Applicant Orientation for Membership on Citizen Committees, Boards & Authorities

1. Applicant Orientation for Membership on Citizen Committees, Boards & Authorities

2. Citizen participation is important in providing quality public services to the community.

3. OVERVIEW In this orientation, we will review the two types of committees and the three laws that apply to committee membership. Completing this orientation is required for all citizens interested in serving on committees, boards or authorities appointed by the Board of County Commissioners (BOCC).

4. COMMITTEE TYPE There are two types of committees:22 Decision Making Committees Focus Groups / Fact Finding Committees The committee type determines the applicability of the following three laws.

5. THE THREE LAWS The Public Records Law The Florida Code of Ethics The Sunshine Law This orientation highlights the requirements of the three laws and how they relate to Board appointed committees, boards and authorities.

6. COMMITTEE TYPE To determine the type of committee that you are applying for, please visit the committee website at: Leon County Citizen Committees

7. DECISION MAKINGCOMMITTEE Provides recommendations regarding matters to be considered for BOCC approval and is intended to become part of the BOCC decision-making process; or Makes decisions independent of the BOCC if so authorized, in accordance with its governing documents. Recommendations or decisions are made by taking votes.

8. FOCUS GROUP / FACT-FINDING COMMITTEE Provides a fact-finding source of community input and technical resources for use by staff in developing a Staff recommendation regarding a matter to be considered by the BOCC. Maintains a brainstorming focus. Does not take votes. Example: The Tallahassee Sports Council provides community input to staff regarding sports tourism related matters

9. Which laws apply to which committees? *Applies only to certain committees.

10. THE THREE LAWS The Public Records Law The Florida Code of Ethics The Sunshine Law Now let’s review the three laws.

11. THE PUBLIC RECORDS LAW Creates a right of access to records made or received in connection with official business of a public body. (Florida Statutes Chapter 119) The public may request copies of the records of any committee / board / authority.

12. THE PUBLIC RECORDS LAW • Applies to records developed by Citizen Committees / Boards / Authorities. • Applies to all types of records including written communications, letters, notes and e-mails. • As a member of a committee / board / authority, you are responsible for maintaining any public records created by or received by you. • Public Records include: All documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission made or received pursuant to law or ordinance or in connection with the transaction of official business by the agency.

13. THE CODE OF ETHICS Prohibits certain actions or conduct and requires certain disclosures be made to the public with regard to the following three essential elements: Standards of Conduct Voting Conflict Financial Disclosure (F. S. 112, Part III, Code of Ethics for Public Officers and Employees and the Fl. Constitution Art. II, Sec. 8)

14. THE CODE OF ETHICS Standards of Conduct • Soliciting and Accepting Gifts. You may not solicit or accept anything of value that is based on an understanding that your vote, official action, or judgment would be influenced by such a gift. • Accepting Unauthorized Compensation. You may not accept any compensation, payment, or thing of value that is given to influence your vote or other official action. • Misusing Your Public Position. You may not corruptly use your official position to obtain a special privilege for yourself or others. • Disclosing or Using Certain Information. You may not disclose or use information not available to the public and obtained by reason of your public position for the personal benefit of yourself or others.

15. THE CODE OF ETHICS Standards of Conduct (continued) • Doing business with the agency which you will be advising. A business entity in which you, or your spouse or child own more than a 5% interest, may not do business with the committee / board / authority on which you are a member. • Engaging in Conflicting Employment or Contractual Relationships. You may not be employed or contract with any business entity regulated by or doing business with the agency you will be advising. The BOCC may waive these two prohibitions when appointing a member to an advisory committee/board/authority.

16. THE CODE OF ETHICS Standards of Conduct (continued) • Should you find that you have an employment or contractual relationship that may create a continuing or frequently recurring conflict with regard to your participation in the committee that you are applying for, please complete Disclosure form 4A (part A), and include it with your application.

17. THE CODE OF ETHICS Standards of Conduct (continued) • Should you find that you will be participating in the competitive bid process for a County contract or contract with the agency that you, as a member of a committee, are advising, please complete Interest in Competitive Bid form 3A, and submit it prior to or at the time of the bid submission.

18. THE CODE OF ETHICS Voting Conflicts Prohibits you from voting upon any measure which would inure to the special private gain or loss of yourself, any principal or entity by whom you are retained, other than an agency as defined in the Fl. Stat. 112.312(2), or to any of your relatives or business associates. Including: • Your relatives (father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, or daughter-in-law) • Your business associate (A person or entity who is carrying on a business enterprise with you as a partner, joint venturer, co-owner of property, or corporate shareholder.)

