HomeMy WebLinkAbout2009 05 11 Regular 605 Public Notice Policy
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COMMISSION AGENDA
ITEM 605
May 11, 2009
Meeting
REQUEST:
The City Attorney desires to summarize the City Commission's public notice policy set forth in
Resolution 2006-25 and requests that the City Commission provide direction as necessary.
PURPOSE:
The purpose this Agenda Item is to summarize the City Commission's existing policy regarding public
notices for City Commission meetings and other City sponsored official functions and community
forums as set forth in Resolution 2006-25. Additionally, the City Commission can provide direction
regarding the public notice policy as necessary.
APPLICABLE LAW AND PUBLIC POLICY:
Florida Municipal Home Rule Power Act, Chapter 166, Florida Statutes.
Florida Sunshine Law. Section 286.011, Florida Statutes.
CONSIDERATIONS:
BACKGROUND
1. On May 8, 2006, the City Commission adopted Resolution 2006-25 which established a formal
public notice policy for City Commission meetings, other city board meetings, and other City
sponsored official functions and community forums which are open to the public.
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Mgr. / Att. / Dept.
2. Prior to the adoption of Resolution 2006-25, the City Clerk's office was frequently dealing with
haphazard requests to post public notices for meetings and functions attended by the Mayor and City
Commissioners. The manner in which these requests were being made by the Mayor and City
Commissioners, and being processed by the City Clerk's office, was creating confusion and
uncertainty in the Clerk's office regarding which meetings/functions/forums should be posted as
required by law, posted as a courtesy to the public, and not be posted at all.
3. In order to address this confusion and uncertainty, the previous City Commission directed that the
City Attorney prepare a formal written policy regarding public notices for meetings, functions, and
forums attended by the Mayor and City Commissioners. After researching and reviewing applicable
law, the City Attorney prepared Resolution 2006-25 and that Resolution was adopted by the City
Commission on May 8, 2006. The intent of the Resolution was to provide "clear direction" to the
City Clerk's office as to when said meetings, functions, and forums are required to be noticed.
4. While the City Commission is free to amend Resolution 2006-25, the City Attorney believes that
Resolution 2006-25 provides clear direction as to which meetings, functions, and forums should be
publicly noticed as required by law or as a courtesy. However, from recent discussions at the
Commission meeting, it appears that public notices are being posted for matters that are not required
to be posted under Resolution 2006-25. Therefore, a general summary of the Sunshine Law and
Resolution 2006-25 are being provided herein to assist in clarifying the posting of City Commission
meetings, other city board meetings, city sponsored functions, and community forums.
SUNSHINE LAW -GENERALLY
5. Although there are many legal nuances related to the Sunshine Law that have developed over the
years, there are several axiomatic principles to always keep in mind:
A. The Sunshine Law applies to formal and informal meetings of "two or more"
members of the same board or commission to discuss some matter on which
foreseeable action will be taken by the public board or commission. There is no
requirement that a quorum be present for a meeting to be subject to the Sunshine
Law.
B. The Sunshine Law applies to discussions and deliberations as well as formal action
taken by a public board or commission.
C. The Sunshine Law has been construed by the Florida Supreme Court "so as to
frustrate all evasive devices." See, e.g., Town of Palm Beach v. Gradison, 296 So. 2d
473, 477 (Fla. 1974). In fact, the physical presence of two or more members of the
same board is not necessary in order for the Sunshine Law to be applicable.
Therefore, board members can not use computers, telephones, website blogs or
message boards, etc. to conduct a private discussion about board business.
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Interestingly and in keeping up with the times, the Florida Attorney General has
recently opined that board member communications on a City's facebook page
regarding city business will be subject to the Sunshine Law if the communication is
about a matter that foreseeably will come before the board for official action. See
AGO 2009-19, Apri123, 2009.
D. The Sunshine Law has three (3) basic meeting requirements:
(I) meetings of the board must be open to the public.
(II) reasonable notice of such meetings must be given.
(III) minutes of the meetings must be taken and promptly recorded.
In other words, before communications can occur between the Mayor and City
Commissioners regarding official city business, a meeting must be called that satisfies
all three requirements: notice of the meeting, meeting open to the public, and minutes
of the meeting taken and recorded.
SUMMARY OF RESOLUTION 2006-25
6. For purposes of providing direction to the City Clerk's office, Resolution 2006-25 in essence
divides public notices into two general categories: (A) City Commission meetings which require
notice; and (B) other city board meetings and city sponsored functions and community forums open
to the public which require courtesy notice.
A. Per section 2 of the Resolution, the following City Commission meetings are
required to be publicly noticed by the City Clerk's office:
(I) City Commission regular, special, workshop, and emergency meetings.
(II) Joint meetings between City Commission and other public bodies or city boards.
(III) Meetings of one or more members of the City Commission and/or Mayor where
they have been delegated decision making authority to act on behalf of the City
Commission.
