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Home My WebLink AboutDocumentation_Regular_Tab 10H_4/11/1996 JONES, FOSTER, JOHNSTON & STU] Yo • ATTORNEYS AND COUNSELORS • FLAGLER CENTER TOWER 505 SOUTH FLAGLER DRIVE LAPRr B ALEXANDER MICHAEL T.KRANZ ELEVENTH FLOOR - Village( CARL ANGELOFF JOHN BLAIR MCCRACKEN WEST PALM BEACH,FLORIDA 33401 STEPHENJ AUCAMP BCOTT L.MCMULLEN HARR AL M.TRACEY BIAOIOTTI DAVID PRATT P.O. BOX 3475 ,LISOLISOiseNJOH NSTON CJOYCE AY C SROOKERNWA JOHN TEV N.RANDOLPH APR - 1 1996 J A CONWAY $TEVEN J ROTHMAN WEST PALM BEACH,FLORIDA 33402-3475 .BRUCE JONES . MARGARET L.COOPER PETER A.SACHS EDWARD DIAZ D CULVER SMITH III (407)850-3000 1904"I968 REBECCA 0 DOANE SIDNEY A.STUBBS - AUL C.WOLFE CHRISTOPHER S DUKE ALLEN R.TOMLINSON FAX:(407)832-1 454 t p Manager's ] qy �93.3i /991 H.MICHAEL EASLEY • ' JOHN S.TRIMPER Village Manager's Office SCOTT G HAWKINS MICHAEL P.WALSH RETIRED THORNTON M.HENRY BRIAN K.WAXMAN -. LIAM A.FOSTER PETER S.HOLTON H ADAMS WEAVER WRITERS DIRECT LINE: OF COUNSEL MARK B KLEINFELD L.MARTIN FLANAGAN JACK A PLISCO March 29, 1996 VIA FAX: 575-6203 Mr. Thomas G. Bradford Village Manager Village of Tequesta Post Office Box 3273 . Tequesta, Florida 33469-0273 RE: Village of Tequesta Our File No. 13153 . 1 Dear Tom: Please find enclosed that provision of Section 286. 011, Florida ' Statutes, relating to public meetings which provides that a municipal corporation and the chief administrative officer of the • governmental entity may meet in private with the entity's attorney to discuss pending litigation providing certain conditions are met. • Please take specific note of those conditions as they are applied strictly. For purposes of the next agenda of the Village Council, please note that the Village should give reasonable public notice of the time and date of the session and the names of persons who will be attending the session. If. you have any questions in regard to this matter, please do not hesitate to contact me. • Sincerely, • JONES, OSIER, JOHNSTON & STUBBS, P.A. n C. Randolph • JCR\ssm Enclosure p995 F.S. 1995 PUBLIC BUSINESS; MISCELLANEOUS PROVISIONS — _Ch. 286 based. The requirements of this section do not apply to appeals any court order which has found said boarc the notice provided in s 200 065(3). commission. agency. or authority to have violated this • History. ' 80 151) '4 x'. "� :�`= c" 9b-i4+1 section, and such order is affirmed, the court shall •io more 286.011 Public meetings and records; public assess a reasonable attorney's fee for the appeal against such board, commission, agency, or authorit y shall be inspection; criminal and civil penalties.— Any fees so assessed may be assessed against the indi- copies (1) All meetings of any board or commission of any • vidual member or members of such board or commis •ties and state agency or authority or of any agency or authority cipients of any county,municipal corporation,or political subdivi- lion,provided,that in any case where the board or corn • sion, except as otherwise provided in the Constitution, mission seeks the advice of its attorney and such advice :uired of at which official acts are to be taken are declared to be is followed, no such fees shall be assessed against the •ative, or public meetings open to the public at all times, and no individual member or members of the board or commis- sion. Board resolution, rule, or formal action shall be considered . or the binding except as taken or made at such meeting. The (6) All persons subject to subsection(1)are prohib division, board or commission must provide reasonable notice of ited from holding meetings at any facility or location all such meetings. which discriminates on the basis of sex, age, race. The minutes of a meetingof anysuch board or creed, color, origin, or economic status or which oper- graphic (2) ates in such a manner as to unreasonably restrict public provided commission of any such state agency or authority shall access to such a facility. I may be be promptly recorded, and such records shall be open (7) Whenever any member of any board or commis • division to public inspection.The circuit courts of this state shall sion of any state agency or authority or any agency or have jurisdiction to issue injunctions