19. Voting Conflicts of Interest What if I have a conflict of interest? • Upon having a voting conflict: • You must announce the nature of the conflict before the vote; abstain from voting; and file a memorandum of voting conflict (Form8B). • You may not participate in the discussion without first disclosing the nature of your interest in the matter (either in writing prior to the meeting, or orally as soon as you become aware that a conflict exists)

20. CODE OF ETHICS Financial Disclosure Some members appointed to committees / boards / authorities must file a Statement of Financial Interests Form 1 within 30 days of being appointed and then annually by July 1 of each year. • Financial Disclosure Forms are filed with the Supervisor of Elections. • More information is available on the Florida Commission on Ethics website: http://www.ethics.state.fl.us/ • The Committees / Boards / Authorities that are required to file the Financial Disclosure Form are listed on the next slide.

21. CODE OF ETHICS Financial Disclosure (continued) Members of the following Committees / Boards / Authorities must file an initial and then annual Statement of Financial Interests Form: • Architectural Review Board • Board of Adjustments & Appeals • CareerSource Capital Region Board • Code Enforcement Board • Housing Finance Authority of Leon County • Leon County Educational Facilities Authority • Leon County Research & Development Authority • Planning Commission

22. CODE OF ETHICS Financial Disclosure (continued) FINAL FORM 1F If you are a member of a Committee / Board / Authority that is required to file Form 1, when leaving the committee you must file an additional final Form 1F within 60 days of leaving your public position. The form covers the disclosure period between January 1 and your last day of office within that year.

23. THE SUNSHINE LAW Protects the public from “closed door” decision making and provides a right of access to governmental meetings. (F. S. Sec. 286.011 “Sunshine Law” and Fl. Constitution Art. I, Sec. 24) Gives the public access to meetings of “any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision”

24. THE SUNSHINE LAW • Allows the public to observe each preliminary step leading to the final decision. • Prevents the Board from creating closed committees that narrow the Board’s decisions. • Applies to Board appointed committees, boards & authorities. • It may also apply in some circumstances to an individual member of a committee / board /  authority, appointed by such body to negotiate, narrow decisions, or make decisions for the full body.

25. THE SUNSHINE LAW Meetings subject to the Sunshine Law include formal or casual discussions about a matter on which the Board or Committee may foreseeably take action, between: • Two or more Board members, or • Two or more members of a Decision Making Committee. Discussions may occur through telephone or e-mail communications, or exchanges during workshops, social events, football games and neighborhood barbeques.

26. THE SUNSHINE LAW The Sunshine Law imposes three Obligations of Openness: • Reasonable notice of meetings subject to the Sunshine Law must be given. • Requires giving the public reasonable and timely notice so they can decide whether to attend. • What is “reasonable” or “timely” depends on the circumstance. Does not necessarily require a newspaper advertisement. Contact the County Attorney’s office for guidance.

27. THE SUNSHINE LAW The Sunshine Law imposes three Obligations of Openness: • Public must be allowed to attend meetings and must be given reasonable opportunity to be heard on a proposition before the Committee. • Meetings cannot be held at exclusive or inaccessible facilities. • No evasive actions are allowed, such as: • Circulating written reports to elicit responses or positions on issues. • Using staff, lobbyists, or other means to seek other members’ positions about issues.

28. THE SUNSHINE LAW The Sunshine Law imposes three Obligations of Openness: • Minutes of the meetings are required. Written minutes must be taken and made available promptly. • Minutes may be a brief summary of meeting’s events. • Minutes are public records. • Minutes must record the votes. • Sound recordings may also be used, in addition to written minutes.

29. THE SUNSHINE LAW The Sunshine Law applies when… • Two or more members of a governing board (such as the Board of County Commissioners) discuss a matter that may foreseeably come before the governing board. • A governing board moves any part of its decision making process to a committee or group, thereby appointing an “alter ego.” This includes any discussions about a matter which may foreseeably come before a Decision Making Committee between one or more Committee member(s); or, in some circumstances, an individual Committee member who has been formally or informally authorized to exercise any decision-making authority or to reduce options for the Committee's consideration.

30. THE SUNSHINE LAW The Sunshine Law does not apply to … • Focus Groups / Fact-Finding Committees appointed to engage only in fact-finding activities. • Board created focus groups or other such committees that: • Only provide individual input, data and facts as part of staff’s development in its advisement to the Board. • Do not narrow options.

