052289-Workshop SessionCity Commission, Sanford, Florida
May 22
19 89
The City Commission of the City of Sanford
"Government in the Sunshine" in the City Hall in the
o'clock P.M. on May 22, 1989.
met in Work'Shop Session to discuss
City of Sanford, Florida at 6:00
Present:
Absent:
Bettye Smith, Mayor
Commissioner Mac McClanahan
Commissioner Robert Thomas
Commissioner Lon Howell
Commissioner Whitey Eckstein
City Attorney, William L. Colbert
City Manager, Frank A. Faison
Acting City Clerk, Patricia A. Lee
City Clerk Janet R. Donahoe
The meeting was called to order by the Chairman.
The Chairman introduced City Attorney,
"Government in the Sunshine."
William Colbert, as the speaker for
Attorney Colbert stated that he had been working for cities and assisting
different cities since February 2, 1971. Also, that he has been involved with the Leagues
of Cities, particularly the Municipal Bar of Attorneys Association. Since his involvement
with cities, he has been reminded that "Government in the Sunshine" is one of the most
misunderstood laws that affects public bodies. He stated that there are a lot of
questions asked regarding these laws because many attorneys do not have all the answers.
But, as an attorney he is governed by the Sunshine Laws, which he is required to adhere to.
Attorney Colbert handed out a pamphlet which outlines Florida Statues 286.011 all
of which covers the "Government in the Sunshine" laws as he reviewed the following topics:
Public Meetings.
Locations of Meetings.
Penalties.
Requirement to Vote.
The Code of Ethics.
The Sunshine Law is found in Florida Statues 286.011 which states that "Ail
meetings of any board or commission of any state agency or authority at which official acts
are to be taken are declared to be public meetings open to the public at all times." He
further stated that two or more Commissioners should not meet in person, discuss over the
telephone, or exchange correspondence concerning items which will or may be discussed and
voted upon collectively in regular commission meeting.
The location of meetings may not be held at any facility or location which
discriminates on the basis of sex, age, race, creed, color, or economic status or which
operates in such a manner as to unreasonably restrict public access. Meeting of municipal
boards and commissions should be accessible to physically handicapped persons.
MINUTES
City Commission, Sanford, Florida
May 22
159
19 89
Attorney Colbert stated that "Government in the Sunshine" applies not only to the
City Commission, but also members of appointed boards. However, it does not apply to the
City Manager as he is talking with different elected officials about administrative matters
or agenda matters as long as it is not for the purpose of lining up votes. It does not
apply to certain boards and bodies as long as they are involved in fact finding, and not
beyond making decisions.
Florida Statute 286.011 further states under Penalties, that any public officer
who violates any provision of said section is guilty of a noncriminal infraction and would
be fined up to $500. But, if a meeting is not held in accordance with these provisions,
and it is knowing, and willful, it is a second degree misdemeanor, punishable bY 60 days in
jail and a $500 fine.
Also, a member of a city board , commission, or agency who is present at a meeting
at which an official decision, ruling, or Other official act is to be taken or adopted must
vote on the decision, ruling, or act, and a vote shall be recorded or counted for each
member present, except when a possible conflict of interest requires that he abstain from
voting. However, when there is a conflict of interest the item can be tabled until the
next meeting, ask questions until you are satisfied, or vote against it because you do not
have enough information to vote for it.
The Code of Ethics applies to public officials whether they are appointed,
elected, or employee.s, prohibits them from solicitingor excepting gifts or anything of
value if it's intended to affect their vote. If you receive a gift over $100 you are
required under financial disclosure to report' it.
Attorney Colbert further stated that under the Code of Ethics there is a law
against prohibition of misuse of position. Quoting· from Florida Statue 112.313 "A public
officer or employee shall not corruptly use or attempt to use his official position or any
property or resource which may be within his trust, or perform his official duties, to
secure a special privilege, benefit, or exemption for himse.~f or others."
He also stated that a city employee can not serve on a board nor can they serve on
a board and hold an appointed position as a city employee unless it is specifically written
in the ordinance.
The requirement of disclosure of financial interests applies to persons occupying
an elective municipal office; appointed members of city boards, commission, and
authorities, other than those which are only advisory in function, but including bodies
which exercise "planning, zoning, or the natural resources responsibilities, and certain
city employees such as City Managers, Mayors, and City Attorneys. This form must be filed
within 30 days from thedate of appointment.
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In summary, Attorney Colbert stated that the legislature passed the laws because
the public has a right to know about it's business, and things that might affect their
property interest, taxes-and other things. If everyone makes an effort to exercise the law
the publics business can be done effectively, and the public service would be a service and
a privilege, and the members would be justifiably proud of being a part of it.
Attorney Colbert. thanked everyone for attending and for their services on the
boards and bodies they represent to the City.
There being no further business or comments the meeting was adjourned..
M
ATTEST:
~ty Clerk