(IV) Meetings between the Mayor and one or more members ofthe City Commission
or meetings between two or more members of the City Commission to discuss some
matter which could foreseeably come before the City Commission for action.
(V) Meetings ofthe Florida League of Cities and National League of Cities where the
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Mayor and one or more members of the City Commission or two or more members
of the City Commission will be in attendance to discuss issues which could
foreseeably come before the City Commission for action.
(VI) Any other meetings required by law.
B. Per section 3 ofthe Resolution, the City Clerk is required to post a courtesYpublic
notice for the following situations which do not technically constitute a City
Commission meeting:
(I) Other City board meetings.
(II) City sponsored functions open to the public.
(III) Community forums sponsored by a private organization or some other
government entity, board or group that is opened to the public. Community forum is
defined as a candidate night, CALNO and League meetings, public forums of
government and private organizations, joint planning meetings of selected government
officials, and other public forums where issues of general public concern to the city
may be discussed in public.
The intent of the courtesy public notice is to advise the public that the Mayor and/or
one or more of the City Commissioners may be in attendance at other city board
meetings, city sponsored functions, or community forums, and that they may
participate in the function or open public discussions. It is not the intent of a courtesy
notice to formally notice a city commission meeting. When courtesy notices are
posted, the Mayor and/or City Commissioners can publicly speak at the other city
board meeting, city sponsored function, or community forum, but they should refrain
from discussions among themselves regarding issues that could foreseeably come
before the City Commission for action.
7. In accordance with Resolution 2006-25, the City Clerk's office is not required to post a public
notice for any other meeting or gathering at which the Mayor and/or one or more City Commissioners
may be in attendance.
8. In addition, it is worth noting that there is a distinction between calendaring an item related to City
affairs and the requirement for posting a public notice under Resolution 2006-25. Just because a
matter is placed on the city calendar does not mean that it is required to be publicly noticed per
Resolution 2006-25, and vice versa.
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STAFF RECOMMENDATION:
The City Attorney requests the City Commission consider the existing public notice policy set forth
in Resolution 2006-25 and provide whatever direction the City Commission deems necessary.
ATTACHMENT:
Resolution 2006-25
COMMISSION ACTION:
On May 8, 2006, the City Commission adopted Resolution 2006-25 establishing a public notice policy
for the City Commission meetings and other City sponsored official functions and community forums.
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RESOLI}TION NO. Zoa~-2~5
A RESQLUTION OF THE CITY COMMI$$ION OF THE
CITY OF WINTER SPRING6, BEMINt)LE G`b1[J1titTY,
FLORIDA, ES'I'ABLIlSIIING A PUBLIC NOTICE POLICY
FbR CITY CbMIVII~ION MEETINGS AND OTHER CITY
SPONSORED OFFICIAL FUNCTIONS AND Ct]MMUNITY
FORUMSI IN ACCQRdAri1CR WITI~I LAW; PROVIDING FOR
REPEAL OR PRIbR INCgNSISTENT ItF.SOLUTION6,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, folder 5ectian 2(b), Article VIIF, afthe State
Constitution, to exercise any powrr fqr municipal purpo, except when expressly prohibited by
Iaw; and
WNEIZEA6, section 284.411, Florida Statutes, provides that all meetings of the city
commission at which official ads are to be taken are declared to be pubIie meetings open to be
public meetings and open to the public at all times and that the city commission must provide
reasonable notice of aII such meetings; and
WlfilaR>~AS, consistent with section 266.011, Florida Statutes, the city commission desires
to establish a public notice policy for city eonautission meetings and other official city spansar~ed
functions and community fnrutns iiorpurpasea ofproviding clear directions to the city clcrks's offices
as to when said meetings and functions are trquired tp be noticed; sad
WHEREAS, it is ~e intent and purpose of this xesolutian to fWly comply with the
requirements of the Sunshine Law and to provide the public additional courtesy notices of city
span,sored events and comznurJity forums which era open to the public and at which it is known
ahead of dune that the Mayor andJor one ar members of the city commission may be in attendance
and participate; and
WHEREAS, the City Canunissicn of the City of Wintier Springs finds that this Resalutian
is in the beet interests of the public health, safety, and welfare of the citizens of Winter Springs,
NOW THLREFQRE, THE CITY CQMMISSfGN DF THL CITY OF RVINTER
SPR,XNNGS IiIEREB7' RESOLVES, AS FOLIAWS:
Section 1, $g The foregoing recitals are deemed tnic and correct and are hereby fully
incorporated by this retiea~eance,
Section ~, Regu3red Public N~ces. The City Commission hereby directs that the fallflwing
meetings be cfficially noticed by the City Clerk as a City Commission meeting:
City of Wintx ~ringa
Re~Iatian 20Q6-33
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(A) Regular meetings of the City Commission.
(B) Special, workslwp or emergency rneeting9 of the City Carnmiseion,
(C) Joint meetings of the City Commission and any other public entity or city
boardkommittee.
