MINUTES OF THE BOBBY JONES GOLF CLUB ADVISORY BOARD January 26, 2011 at 3:00 P.M. PRESENT: Charles Mericle, Dick Roehr, Francis Schroeder, Millie Small, Doris Snare, George Spector, and Alan Woodle ABSENT: Debby Miedema and Darwin Perry STAFF ADVISORS: Susan J. Martin, Manager, Golf and Recreation Christian Martin, Assistant Manager, BJGC PRESIDING: Alan Woodle, Chairperson CITY COMMISSIONERS: Suzanne Atwell OTHER CITY OFFICIALS: None RECORDING: Linda Needs, Administrative Assistant Meeting was called to order at approximately 3 p.m. in the Bobby Jones Golf Club Conference Room. Roll Call Board member Debby Miedema and Darwin Perry notified Chair Woodie and Manager Sue Martin in advance of their absence today. Board member Spector motioned to approve both absences and the motion was seconded by Board member Schroeder. Motion carried unanimously. New Member Introductions Chair Woodle welcomed our new Board members Dick Roehr and Doris Snare. When asked by Chair Woodle if they would like to address the Board, both members said they were delighted to be here and beyond that wanted to take time just to observe. Manager Sue Martin said both are very active at BJ's and know a lot about the operations. They are both members of our associations plus are volunteers. Board member Roehr was an AFH up until this year and coordinates the volunteer program. Meeting Protocol Review Manager Sue Martin briefly went over the Sunshine Law relating to speaking, attendance, meeting schedule, etc. Election of Officers Manager Sue Martin opened in saying this Board is required to elect a Chair and Vice Chair annually. Also, a Secretary, according to the city ordinance adopted October 18, 2004. Currently, Alan Woodle is Chair and Debby Miedema is Vice-Chair. To abide by the ordinance, Board members must decide what to do with the required Secretary position. Once the Board makes a decision, she will take to City Hall. She pointed out that presently City staff is recording and transcribing the minutes using City computer software. It is very time consuming and may be a challenge to an outside person. Chair Woodle concurred, due to the technology, detail, and expense involved. After discussing, Board member Small motioned to eliminate the secretary position. It was seconded by Board member Mericle. Vote passed unanimously. Manager Sue Martin will find out cost of hiring a recording secretary and report back. 1 It was suggested that over the next few months Board members take a better look at notes and determine if details might be cut back. Verbatim is not required because the audio of each meeting is available on-line. Getting back to the election, Manager Sue Martin questioned who would be chair if Chair Woodie or Vice Chair Miedema were both absent. Chair Woodie said in a rare situation that both may be absent, he could appoint someone. Board member Schroeder moved to keep Board members Woodle as Chair and Miedema as Vice Chair. Board member Small moved to close nominations. Board approved unanimously. Financial Overview Chair asked if anyone was interested in doing the financial reports. It would be an informal position and would not need approval of the City Commission. Manager Sue Martin said a form was pretty much created and someone would just need to plug in the figures each month. She has asked Board member Perry of his interest in the secretarial or financial position and he declined. He would be interested in vice-chair if the position became open. Public Input - Kim Giancardo He has noticed the large white calendar posted outside the office door and asked if the date of the upcoming advisory board meetings could be placed there. Manager Sue Martin said it is a good suggestion. Consider it done. Approval of Minutes from November 17, 2010 Board member Small motioned to approve and Board member Schroeder seconded. Minutes approved unanimously. OneSource Report (J. Bache) Superintendant Bache said winter is the time for all of his special projects. He briefly went over his winter schedule including areas covered and the purchase of new equipment. Board members complimented him on the excellent condition of the courses. Manager's Report (Sue Martin) Manager Sue Martin went over the winter rates, hours and walking policy. Golf Lessons Status She thanked Commissioner Atwell for her help bringing lessons back to BJ's. It has been almost 3 years since BJ offered lessons. On Monday, City Manager Bartolotta officially signed off on the revived program. A notice has been posted on the entrance marquee that lessons will begin on February 1 and to contact Assistant Manager Christian Martin to book them. Lessons will be included in our regular advertising, on our web-site and in an e-mail blast. Jan Thornburg is also going to do a press release. Chair Woodle said perhaps TV will pick up mention of it through the Board report at the City Commission meeting. 