HomeMy WebLinkAbout02-07-2007 Commission MinutesBROWN, GARGANESE, WEISS & UAGRESTA, P.A.
Attorn ys at Law
Debra S. Babb-Nutcher° Offices in Orlando, Kissimmee, Cocoa, Vivian Coeotas
Joseph E. Blitch Ft. Lauderdale & Tampa Michael O'Brien Colgan
Usher L. Brown • Scott J. Domstein
Suzanne D'Agresta° Mitchell B. Haller
Anthony A. Garganese° Katherine W. Latorre
J.W. Taylor Amy J. Pitsch
Jeffrey S. Weiss _
'Board Certified Civil Trial Lawyer
'Board Certified City, County & Local Government Law
February 7, 2007
Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Re: City Commission Minutes
Dear Andrea:
Erin J. O'Leary
Catherine D. Reischmann
William E. Reischmann, Jr.
Of Counsel
This letter is in response to your question regarding the formalities by which the minutes of
informal and workshop meetings of the City Commission must be prepared and approved.
The Sunshine Law does not recognize any distinction between the types of meetings which
may fall within the scope of the Sunshine Law relative to preparing and approving minutes. Because
the Sunshine Law does not recognize any distinction between the types of meetings that the City
Commission may hold, the Florida Attorney General previously opined that the minutes required to
be kept for "workshop" meetings are no different than those required for any other meeting of a
public board or commission. See AGO 74-62. As such, if the City Commission holds a duly noticed
meeting , you should prepare the minutes of that meeting in a manner that is acceptable under the
Sunshine Law. Further, those minutes should be approved by the City Commission at a subsequent
regular meeting.
With respect to the content that must be contained in the minutes, I want to remind you that
the term "minutes" is not specifically defined under the Sunshine Law. However, the Florida
Attorney General has concluded that the term minutes means a brief summary or series of brief notes
or memoranda reflecting the events of a public meeting in written form. See AGO 82-47. The
Attorney General's opinion appears consistent with Roberts Rules of Order which provides that the
recording secretary should record what is "done" by the assembly, and not what is "said by the
members." In other words, verbatim minutes of part or all of the meeting are neither required nor
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 (866) 425-9566 - Ft. Lauderdale (954) 670-1979
Website: www.oriandolaw.net - Email: firm@odandolaw.net
February 7, 2007
Page 2
recommended; except, however, the contents of any motion can be stated verbatim for purposes of
memorializing what was "done" by the City Commission.
Lastly, I want to address that under city policy, your department posts courtesy notices of
other non -city commission meetings that the Mayor and/or one or more city commissioners may be
in attendance. Said policy is in furtherance of the Florida Attorney General's recommendation which
is set forth in AGO 98-79. As long as your department does not inadvertently notice these non -city
commission meetings as city commission meetings, it is my view that the preparation of minutes by
your department for these non -city commission meetings is not required even if the Mayor and/or city
commissioners speak at these non -city commission meetings. See AGO 98-79 (city commissioners
can express their views provided the city commissioners in attendance do not engage in discussions
among themselves) Minutes are required only when the meeting rises to the level of an actual city
commission meeting as defined by the Sunshine Law.
In sum, if a meeting of the Mayor and/or one or members of the City Commission rises to
the level of a City Commission meeting as defined by the Sunshine Law (whether it is a regular,
special, workshop, or informal meeting), the meeting should be noticed in advance as a City
Commission meeting and minutes of that meeting must be taken. Those minutes should later be
approved by the City Commission at a subsequent regular meeting of the City Commission
regardless of how the type of meeting is described.
Realizing that this letter may cause you to slightly adjust some of the past practices of your
department relative to approving minutes, I would appreciate your forwarding this letter to the Mayor
and City Commission so they can understand the reasoning behind your decision.
If you have any questions regarding this matter please do not hesitate to call.
Ve truly urs,
Anthony A. Garganese
City Attorney
AAG/kdm
cc: City Manager