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Home My WebLink About02-10-2004 City of Winter Springs - Board AgendasBROWN, SALZMAN, WEISS & GARGANESE, P.A. Attorneys at Law iwZ Usher L. Brown' Suzanne D'Agresta° Anthony A. Garganese° Gary S. Salzman* John H. Ward' Jeffrey S. Weiss 'Board Certified Civil Trial Lawyer *Board Certified Business Litigation Lawyer 'Board Certified City, County & Local Government Law Via Facsimile and Mail Andrea Lorenzo-Luaces, City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 Offices in Orlando, KissimFF P 1 1 2004mee, Debra S. Babb-Nutcher Cocoa & Viera CITYOFVvji jT= Joseph E. Blitoo �csizrni� . Jeffrey P. Buak John U. Biedenharn, Jr. Douglas Lambert Katherine Latorre Michelle A. Reddin Kimberly F. Whitfield February 10, 2004 Re: City of Winter Springs I Board Agendas Our File #1193 Dear Andrea: Erin J. O'Leary Of Counsel This letter is in response to your questions regarding the manner in which City boards conduct City business. You asked for my advice regarding the appropriate format of board agendas and whether publication of the board agenda, open public input, verbatim minutes and voice votes for board directives is required by law. The following is my response: Board Agenda 1. I have found from my experience working with numerous cities that it is more efficient from an overall City perspective that all boards generally follow the same format and style used by the City Commission. Having a uniform agenda format will assist the public and City officials in understanding the orderly manner in which the City conducts all its board business. Different agenda formats for the various boards can be confusing to persons that have to deal with a multitude of City boards. Publication of Agenda 2. Although the Sunshine law requires notice of each City Commission or board meeting, the Sunshine law does not mandate that the City Commission or board provide notice on an agenda of each item to be discussed at a public meeting. Courts have not upheld such a stringent agenda requirement because it could effectively prohibit the public from bringing matters before a governing body like the City Commission. See Law and Information Services, Inc. v. City of Riviera Beach, 670 So. 2d 1014 (Fla. 4`h DCA 1996); Hugh v. Stembridge, 278 So. 2d 288 (Fla. 3d. DCA 1973); Yarbrough v. Young, 462 So. 2d 515 (Fla. I" DCA 1985). However, other laws or City policy may impose such a requirement. 225 East Robinson Street, Suite 660 • P.O. Box 2873.Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa & Viera (866) 425-9566 Website: www.orlandolaw.net • Email: agarganese@orlandolaw.net Andrea Lorenzo-Luaces, City Clerk City of Winter Springs February 10, 2004 Page 2 Public Input 3. City boards can provide a segment on their agenda to permit general public input. If the board does not have a general public input section, the board should establish a time limit and subject matter limitation on public input in order to conduct the City's business in an orderly and efficient manner. For example, speakers could be limited to five (5) minutes each and the subject matter should be limited to relevant board business. Verbatim Minutes 4. With respect to verbatim minutes, Florida Statutes do not require verbatim minutes of public meetings. Minutes should be limited to a brief summary or a series of brief notes or memoranda reflecting the events of the meetings. Members of the public that require verbatim minutes of a meeting are required to hire and compensate court reporters to attend and transcribe the meetings pursuant to Section 286.011(2), Florida Statutes. Whether or not your office must expend City resources to regularly prepare verbatim minutes of City board meetings is a policy decision for the City Commission. Voice Votes 5. it is strongly recommended that the board utilize voice votes rather than consensus. The use of voice votes by board members leaves no doubt as to the result of board decisions. Further, voice votes ensure that all actions and directives of the board are memorialized in the minutes and understood by City staff. Acting by consensus should be done sparingly. I trust that this letter is responsive to your request. if you have any further questions, please do not hesitate to call. Ve yours, Z�ZAnthony A. Garganese City Attorney AAG:jf cc: Ronald W. McLemore, City Manager Sent sy: BROWN,SALZMAN,WEISS&GARGANESE; 407 425 9596; Feb-10-04 4:311'M; Hage 1i3 Brown, Ward, Salzman & Weiss, P.A. Two Landmark Center 225 East Robinson Street, Suite 660 Orlando, Florida 32801 Post Office Box 2873 Orlando, Florida 32802-2673 (407) 425-9566 (407) 425-9596 fax e-mail address, agargenese@orlandolaw riet Date: February 10, 2004 To: Andrea Lorenzo-Luaces, City Clerk City of Winter Springs Fax: (407) 327-4753 From: Anthony A. Garganese Pages (including this one): 3 File: 1193 Subject: Board Agendas If there are any questions regarding this fax, please call 