2 Assistant Manager Christian Martin will pre-arrange time of lessons starting after 3 p.m. when his "City" shift ends. Though an exempt employee, he is a contract employee when giving lessons. All monies collected go through the POS system. His 80% will show up on his paycheck separately with taxes taken out. The other 20% the Club keeps. If he wants to adjust his normal business hours to accommodate someone outside of his normal lesson schedule, he can ask to do sO 24 hours in advance. Rates are $50 per hour or $35 for % hour lesson. On-course lessons are $75 for 9 holes plus green fee. Assistant Manager Christian Martin added there will be golf schools and 100% of those proceeds go back to BJ. At this point we cannot put a dollar figure on revenue, but staff will be very surprised if we do not bring in $25,000 even $50,000 additional revenue a year not only from lessons and clinics, but sale of merchandise too. Assistant Manager's Report (Christian Martin) Laser Links Status He is in the process of working with a company right now. Most of the companies are actually getting away from crystals as most modern or new lasers do not need them to shoot the flag; you can shoot a tree, you can shoot a bunker, anything you want. He is going to PGA merchandise show in Orlando on Thursday and will see what the latest technology is. December Youth Clinic Recap This was the first attempt to do a youth clinic and it was put together in a matter of a few weeks. There were 11 kids, ages 6-16 enrolled at $55 each. This brought in $605 for the facility. There are already inquiries about a spring break clinic. It was asked where these11 kids came from. Staff believes word of this clinic came through parents, from school teams that play at BJ and our relationship with First Tee and the Junior Golf Association. Tournament Dates We have agreed upon the dates for BJ's major tournaments. When referencing these five (5), we use the term "Tournaments". Outside groups are considered "Outings". Tournament applications will be posted on our web-site approximately 30 days prior. Events coming up are Women's Better Ball Championship - March 26 & 27 Men's Senior Championship = April 9 & 10 Men's City Championship = April 30 & May 1 and May 7 & 8 Tournament Revenue/Expense Report Board member Spector previously requested a breakdown of golf tournaments. Assistant Manager Christian Martin passed out a spreadsheet he put together for review. Financial Report Manager Sue Martin submitted the report for the first three months of the current fiscal year a copy which is attached hereto and made a part of these minutes. 3 Agenda Items Annual Board Report to City Commission (Woodle) Scheduled to be presented at the February 22 meeting, Chair Woodle distributed a draft of his report. This is the format used the last time in November 2009. If the Board wants to change the format or terminology or have any other suggestions, please let Manager Sue Martin know. This is a General Overview. Unfortunately, we had a little bit of a negative last year. The weather and economy attributed greatly to this. Topics included in this report include > Review of rounds played in calendar year 2010 > Review of rounds played in fiscal year 2009-10 > 2010 Summer Special Revenue > Reinstatement of golf lessons and clinics held Recognition of prior Board members Henning and Fink and Paul Michaud, Golf Shop Manager, for their many years of service. > Clubhouse Rebuild > Cell Tower Revenue > Competitive Amenities including budget allocation for windshields and bag covers Golf Cart Windshields (Mericle) Board member Mericle believes in the long run the installation of windshields will make money for the City. "Isn't there some one we can go to willing to help us get in the budget.' Manager Sue Martin said because of the savings from replacing carts every 4 years now instead of 3, she may be able to put windshields in the budget for next year. Chair Woodle said he could put in the Board report to the City Commission as a future allocation. The Board agreed bag covers are a good idea too. New Business Board Member e-mail accounts Representatives from the City's IT Department