect and/or copy public records under the Public Records Act may bring a civil action against the  agency to enforce the terms of Ch. 119.    Penalties  In addition tojudicial remedies, Section  119.10(1)(b), Florida Statutes, provides that a public officer who knowingly violates the provisions of section 119.07(1), Florida Statutes, is subject to suspension and removal or impeachment and is guilty of a misdemeanor of the first degree,  punishable by possible criminal penalties of one  year in prison, or $1,000 fine, or both.    Presentation Overview  Today, we'll be covering:  - Government in the Sunshine (Open Meetings) Law  Public Records Law  Voting Conflicts  Quasi-Judicial Hearings    Voting Conflicts    Voting Conflicts  Voting Conflicts Law codified in Section 112.3143    To Whom Does This Apply?  "Public Officers, 99 that is, persons elected or  appointed to hold office in an agency, including  persons serving on an advisory body  Ifyou are a member of a collegial body, it applies to  you.    What is a Voting Conflict?  Local elected or appointed officers may not vote on:  Any measure which would inure to his or her  special private gain or loss, or  Any measure which a public officer knows would inure to the special private gain or loss of:  O Ap principal by whom he/she is retained  O Aj parent organization or subsidiary of a corporate principal  by whom the officer is retained  O AI relative  O A business associate    Who ) is a Principal?"  An employer  Ac client of a legal, accounting, insurance, or other  professional practice  Acorporation for which officer serves as a  compensated director    Who ) is a "Relative?"  Father, mother, son, daughter, husband, wife,  brother, sister, father-in-law, mother-in-law, son-in-  law, or daughter-in-law  Note: This definition is different than the similar  definitions of 6 relative' 77 in the anti-nepotism and gift  laws    What is a Business Associate?"  Aj person or entity who is carrying on a business enterprise with the public officer, regardless ofthe  form of the business  Key Question #1- Are they engaging in a common  commercial or entrepreneurial pursuit?  Key Question #2 - Is this a current, ongoing  business relationship?    "Special Private Gain (or Loss)  The voting conflicts law does not apply to all  situations that might result in gain or loss to the official 1-the gain or loss must be special"  Requires an economic benefit or harm that will inure to the officer, his or her relative, business associate,  or principal  What should be considered?    Special Private Gain or Loss - Consideration:  1. What is the size of the affected class?  2. What is the relative benefit or harm whe  compared to other members of affected  class?  3. Is the gain or loss remote or speculative  4. Is this merely a preliminary or  procedural measure?    Size ofthe Affected Class  "Special" gain will depend on size of class ofpersons who are similarly affected by  measure  Jo class, T chance of "special gain" 99  To class, 1 chance of 66, S special gain"    Remote or Speculative  Is gain or loss SO remote or speculative that the measure cannot be said to inure to officer's gain  or loss?  Will hinge on the facts of each individual case  Impossible Unlikely  Even Chance  Likely Certain  1  1-in-6 Chance  4-in-5 Chance    Preliminary or Procedural  Some measures are simply procedural or preliminary (to later actions that would result in actual gain or loss)  Other measures, while procedural in nature, are substantive in effect and will inure to officer's  gain or loss    IfYou Have a Voting Conflict, What Should You Do!  The officer must:  (1)abstain from voting;  (2) disclose conflict orally prior to the vote; and  (3) file a memorandum (Form 8B) within 15 days.  In addition, appointed local officers must publicly disclose the conflict before participating in  discussion of the matter.    Exceptions  Ifthe principal by whom you are retained" is a  public agency, you may vote.  Ifr measure affects your expenses and compensation  as provided by law, you may vote.    Related Issues - Voting Requirement  Section 286.012 requires members ofa collegial  body to vote when present at a meeting and prohibits abstaining, except when "there is, or appears to be, a  possible conflict ofinterest. / 99  "Ifthe official decision, ruling, or act occurs in the context of a quasi-judicial proceeding, a member may abstain from voting on such matter ifthe  abstention is to assure a fair proceeding free from  potential bias or prejudice. 99    Presentation Overview  Today, we'll be covering:  Government in the Sunshine (Open Meetings) Law  Public Records Law  Voting Conflicts  Quasi-Judicial Hearings    Quasi-Judicial Hearings    Quasi-Judicial Hearings  Under Florida law, there are times when a board acts in a quasi-judicial manner. That is, the board acts similarly to how ajudge might act when hearing a  case.  All matters that come before a board are generally considered either legislative' or 66 quasi-judicial".  The Town Attorney or Town staff may mention that a particular matter is 66 quasi-judicial since different  rules apply as to those matters.    Quasi-Judicial VS. Legislative Matters  Decisions that set general policyrather than implement or apply policy are legislative.  Decisions that apply an adopted policy are quasi-  judicial.    Examples of Quasi-Judicial Matters  Variances  Rezonings  Site Plan approvals  Special Exceptions Conditional Uses  Development Approvals    Examples of Legislative Matters  Amendments to the Comprehensive Plan Amendments to the Code of Ordinances  Amendments to the Land Development Code  Budget matters  Many resolutions  Purchasing decisions  Vacation of rights of way  Donations    Ex Parte Disclosures  Itis a best practice for board members to disclose ex parte communications at quasi-judicial hearings. At the beginning of a hearing, all board members should disclose any contacts or information the member has received prior to the hearing  including emails received, conversations had and site visits, or anything else which might have provided information outside ofthe meeting on the subject. Board members may NOT use information not  disclosed at the hearing to be a basis for, or to effect,  their vote at the hearing.    Overview of Quasi-Judicial Hearings  Quasi-judicial proceedings are less formal than  proceedings before a circuit court but are more formal than some other types of meetings and must follow basic  standards of notice and due process.  Decisions must be made based on competent  substantial evidence.  Only competent, substantial, fact-based testimony or  evidence can be considered by the Board in its deliberation and voting on these items.  You must apply the applicable law (comprehensive plan, LDRs) to the facts and evidence presented in the hearing    What Can Be Considered in a  Quasi-Judjeial Hearing  Pure speculation or mere opinion, not based on competent facts, cannot legally be considered by the  board members in weighing their decision.  Lay testimony with fact-based support may be considered competent and substantial evidence.  IMPORTANT - A quasl-judicial hearing cannot be a  66. popularity contest"  The decision cannot be based on the number of people who are at the meeting (or who sent emails)  who are either for or against a proposal.    If Contemplating Denial, State Reason on Record  Ifthe Board is contemplating a denial of a quasi- judicial matter, the maker of the motion, and others in support of denial, should state their reasons for  denial on the record:  o Competent substantial evidence presented in the hearing  supporting denial.  D Relevant law (comprehensive plan/LDR provisions)  supporting denial.    Sunshine Law, Public Records, Voting  Conflicts, & Quasi-Judicial Hearing Training  for Local Government Board Members  Presented by:  Wade C. Vose, Esq.  Managing Partner, Vose Law Firm LLP  August 6, 2024  CITY,COUNTY& LOCAL GOVERNMENTI LAW  Y I.AW & COUNSELORS FIRM AT