Technical Advisory Committee Training January 30, 2019 Government - - PowerPoint PPT Presentation

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Technical Advisory Committee Training January 30, 2019 Government - - PowerPoint PPT Presentation

NAPLES AI RPORT AUTHORI TY Technical Advisory Committee Training January 30, 2019 Government in the Sunshine 2 Sunshine Law Protects the public from closed door decision making and provides a right of access to governmental meetings.


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NAPLES AI RPORT AUTHORI TY

Technical Advisory Committee Training

January 30, 2019

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Government in the Sunshine

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Sunshine Law

Protects the public from “closed door” decision making and provides a right of access to governmental meetings.

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The Sunshine Law applies when --

  • Two or more members of a governing board

discuss a matter that may foreseeably come before the governing board.

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REQUIREMENTS OF SUNSHINE LAW

  • 1. OPEN TO THE PUBLIC
  • 2. REASONABLE NOTICE
  • 3. MINUTES OF EACH MEETING

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OPEN TO THE PUBLIC

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Meetings Must be Open to the Public

The public must be allowed to attend meetings; however, there is no obligation to allow the public to participate. The location:

  • Must be accessible
  • Sufficient size for turnout
  • Facility cannot discriminate based on age, race, etc.
  • Public access not unreasonably restricted
  • Be within Collier County with few exceptions

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E-Mails

Emails of factual background information from one board member to

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board members are permitted if there is no exchange

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board members’ comments or responses on subjects requiring board action.

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Written Correspondence

A board member may send documents on matters coming before the Board for official action to other board members, PROVIDED there are no responses from,

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interaction related to documents among, the board members prior to the public meeting.

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NOTICE

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II.

Reasonable notice of meetings must be given.

  • The public must be given reasonable and timely notice

so they can decide whether to attend.

  • What is “reasonable” or “timely” depends on the
  • circumstance. It does not necessarily require a

newspaper advertisement.

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MINUTES

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III.

Minutes of the meeting are required. Written minutes must be taken and made available promptly.

  • Sound recordings may also be used, but only in

addition to written minutes.

  • Minutes may be a brief summary of meetings’ events.
  • Minutes are public records.
  • Minutes must record the votes.

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What Happens if we violate the Sunshine Law?

  • Action may not be binding
  • Within limitations, some actions may be cured by

independent, final action taken completely in the Sunshine.

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What Happens if I violate the Sunshine Law? Possible Criminal and Civil Penalties

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Sunshine Law Applications

  • Does not apply to members of different boards or

committees

  • Social events are fine – but do not discuss TAC

business

  • Does not apply to a meeting between a Committee

Member and a private citizen

  • Does not apply to staff so long as staff is in a fact-

finding mode

  • Applies to staff once staff become part of the decision

making process

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POP QUIZ

  • Does Sunshine apply if a TAC member discusses an

issue with Commissioner Donna M. Messer?

  • Does Sunshine apply if a TAC member discusses an

issue with Vice Mayor Gary Price?

  • Does Sunshine apply if a TAC member discusses an

issue with Peter Green?

  • Does Sunshine apply if a TAC member discusses an

issue with any staff member?

  • Does Sunshine apply if two TAC members discuss an

issue?

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Public Records

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The Definition of Public Records Open to Inspection to Any Person is Very Broad.

A public record encompasses all materials made or received by an agency in connection with

  • fficial business which are used

to perpetuate, communicate or formalize knowledge, regardless

  • f whether such materials are in

final form.

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Public Records Law

Public Records include: All documents, paper, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of physical form, characteristics, or means of transmission, made

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received pursuant to law

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  • rdinance or in connection with the transaction of official

business by any agency.

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Public Records Requests

Can be made verbally or in writing by any person

The Appointed Committee:

  • Has a “reasonable” time to respond
  • Can charge for the cost of retrieving records if the amount

requested is voluminous The Public Records Law does not require:

  • The retention of records for an indefinite period of time (this is

covered by the State’s records retention policy)

  • The creation of records or the provision of records in the format

requested

  • An explanation of the records

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PENALTIES

A violation of the Public Records Act carries both civil and criminal penalties!

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QUESTIONS?

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