will be at the March 23 meeting setting up email accounts for every Board member. It has been determined that any email communication by any City board member needs to go through the City' system. Effective April 1, 2011, members will be able to access e-mail from home via their own password supplied by IT. Details will be given at the next meeting. Board 2011 Goals General Manager Sue Martin wants to know if Board members want to set goals for 2011. Chair Woodle said maybe we can ask the Board to think about and talk about at the next meeting. He would also like yardage marking and sprinkler heads put on the next agenda. Maybe these can be two (2) of goals. Public Input = None Board Member Comments > Board member Mericle - Was going to speak about windshields, but addressed above under agenda item 12b 4 Board member Roehr = Nothing at this time, just digesting all this information > Board member Snare She seconds Board member Roehr's comment. Board member Small - 1 think it is good we have some golfers familiar with our course on the Advisory Board now. > Commissioner Atwell welcomed both new members. Commissioners have the great honor of appointing members to advisory boards. She is also excited about the golf lessons being reinstated. When the new commission comes in this April or May, depending on the run-offs, she would like to volunteer to be our liaison with someone else being the alternate. She is getting a better grasp of what we want. > Board member Schroeder - nothing > Board member Spector - nothing > Board member Mericle Certainly appreciates Commissioner Atwell for being here. Next Meeting: March 23, 2011 @ 3 p.m. Meeting adjourned at 4:56 p.m. 5 Financial and A.ctivity Report October 1 through December 31, 2010 A. Activity report for three months oft the current fiscal year are as follow: 1. Combined players for the current. three months totaled 30,550. This compares to 29,002 for the same three months of the previous year [+1,548 or +5.34%)]. 2. Combined players for December 2010 totaled 9,317 compared to 9,009 for the same month last year. [+308 or +3.42%]. 3. Changes by categories for the current three months are as follows: a. Annual Fee Holders (B & A) -429 b. Green Fees (B. & A) +2,041 C, Executive Course (AFH & Daily) +298 4. Power cart rentals for the current three months totaled 18,475 compared to 18,318 for the same months last year [+157 or +.86%). 5. Power cart rentals for December 2010 were 4,779 compared to 5,170 for the same month last year [-391 or-7.6%)]. B. Financial results for three months of fiscal year 2011 are as follows: 1. Net cash flow the current three months was -$13,111 compared to -$67,501 for this period last year (+54,390 or +80.58%). 2. Cash flow for December only was -$13,987 compared to -$48,937 for the same period last year (+34,950 or 71.41%). 3. Total revenues for the current three months were $649,791 compared to $706,728 for this period last year [-$56,937 or -8.06%)]. Most significant changes are as follows: a. Annual Fee Holder green fees -$25,822 b. Cart Rentals -$ 1,262 C. Daily Green Fees - $12,692* *Note: Fee schedule changed from FY '10; first increase from summer was on Dec. 1 not Nov. 15. 4. Expenditures for the current three months were $662,902. This compares to $774,228 for the same period last year [-$111,326 or -14.37%). Most significant changes are as follows: a. Personal Services +$4,042 b. Land Maintenance -$18,548 C. Utility Services -$ 664 d. Transfer CIP -$41,250 e. Transfer General Fund -$44,500 C. The Capital Improvement Fund has a positive balance of$1,233,131 as of December 31, 2010 BOBBY JONES GOLF COURSE REVENUEEAPENDITURE ANALYSIS COMPARISON OF FISCAL YEARS 2010 & 2011 December 31, 2010 ASER a - S PRIOR YEAR CURRENT YEAR Actual YTD. Actual Actual YTD Actual Budget Variance 2010 2010 Current 2011 2011 Favorable Month 3Months Month 31 Months 31 Months (Unfavorable) REVENUES: ANNUAL GREEN FEES S 3,802 $ 144,510 $ (874) S 118,688 $ 124,779 CART RENTAL S (6,091 74,030 266,735 73,941 265,473 299,137 CONTRIBUTIONS & SPONSORSHIPS 9,695 (33,664) 9,695 EQUIPMENT RENTALS 2,404 5,972 1,715 4,611 6,136 GOLF CLINICS (1,525) 535 535 GOLF HANDICAP TRACKING 83 535 100 874 925 104 GREEN FEES 821 99,459 215,605 88,767 202,913 253,530 LOCKER RENTAL 225 (50,617) MERCHANDISE 3,463 141 4,176 3,226 950 SALES 8,929 33,544 7,269 28,319 35,382 OTHER GOLF COURSE REVENUE 1,643 2,610 183 (7,063) OTHER. MISCELLANEOUS REVENUES 1,129 2,461 (1,332) 30 90 117 177 OTHER SALES 39 138 POSTAGE AND HANDLING CHARGES 6,342 (6,342) RANGE. FEES 16 16 16 2,577 8,498 2,613 7,281 9,600 RESTAURANT RENTAL 839 (2,319) SURPLUS 2,771 683 2,649 2,187 462 FURNITURE, FIXTURES 8 & TENNIS COURTS TICKETS 19 33 9 19 8 TOURNAMENT AND UNIFORM SALES 39 (20) 2,640 2,265 2,512 TOURNAMENT FEES (247) 1,749 2,463 2,086 UTILITIES 2,937 (851) 1,730 4,005 2,032 4,537 NVESTMENT EARNINGS 4,310 227 (191) 3,993 (1,875) 3,985 4,671 $ TOTAL (686) $ 207,023 $ 706,728 $ 176,354 $ 649,791 3 757,392 $ (1D7,601) PRIOR YEAR CURRENT YEAR Actual YTD. Actual Actual YTD Actual Budget Variance 2010 2010 Current 2011 2011 Favorable Month 31 Months Month 3Months 3 Months (Unfavorable) XPENDITURES: PERSONAL SERVICES $ 58,137 $ 195,065 $ 62,961 $ 199,107 $ 220,275 $ 21,168 MERCHANDISE FOR RESALE 12,953 16,634 406 10,000 19,469 9,469 ADVERTISING $4,422.40 $7,802.30 $3,706.60 $7,514.50 $9,446.00 ($1,931.50) AIR CONDTTONNGMEAING MAI 1,975,00 3,308.00 523.50 3,748.03 2,474.00 1,274,03 AUTO LIABILITY 9,522.00 9,522.00 0.00 0.00 6,491.00 (6,491.00) BUILDING INSURANCE 0.00 11,364.46 0.00 9,921.71 10,228.00 (306.29) BUILDING MAINTENANCE 600.00 1,050.00 325.00 1,225.00 1,741.00 (516.00) BUILDING MATERIALS 701.16 905.55 18.59 224.83 1,913.00 (1,688.17) CAR. ALLOWANCE 14.30 42.90 0,00 0.00 186.00 (186.00) CASH OVER/SHORT (24.06) (93.97) 3,56 (58.06) 0.00 (58.06) CELLF PHONE ALLOWANCE 19,50 58.50 27.00 73.50 189.00 (115.50) CELLULAR CHARGES 564.08 846.12 283.03 849.09 863.00 (13.91) CHARGE CARD/BANK FEES 4,302.11 9,201.40 4,389.22 8,898.89 9,821.00 (922.11) COMPUTER EQUIPMENT < $500 0,00 0.00 0.00 0.00 252.00 (252.00) COMPUTER HARDWR & SOFTWR 0.00 2,682.00 1,888.00 4,226.00 7,564.00 (3,338.00) COMPUTERI REPAIR PARTS 0.00 0.00 0.00 0.00 126.00 (126.00) DUES AND MEMBERSHIPS 110.00 260.00 0.00 150.00 287.00 (137.00) DUPLICATING AND PRINTING 465.00 465.00 0.00 0.00 733.00 (733.00) ELECTRICAL EQUIPMENT MAINT 0,00 0.00 (250.00) (160.00) 126.00 (286.00) EQUIPMENT < $500 0.00 33,40 0.00 21.39 75.00 (53.61) EQUIPMENT, AND PROPERTY REI 136.47 383.11 136.47 628.09 657.00 (28.91) FURNITURE < $500 0.00 0.00 58.09 58,09 0.00 58.09 GENERAL: SUPPLIES 685.80 1,524.99 270.30 2,870.92 1,956.00 914.92 HORTICULTURAL 0.00 0.00 0.00 0.00 89,00 (89.00) JANITORIAL 766,09 1,289.38 579.71 1,450.59 1,705.00 (254.41) LAND MAINTENANCE 106,059.26 350,787.23 111,950.00 332,239.50 356,628.00 (24,388.50) LEGAL AND JUDICIAL 0.00 0.00 257.00 529.00 0.00 529.00 LOSS ON FIXED. ASSETS 0.00 0.00 2,246.60 2,246.60 0.00 2,246.60 MACHINERY, AND TOOL MAINTEN 45.25 45,25 0.00 0.00 2,751.44 (2,751,44) MERCHANDISE FOR RESALE-OTI 18.00 1,327,60 0.00 2,763.01 5,208,00 (2,444.99) MOTOR VEHICLE MAINTENANCE 0.00 295.30 0.00 799.02 913.00 (113.98) MOTOR VEHICLE SUPPLIES/PAR 0,00 33.01 575.35 639.87 58.00 581.87 OFFICE SUPPLIES 494.11 729.18 97.84 394.43 1,401.00 (1,006.57) PARKINGI LOTS ANDI DRIVEWAYS 0.00 161.22 106.76 213.52 105.00 108.52 PEST CONTROL 32.00 216.00 32.00 221.00 325.00 (104.00) POSTAGE/DELIVERY SERVICE 0.00 110,12 0.00 27.58 151.00 (123.32) PROVISIONS 0,00 2,489.98 0.00 2,051.00 3,331.00 (1,280.00) SEWERS 0.00 0.00 0.00 0.00 51.00 (51.00) SPECIAL SERVICES 2,161.08 3,405.93 432.27 1,655.76 3,145.00 (1,489.24) TECHNOLOGY CHARGES 3,218.08 9,654.24 3,328.17 9,984.51 9,986.00 (1.49) TELECOMMUNICATIONS 189.97 1,474.59 857.34 2,755.41 1,582.00 1,173,41 TITLE RECORDING/FLING FEES 0.00 36.00 0.00 74.00 50.00 24.00 TRAINING, TRAVEL & CONFEREN 28.53 36.58 61.97 126.34 143.00 (16.66) UTILITY SERVICE 6,363.00 15,078.58 4,963.72 14,414.61 19,581.00 (5, 166.39) COST/ ALLOCATION 12,580 37,739 12,836 38,509 38,511 2 DE8T-SERVICE 838 2,514 836 2,508 2,508 TRANSFER - CIP FUND 13,750 41,250 TRANSFER TO GENERAL FUND 14,833 44,500 (23,568) 17,304 17,304 TOTAL > 255,960 $ 774,228 > 190,341 9 662,902 > 760,162 $ 97,261 INCREASE DECREASE) IN FUND BALANCE $ (48,937) $ (67,501) $ (13,987) $ (13,111) (2,770) - FUND BALANCE 9 475,376 $ 357,573 BOBBY JONES GOLF COURSE CAPITAL MPROVEMENT PLAN REVENUEEAPENDITURE ANALYSIS COMPARISON OF FISCAL YEARS 2010 & 2011 December 31, 2010 1522 55 EsS E*EA PRIOR YEAR CURRENT YEAR Actual YTD Actual Actual YTD. Actual Budget Varlance 2010 2010 Current 2011 2011 Favorable Month 3 Months Month 3 Months Annual (Unfavorable) REVENUES: TRANSFER: * CIP FUND $ 13,750 $ 41,250 S $ $ $ OTHER SALES 5,000 (5,000) NVESTMENT EARNINGS (375) 6,552 (3,589) (1,384) 22,000 $ (23,384) TOTAL $ 13,375 $ 47,802 $ (3,589) $ (1,384) 27,000 > (28,384) PRIOR YEAR CURRENT YEAR Actual YTD. Actual Actual YTD Actual Budget Variance 2010 2010 Current 2011 2011 Favorable Month 3 Months Month 3 Months Annual (Unfavorable) EXPENDITURES: CAPITAL OUTLAY-APPRAISALS $ $ S $ $ 10,000 $ 10,000 BUILDING, AND STRUCTURES 450 450 39,690 39,690 68,571 26,881 BRIDGES/PIERS 3,000 3,000 STREETS ANDI HIGHWAYS 11,000 11,000 LAND IMPROVEMENT 20,000 201,931 181,931 PC. AND RELATED HARDWARE 42,834 42,834 INSTRUMENTS AND. APPARATUS 14,503 14,503 MOTOR VEHICLE 113,704 113,704 SPECIAL SERVICES 2,300 2.300 TOTAL > 450 450 39,690 5 59,690 S 467,843 $ 408,153 INCREASE DECREASE) IN FUND BALANCE $ 12,925 $ 47,352 $ (43,279) $ (61,074) $ (440,843) FUND BALANCE $ 1,474,239 $ 1,233,131 3 5 5 3 S 3 5 9 a E 3 3 - - - - - 6 5 6 6 3 - - - - - : : - : : - 8 2 8 3 3 E E R R B 9 a B 3 3 E S5 & 5 : à - E E E E E E - 3 E € 5 a 3 E E 5 E - 3 3 B 45 a E 9 e 9 8 3 E E 3 E S a 3 E E - E C 8 5 - E a E € 5 3 o o o afofotoporos @ - - - 5 - E 5 5 - - - a & E 3 9 5 S - € - - 6 - - - 5 € 5 : - 5 : E : - - E E - 1 E - A 3 e 6 E a s gE s B s s 33 5 988 6 38 & & 8 6 a9 E B R 53 e 8 S & S 3 E B 5 3 5 3 E 8 8 3 8 E 3 N & - E 5 E 9 FS E F co so E es o e es 9 - 5 5 5 S € 5 E 8 a a N R 8 3 E E E 5 3 E 8 B a I - 9 3 € 5 8 3 3 5 € E S 8 - 3 3 - 6 - - - - - 6 I 2 6 3 3 N - a a - : - : : : : : E E E : E E - 1 1 1 - I & 8 o o jo o fojojo oo S S 3 54 335 BE 5 9 a 3 5 9 8 a 3 8 8 E E 83 - E e 3 B S e a 9 8 E 9 8 5 3 - S E E 9 5 5 E € E E S - € - 9 E - E 5 & 8 3a a 8 E B 11 E S 8 E E B N $ 5 8 E I 8 5 E € E S 9 3 - 3 3 5 - - E 3 2 - e 6 R € E - E N 8 N 3 d8 3 a B 5 RS B Ns 2 E E RSR 5 8 3 E 3 g B B B E 3 8 E 3 3 8 & B 9 € N E 5 E 3 N & 8 3 8 gigis e 9 9 e e e * 6 $ 8 - a a 3 a 3 a 8 I a a 5 $ E € 8 a - - o N L a 3 & 5 5 N a Z E 2 < S a o A 5 N L 0 8 a f T 2010 FPZA STATE CONFERENCE PLANNING LA W" GOYERNMENT IN THE; SUNSHINE, PUBLIC! RECORDS, AND ETHICS LAWS "THE RULES OF THE GAMC" Presented by Scott E. Rudacille, Esq. KIRIPINKERTON, P.A. GOVERNMENT IN THE SUNSHINE Generally, the Government in the Sunshine Law (Section 286.011, Florida Statutes) requires (I) that meetings of public boards be open to the public, (2) that the public is given reasonable notice of these. meetings, and (3) that minutes are taken, These requirements apply regardiess of whether the board members are elected or appointed. And, the requirements apply not only to the public board, but also to most advisory committees formed by the public board. Ex, The Plaming Board appoints a committee made up of planning staff, local architects and members of the historical society to recommend changes to the. land development code related to the protection of architecturally significant buildings. > Meefings ofthe commitlee MHSt comply with the Sunshine Law, The Sunshine requirements do not generally apply to staff meetings, unless there has been some delegation of decision-making authority to staff members, O! the staff member is acting as a liaison between board members. 1. When do commumications between board members become Sunshine neetings? A question frequently arises as to when a gathering of board members becomes a meeting subject to the Sunshine-Law. The answer is that the Sunshine Law applies to "any gathering, whether formal or informal, involying two o! more members of the same board, where a matter which will foreseeably come before the board for action is being discussed". Bx. You are al Planning Commissioner for your County, and you run into a County Commissionerin the grocery store. The two of you start baving a discussion about your families, the Rays, the realignment of the college conferences, etc. -> No violation, The Sunshine lanys only apply to members of the same board. Ex. You suggest to the Commissioner that the Couty Commission should consider certain changes to the Land Development Code. This is still not a violation, aS you and the County Commissioner gre nof members of the. same board. Bx, Then, another member of the Planning Commission joins you and asks the group how everybody's family is doing. > Still nO violation, None of the topics mentioned above would foreseeably come before the Planning Commissionfor action. Ex. You tell the group that you are opposed lo the ordinance that the County is considering to ban the sale of alcoholic beverages o1 Thursdays. > This is likely, still not a violation, as the Planning Commission sould generally not review those types of ordinances. Ex. Then, you mention to the group that you also don't like the design of the site plan submitted to the County for the expansion of tho local shopping mall. The other Plaoning Commissioner says she agrees, and does not intend to vote for it. > This is likely a Sunshine