(D} Meetings in which one ormoremambers ofthe City Camrnissiaz~ anidlorlv[ayarhas been
delegated the decision making authority tv act on behalf of the City Coratttission.
{E) Meetings between the rrlayor and one or more members of the City Commission or
meetings betweenn two or more members of the City Cornrnission to discuss some stlatter
which could faroseeably come bafpre the city cotl'kttlissionferaction.
(~ Meetutgs of the FloridaI,eague of Cities and ]Qatior~al Cessna of Cities where the Mayor
sad one ox more members of tha City Commission or two or more tuembers of tlta City
trammiasivn wil l be inn attendance #o discuss issues which could foresceably come before the
City Commission for actlam.
((`i}Any other meetings requutd by law .
S 3. Off ~y $j}aneared I~ac~tians ~ipd Commun~,y Raruma. 'i`he City Commission
understands and r~ogni~es that the Florida Attorney General has opizsad that atted#laace b'Y city
counaii members at community fionutxe spor>SVred by private organt7ations, meetings of another
pubic board. or social evezrts are not sttl~eat to the 5ut>shiae Law grid being noticed as a city
coctyntisaian meeting, sv lan$ ss eommissiaryera avoid discuesiaaa aonong ~snaclvea on issues that
may foreseesbly come before the City Gomtniataicm for action, Therefore, the following shall apply
to other city board macdnga, csty sponsored functions and community f'pKtims:
(A} Withxespectw other aity board meetings, a courfeay nolicc shall be plaeedtmtite battorn
of the oily board notice in substantially the following form:
Please be ,advised that the 1Vistyor aadlor one (1} or more Members of tLe City
Commission aetUar Members of any a! the City's Adviaary Boards ss<d Coioamittees
may bete attendanee at this 1VIeeting, sad may participate in diacussione.
{8) With t~aspect to othex o!Yieial funetio~ sponsored isy the Clty as~d apes to the public, a
courtesy notice of the function shalt be posted on fhe bulletin board in the Iobby at city hall. Tbc
notice s1,e11 include an agenda (if available) and a statanent in substantially the following form;
City of Winter 5prirlgo
li~esflltrttptl xOG6-23
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Please be advised that tlss Mayor andlor one (I) or more Merabera of the City
Commission and/or Members o[ azsy of the Ciiy's Advisory Boards anti Committee
racy be in attcadaace at this fptletiaa, and may partldpata in ifre function vn behalf o[
the City.
(C) With respect to other community forums sponsored by a privatie organization or some
other government entity, board or group that is open to the publiq the city clerk t~iell post a notice
of the upcoming community forum an the bulletin board in the lobby at city hall if the city eterk has
been informed by the Mayor endlcr one or more members of the city commission that at least two
of iheim~ will be in attendance at rho community forum. The cowrtesy notice shall state the same,
date, location, and time o~ the community forum, Sri agenda (if available), and substantially the
following notice:
PkRee be advised that the Mayor andlor one (1} or awry Members of the City
Commission and/or Members o! any of the City's Advisory Boards and Comraitbeee
may be is attendance at this Meeting, and may participate in discussions.
liar purposes of Phis subparagraph (C}, community forums may include candidate nights
sponsored by a private organization, forums and meetings of CALNO and the z..eague of Cities,
public forums o£ government nerd private organizations, joint planning rmeotings of selected
government officials, and other open forums velure issues of general public concee~i to the city may
be discussed in public,
~cttan d. Ra~Q~'~iar IaconsistantRegolations. All prior inconsist~entresolutioas adopted
by the City Commission, or parts of prior rosolutiflns in conflict herewi~, are hereby repeated to the
extent of the conflict
~uectio^ 5. t~everabiiity, If any section, subsecdon, sentence, clause, phrase, ward ox provision
of this Resolution is £or any reason held invalid or unconstitutional by arty court of competent
Jurisdiction, whether far substantive, pracadural, ar any other reason, such portion shall be der~ned
a separate, distinct and independent provision, and suds holding sha11 not affect rite validity of the
remaining portions ofthis Reaolutiozt.
do G. Instract[ona to Citv~erk. The public notice requirements set forth in this
Resolution sha11 be implemented by the city clerk unless otherwise directed by majority vote of the
city commission or unless otherwise required by law.
5eetina 7- Eve bate. This Resolution shall becorna effective immediately upon adoption
by the t~ty Commission of the City cf Winter springs.
~;ty of wi~r springs
R.eeol~.iou 2006-25
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RFSGLYED b3+ the City Commission of the City o£ Winter Springs, Florida, in a regular
meeting nsaembled on the 8th day of May, 2aa~.
ATTI~ST:
~~~
Ap a Lot~nsa-Luaca, Cft~+ Clerk
Approved us to legal form aad sufficiency for
the Ci iffier Springy only:
ANTAONY . GARGAI~SE, CiEy AHorney
~~ ~~
Jo F. Bugh, Msyar
City of Winfier fipringa
RbspTutipr:20pG-35
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