4071425-9566. This facsimile message isaMorney/cUentpdvNegedmatedaland is, accorangly,confidenMi. This message is intended only for the individual or entity named above. If the receiver of this message is not the intended recipient, please be advised that any dissemination, distribution, or copying of this communloarlon Is strictly prohibifed. If you have received this communication in error. pease notify us by falephnne immediately and return the ollginal message to either above address via the US, Mall. Thank you. COMMENTS: Please see attached letter. ,Sent $y: BROWN,SALZMAN,WEISSBGARGANESE; 407 425 9596; Feb-10.04 4:31PM; Page 2/3 BROWN, SAL MAN, WEISS & GARGANES1 P.A Attorngs at law Usher L. Brown' Officcs u] O.LLuido, F:is8itntncc, Debra S. Babb-Nutcher Suzanne D'Agresta' Cocoa & Vies Joseph E. Blitch Anthony A. Garganess° Jeffrey P. Buak' Gary S. Salzman° John U. Siedenharn, Jr. John H. Ward' Douglas Lambert Jeffrey S. Weiss Katherine Latorre - Michelle A. Reddin Kimberly F. Whitfield 'Board Certified Civil Trial Lawyer 'Board Certified Business Litigation Lawyer 'Board Certified City, County & Local Government Law February 10, 2004 Via Facsimile and Mail Andrea Lorenzo-Luaces, City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 Re: City of Winter Springs ! Board Agendas Our File #1193 Dear Andrea: Erin J. O'Leary Of Counsel This letter is in response to your questions regarding the manner in which City boards conduct City business. You asked for my advice regarding the appropriate format of board agendas and whether publication of the board agenda, open public input, verbatim minutes and voice votes for board directives Is required by law. The following is my response: Board Agenda 1. I have found from my experience working with numerous cities that it is more efficient from an overall City perspective that all boards generally follow the same format and style used by the City Commission. Having a uniform agenda format will assist the public and City officials in understanding the orderly manner in which the City conducts all its board business. Different agenda formats for the various boards can be confusing to persons that have to deal with a multitude of City boards. Publication of Agenda 2. Although the Sunshine law requires notice of each City Commission or board meeting, the Sunshine law does not mandate that the City Commission or board provide notice on an agenda of each item to be discussed at a public meeting. Courts have not upheld such a stringent agenda requirement because It could effectively prohibit the public from bringing matters before a governing body like the City Commission. See Law and Information Services, Inc. v. City of Riviera Beach, 670 So. 2d 1014 (Fla. 40 DCA 1996); Hugh v. Stembridge, 278 So. 2d 288 (Fla. 3d. DCA 1973); Yarbrough v. Young, 462 So. 2d 515 (Fla. 161 DCA 1985). However, other laws or City policy may impose such a requirement. 225 East Robinson Street, Suite 660 • P.O. Box 2873 •Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 • Kisslmmee (321) 402-0144 • Cocoa & Viera (BOB) 425-9566 Website: www.orlandolaw.net • Email: agarganese@orlandolaw.net Sent @y: BROWN,SAL2MAN,WEI88&GA8GANE8E; 407 425 9596; 1-eb-1U-U4 a:JlHM; rage j» Andrea Lorenzo-Luaces, City Clerk City of Winter Springs February 10, 2004 Page 2 Public Input 3. City boards can provide a segment on their agenda to permit general public input. If the board does not have a general public input section, the board should establish a time limit and subject matter limitation on public input in order to conduct the City's business in an orderly and efficient manner. For example, speakers could be limited to five (5) minutes each and the subject matter should be limited to relevant board business. Verbatim Minutes 4. With respect to verbatim minutes, Florida Statutes do not require verbatim minutes of public meetings. Minutes should be limited to a brief summary or a series of brief notes or memoranda reflecting the events of the meetings. Members of the public that require verbatim minutes of a meeting are required to hire and compensate court reporters to attend and transcribe the meetings pursuant to Section 286.011(2), Florida Statutes. Whether or not your office must expend City resources to regularly prepare verbatim minutes of City board meetings is a policy decision for the City Commission. Voice Votes 5. It is strongly recommended that the board utilize voice votes rather than consensus. The use of voice votes by board members leaves no doubt as to the result of board decisions. Further, voice votes ensure that all actions and directives of the board are memorialized in the minutes and understood by City staff. Acting by consensus should be done sparingly. I trust that this letter is responsive to your request. If you have any further questions, please do not hesitate to call. Ve yours, Anthony A. Garganese City Attorney AAG:jf cc: Ronald W. McLemore, City Manager