Okay.

Good morning, everyone.

Welcome to the 2025 board training.

Hi, Bill.

Like, I don't want to have to use this today.

So we are based on some comments.

We've done this different ways.

We've done it all in person.

We've done it all virtual.

And then we had some feedback last year that was requesting a change to perhaps having it in person again.

So we have, thank you, you all here today.

And we do have a number of people online, and I'm sure some who will be reviewing this recording at a later date who weren't able to attend either online or in person live.

So for those of you who have not had the pleasure of sitting through one of these before, my name is Kelly Fernandez.

I'm the city attorney.

And we are required to do this training of all of our board members annually because of a lawsuit that predates my firm's time representing the city of Venice, but it was a public records sunshine law lawsuit that is still the costliest, I believe, lawsuit on these issues.

And as part of a settlement agreement, the city agreed to conduct an annual training of its board members.

It used to be council members as well, but now state law changed a couple years ago that requires every elected official to have four hours of training.

So they are exempted from having to attend this board training and know that yours will not be four hours long.

I think generally we're done well within an hour, if not less.

But for those of you who have been through this training many times, I apologize because the material doesn't really change.

Our laws stay the same.

We'll have some new examples to show you of people who have violated sunshine law and public records around the state, but otherwise the content is more or less the same.

I do find value.

I do get the question almost every year, so I'll preemptively answer it of when can we stop doing this annual training?

And my answer is never, because one, we're required to do it by settlement agreement.

So I'd have to go back to the court and request and to the uh opposing party and request a modification of that settlement agreement, which I don't really want to do.

And more importantly, I think there's value, even if you've heard this presentation for 10 years, there's value in you hearing it for an 11th year, a 12th year, et cetera.

Just reinforcing these very important um items of state law that every board member of any advisory board in the state must follow.

So you are not unique.

Um with that said, I am happy to answer questions at any point during this proceeding, either from the people virtually online.

I believe they have their own mechanism of being able to yep, raise your hand, ask a question, or or verbally, I think we'll be able to hear you if you interrupt.

Um, but otherwise, my intention today is to start with the PowerPoint presentation, which is speaks to the generalities of what's required by Florida's Sunshine Law and Public Records Act.

Then we will go through some examples of uh recent examples of violations that have occurred in other places in the state, and then we'll conclude with everyone's favorite quiz.

So can you I can't see my PowerPoint.

There we go.

What is government in the sunshine?

The reason we have these laws and Florida does I won't say we're unique, but we do have a stronger transparency authorities we in Florida versus other states, and that is established by not only our state laws, but our Florida Constitution and enshrines the public's right to have full knowledge of the decision making process and what the uh decision makers are doing, both publicly and behind the scenes.

So we have strong public records act and strong Florida Sunshine Law.

We'll start with the sunshine law, and there's three basic requirements.

Every meeting has to be open to the public.

We have to provide a reasonable notice of the meetings and minutes have to be taken.

So for the second two, reasonable notice and minutes of the meeting being taken, we rely on our wonderful clerk's office.

They are uh responsible for doing any of the publications that you see in the newspaper on our online, so that anyone who has an interest in the topic of your board is able to have knowledge of first of all where where and when your meetings are, and then also what you might be discussing at that particular meeting.

So they're able to come and speak or just listen to your proceedings.

Minutes is obviously a very important component of this too, because for anyone who wasn't able to attend, they're able to have an understanding of what was accomplished or what wasn't accomplished, what might be taken up at a later date.

And we also then have a record for years down the road to maintain what knowledge of what that board has done.

Sunshine law then applies to any gathering, whether it's official, like at a public meeting or informal out in the public of two members or more of the same board.

So again, that same board is the key.

If you're a member of the police pension board, you're free to talk to city council.

If you're a member of the planning commission, you're free to talk to the Stork and Architectural Preservation Board.

You're just unable to speak to someone on your same board about any matter.

Now we're going to move on to number three, on which foreseeable action will be taken by your board.

So that would be a voting item or something that you know is coming up, or something that you are have some level of belief will be coming up.

So if it's past action, completely finished, your board is never going to take it up again.

You can talk to each other about it once the matter is finished.

But if you um have any inclination to believe that item is going to be may come, whatever you want to talk to another board of member about may come before your board in the future.

The only appropriate place, the only legally authorized place to discuss that with a another board member is at a noticed meeting of your board.

Open all your meetings have to be open to the public.

So that means they're accessible, they're adequate as far as the space, it can handle people to show up.

Um you could not have your meeting at a uh private property where the public doesn't have a right to come to it.