violation, because you and another niember ofyour board ivere discussing a matter that couldforeseeably. come before fhe board, outside of a noticed, public neeting. The Sunshine Law will also apply even though two board members are not physically present together, such as when they are communicating by telephone or e-mail. A written memo or e-mail from one board member to the rest of the board, informing them of an issue to be discussed at an, upcoming meeting is generally not a Sunshine Law violation. However, if the memo or e-mail solicits responses or comments, then there could be a violation, Ex. The Chair sends a memo to the rest of the Planning and Zoniug Board members, stating that he does not intend to recommend approval for any project that is going to increase traffic problems on Main Street. > This should not create a Sunshine issue, because this is a one-sided position statement. Ex. The Chair sends an e-mail to the rest of the Planning aud Zoning Board members asking theni whether they think the maximum height in the Neighborhood Commercial zoning district should be raised from 30 feet to 45 feet. One of the Board members responds and says he is not in favor of it. > This would likely be a violation, because tyo members oft the same board are having an exchange 78 to matters that could come before the board. A Sunshine violation can occur even when two board members have no interaction whatsoever, This can generally happen under twO circumstances. The first situation is where an individual acts as a conduit to convey information between board members that they could not directly convey themselves. Ex. The County Administrator meets individually with all of the County Commissioners to discuss a proposed ordinance coming before the board. > Under fhese facts alone, there should not be a violation of the Sunshine Law. Bx. The County Administrator tells Commissioner A that he has met with Commissioners B, C, and D, and they all support the ordinance, sO he needs Commissioner A's vote in order for the ordinance to pass. This could be a Sunshine violation, beccuse the Counly Administrator has acted as a conduit between board members and has held a "de facto' " meeting ofthe board oufside of the Sunshine. The second situation is when an individual is delegated the decision-making authority of a public board. This is a fairly cloudy area of the law, but if an individual is given the authority to reject options during contract negotiations o! to evaluate proposals and create a short list, then Sunshine issues may be implicated. 2. What is required for an open meeting? Under Section 286.011, Florida Statutes, meetings of a public board must be heid in a public place with a quorum of board members physically present. A commonly. asked question is whether a board member who is not able to be present at a meeting may participate in the meeting via telephone, According to the Attomey General Opinions oD the subject, participation of a board member in a public meeting by telephone conference should only be permitted where (1) there extraordinary circumstances" necessitating the phone participation and (2) a quorum of the board is physically present at the meeting (AGO 2003-41). 3. What kind of nofice is required for the meeting? The type of notice required varies depending on the circumstances, such as the gravity of the matter considered and the type of board involved, The only equirement under Seçtion 286.011 is that the notice is "reasonable". However, statutes and local government regulations frequently impose additional notice requirements. For land development issues, notice requirements may include newspaper advertisements, posting notice on the property, and mailed notice to nearby property owners. 4. What is required for the minntes? Written minutes of a meeting must be made. But, that does not mean a verbatim transcript, All that is required are brief notes or memoranda veflecting the eyents of the meeting, Any person desiring to have a verbalim reçord of the meeting is responsible for hiring a court reporter, tape recording the meeting, etc. 5. Consequences of Sunshine violations a. Criminal penalties A knowing violation of the Sunshine Laws is a second degree misdemeanor, punishable by up to 60 days in jail and/or a $500 fine. b. Removal from office If convicted, a board member may be removed from office by executive order of the Governor. C, Atforneys' fees Reasonable altorneys' fees will be assessed against a board which has been found to have violated the Sunshine