31. THE SUNSHINE LAW Penalties for Noncompliance Criminal Penalties: • It is a second degree misdemeanor to knowingly violate the Sunshine Law. • Punishable with a fine of up to $500 and/or up to 60 days imprisonment. Other Penalties Include: • Removal from position. • Payment of attorney’s fees incurred by the challenging party, as well as declaratory and injunctive relief. In addition, a violation of the Sunshine Law by an advisory Committee / Board / Authority, can nullify BOCC decisions.

32. Let’s Recap Which laws apply to which committees? *Applies only to certain committees.

33. DUAL OFFICE-HOLDING Prohibition of Dual-Office Holding What is dual office-holding? Article II, section 5(a), of the Florida Constitution, provides: No person holding any office of emolument under any foreign government, or civil office of emolument under the United States or any other state, shall hold any office of honor or of emolument under the government of this state. No person shall hold at the same time more than one office under the government of the state and the counties and municipalities therein, except that a notary public or military officer may hold another office, and any officer may be a member of a constitution revision commission, taxation and budget reform commission, constitutional convention, or statutory body having only advisory powers. So please indicate on your application which, if any, other committees/boards/ councils/authorities you are currently serving on. In addition, County Policy No. 03-15 allows for an applicant to be appointed to only one Citizen Committee at a time, except for those serving or applying to serve on Ad Hoc Committees (a Citizen Committee established for a specific task or objective, and dissolved after the completion of the task or achievement of the objective.)

34. Let’s review what you have learned! Committee Training Review Questions • As it relates to Board appointed Committees, Leon County has an obligation to comply with what three laws? • Answer #1: • Leon County must comply with the following laws: • Sunshine Law (F.S. Sec. 286.011) • Public Records Law (F.S. Chapter 119) • Code of Ethics Law (F.S. 112)

35. Let’s review what you have learned! Committee Training Review Questions • What are three Obligations of Openness imposed by the Sunshine Law? • Answer #2: • The Sunshine Law imposes three Obligations of Openness: • Reasonable notice of meetings • Public must be allowed to attend • Minutes of meetings are required

36. Let’s review what you have learned! Committee Training Review Questions • Is the Sunshine law applicable to Decision Making Committees? Answer #3: Yes The Sunshine Law does apply to Decision Making Committees.

37. Let’s review what you have learned! Committee Training Review Questions • Is the Sunshine law applicable to Focus Groups / Fact-Finding Committees engaged only in fact-finding activities? Answer #4: No. The Sunshine Law does not apply to Focus Groups / Fact-Finding Committees only engaged in fact-finding activities.

38. Let’s review what you have learned! Committee Training Review Questions • Are informal or casual discussions at a backyard barbeque between two or more members of a Decision Making Committee, regarding matters to be discussed at a future meeting, subject to the Sunshine Law? Answer #5: Yes. These informal or casual discussions regarding matters to be discussed at a future meeting may be subject to the Sunshine Law.

39. Let’s review what you have learned! Committee Training Review Questions • Are there criminal penalties associated with violation of the Sunshine Law? • Answer #6: • Yes. • Second Degree Misdemeanor • Fine up to $500 and/or 60 days imprisonment

40. Let’s review what you have learned! Committee Training Review Questions • Are the notes taken and / or documents distributed at Board appointed committee / board / authority meetings subject to the Public Records Law? Answer #7: Yes. The Public Records Law applies to all types of records including written communications, letters, notes and e-mails.

41. Let’s review what you have learned! Committee Training Review Questions • As it relates to Board appointed committees / boards / authorities, what are the three areas addressed by the Code of Ethics Law? • Answer #8: • Standards of Conduct • Voting Conflict • Financial Disclosure

42. Let’s review what you have learned! Committee Training Review Questions • May a Board appointed committee member solicit or accept gifts or unauthorized compensation used to influence a vote or other official action? Answer #9: No. Standards of Conduct prohibit such actions.

43. Let’s review what you have learned! Committee Training Review Questions • Under the Voting Conflict of Interest, are committee members allowed to vote on matters that will inure to their special private gain or loss? Answer #10: No. Committee Members may not vote on matters that will inure to their special private gain or loss.

44. This concludes your orientation • Thank you for participating in this training! • Be sure to complete the online application, • and please attach your resume for consideration.

45. Have questions or need more information? We’re happy to assist, just contact:Mary Smach, Agenda Coordinatorp. (850) 606-5300e. Smachm@LeonCountyFL.gov

46. Thank You!