Laws, Such fees may also be assessed against the individual board members, unless they were acting under the advice of the board's legal counsel. d, Validity of action taken Any action taken in violation of the Sunshine Laws is generally void ab initio. Thus, any board action taken during meetings which violate the Sunshine Law may be of no effect and may have to be re-examined, re-discussed, and re- approved at an open meeting, PUBLIC) RECORDS ACT Generally, all materials made or received by an agency in counection with official business are public records and must be held open for public inspection, unless they are specifically exempted by statute or the Florida Constitution. Section I 19.07, Florida Statutes. 1. What types of materials can be a public record? Anything intended to perpetuate, communicate, or tormalize knowledge is sufficient to be a public record. This includes letters, memos, reports, computer records and e-mails. This also includes working drafts or preliminary reports, but may exclude employees' personal notes to themselves. Ex, You e-mail your spouse from the office to ask what is for dinner. -> Not a public record. Not made in connection swith official business. Ex. You e-mail the City Clerk from home and ask her to put Mark Barnebey's rezone at the end of the agenda, because he's going to talk forever and you plan to take a nap during that part of the meeting. > Public record. Bx. County staff members meet to review and discuss a project, and they lape the meeting. > The tape is a public record. 2. Attorney-client records Generally, there is no privilege for written or e-mail communications between board members and the board attorney. However, there is an exemption for a board attorney's work product prepared in anticipation of or during adversariai proceedings, as weil as çertain records prepared by a board member of staff member at the direction of the board's S attorney during such times. See Section 119.071(1)(d), Florida Stalutes, Ex. You e-mail the board attorney to tell him that you just attended a seminar Oil Suashine Law and nOW you don't know what to do. You've been talking to other board members outside of the Sunshine, you've been destroying public reçords, and you were the second gunman on the grassy knoll. > This e-mail is @ public record. 3. Personnel records Unless there is a statutory exemption, persomnel 'ecords are generally public records. Bxamples of exempted items ae social security numbers, certain complaints made against employees, some criminal history information, and drug test results in the context of a drug-testing program. 4. Exemptions in general There are a number of miscellaneous exemptions from disclosure, sO any sensitive information should be veferred to your board attorney before the documents are made pablic. Hcre are some examples of miscellaneous exemptions found in the statutes: a. Bank account, debit, charge, and credit card numbers. Section 119.071(5)(b). b. Records regarding the ownership of, or security interests in, public obligations. Section 279.11. C. Certain work product of the agency attorney. Section 119.071(1)(d). d. Social security numbers. Section 119.071(4)(a). e. Building plans, blueprints, schematic drawings, and diagrams which depict the internal layout and structural clements of a building owned by the agency. Section 119.071(3)(b). 5. Retention of Records The Department of State has adopted a General Records Schedule for State and Local Government Agencies, which regulates how long certain categories of records must be kept for each particular type of government agency. Generally the time for retention of a public record varies greatly depending on the nature of the record. For example, minutes of a regular meeting are equired to be kept permanently, while video or tape recordings of the meeting must generally be kept for 2 years. 6. Penalties for violations Penalties for violation of the Public Records Act range anywhere from a $500 fine up to a third degree felony, depending o1) the specific section that is violated, the severity of thc offense, and whether the violation was made knowingly and willfully. There are also statutory provisions to allow a party to be awarded attorneys fees if they are forced to bring suil to obtain a public record. ETHICS FOR PUBLIC OFFICERS 1. Doing business with one's oWn agency a, No agency business with family. company No public officer O! purchasing employee, acting in his or her official capacity, may do business with any entity in which the officer or employee, or the officer or employee's spouse or child has a material interest. Section 112.313(3), Florida Statutes. b. No doing business with your own agency A public officer or purchasing employee, acting in his or her private capacity, may not do business with that officer or employee's goverument agency, * There are a number of exemptions that may apply. in certain cases, including the "sole source" exemption, business that is awarded by competitive bidding, and emergency purchases. 2. Conflicting Employment and Confractual Relationships a. Entities Regulated by the Government Agency No public officer or employee shall hold any employment or contractual relationship with a business entity Ol' agency that is either subject to the regulation of, or is doing business with, the officer or employee's agency. b. Reeurring Conflicts Nor shall an officer or employee hold any employment or contractual relationship that would create a continuing or frequently recurring conflict. 3. Gifts a. Public officers, employees, and local government attorneys, and candidates for nomination 01 election, are prohibited from soliciting or accepting anything of value based upon an understanding that the vote, official action, or judgment of the official would be influençed. b, Public officers, employees, local government attorneys, and their spouses and minor children, are prohibited from accepting any compensation, payment or thing of value when the official knows, 01 with the exercise of reasonable caré should know, that it is given to influence the official. C, A reporting individual 01 procuring employee (RIPE), or any member of the RIPB's immediate family, is prohibited from soliciting any gift from al lobbyist who lobbies the RIPB's S agency. d. A RIPB, O1 any person on behalf of RIPE, is prohibited from accepting any gift valued at more than $100 from a lobbyist who lobbies the RIPB's S agency. 4. Voting conflicts A voting çonflict arises when an official is called upon to vote on any measure which would inure to the officer's special private gain or loss; which the officer knows would inure to the special private gain or loss of any principal by whom the officer is retained; or which the officer knows would inure to the special private gain or loss of a relative or business associate of the public officer. Section 112.3143(3)(a). If such a conflict exists, the officer must abstain from voting and publicly disclose his or her interest in the matter, then file a written memorandum, The officer is not prohibited, however, from participating in the deliberations. And, it should be noted that unless there is, or appears to be, a voting conflict under the statute, every board member present at a meeting is required to vote. Section 286.012, Florida Statutes. Ex. You are a County Commissioner, and your grandson has submitted an application to rezone his property. > You do not have a conflict uder the statute, because "relative' " is defined to include onlyfather; mother, son, daughter; husband, wife, brothey; sister; father-in-law, mother-in-la, son-in-law 01 daughter-in-lqv. So, not only may. you vote on the matter; you must vote on the maiter, if you are present. Ex, Your grandfather has submitted an application to amend the future land use designation of his property from agriculture to high density residential, which would greatly increase the value of the property. > You do not appear to have a conflict der the statute, because a grandparent is not a "relative' ". But what if your, grandfather is 103 years old, and you are a direct beneficiary under his svill? Would you be receiving a personal "special private gain' a then? Ex. You are a member of a Couaty Planning Commission, The Commission is holding a public heating on amendments to the County's Land Development Code, which would impact a mumber" of properties, including yours, > This determination swill depend upon the nmber" ofi properties afected by the code amendments. The Ethics Commission has generally held that a special private gain will OCCHI if the official constitutes 1-2% ofthe class of persons affected. 4. Penalties for violations Penalties for violations of the ethics statutes may include one 01 more of the. followiug, in addition to any criminal penalties that may apply: a. Impeachment. b. Removal from office. C. Suspension from office. d. Public censure and reprimand. e. Forfeiture of salary. f. Civil penalty not to exceed $10,000. g. Restitution of pecuniary benefits received as a result of the violation.