to enforce the pur- authority of any county, municipal corporation, or politi- of biblio- poses of this section upon application by any citizen of cal subdivision is charged with a violation of this section this state. and is subsequently acquitted,the board or commission le is- (3)(a) Any public officer who violates any provision 9 is authorized to reimburse said member for any portion ant, the of this section is guilty of a noncriminal infraction. pun- • • of his or her reasonable attorney's fees. 3oard of ishable by fine not exceeding $500. (8) Notwithstanding the provisions of subsection(1). free of (b) Any person who is a member of a board or corn- any board or commission of any state agency or author- mission or of any state agency or authority of any ity or any agency or authority of any county, municipal - properly county, municipal corporation, or political subdivision corporation,or political subdivision,and the chief admin duplica- who knowingly violates the provisions of this section by istrative or executive officer of the governmental entity. attending a meeting not held in accordance with the pro may meet in private with the entity's attorney to discuss :ive head visions hereof is guilty of a misdemeanor of the second pending litigation to which the entity is presently a party ..ncy and degree, punishable as provided in s. 775.082 or s. before a court or administrative agency, provided that Colleges, 775.083. • the following conditions are met: Commis- (c) .Conduct which occurs outside the state which (a) The entity's attorney shall advise the entity at a :ally shall would constitute a knowing violation of this section is a public meeting that he or she desires advice concerning -lanaged, misdemeanor of the second degree, punishable as pro- the litigation. .gh elec- vided in s. 775.082 or s. 775.083. (b) The subject matter of the meeting shall be con- (4) Whenever an action has been filed against any fined to settlement negotiations or strategy sessions =,trued to board or commission of any state agency or authority or related to litigation expenditures. ertain- any agency or authority of any county, municipal corpo- =i p (c) The entire session shall be recorded by a certi- nts to the ration, or political subdivision to enforce the provisions Pied court reporter. The reporter shall record the times of this section or to invalidate the actions of any such of commencement and termination of the session, all 92-142;s.29. board, commission, agency, or authority, which action discussion and proceedings, the names of all persons shaft be con- was taken 'in violation of this section, and the court resent at an time,and the names of all persons speak- .;maintenance determines that the defendant or defendants to such p y ;d by thtS act. action acted in violation of this section, the court shall ing.No portion of the session shall be off the record.The -co0ection and assess a reasonable attorney's fee against such courtreporter's notes shall be fully transcribed and filed with the entity's clerk within a reasonable time after the agency, and may assess a reasonable attorney's fee -ings must against the individual filing such an action if the court meeting. -al.—Each finds it was filed in bad faith or was frivolous.Any fees (di The entity shall give reasonable public notice of or of any so assessed may be assessed against the individual the time and date of the attorney-client session and the a notice of member or members of such board or commission;pro- names of persons who will be attending the session.The ng or hear- vided, that in any case where the board or commission session shall commence at an open meeting at which Dr agency, seeks the advice of its attorney and such advice is fol the persons chairing the meeting shall announce the it, if a per- lowed, no such fees shall be assessed against the indi- commencement and estimated length of the attorney- :he board, vidual member or members of the board or commission. client session and the names of the persons attendinge natter con- However,this subsection shall not apply to a state attar- At the conclusion of the attorney-client session, the a will need ney or his or her duly authorized assistants or any officer meeting shall be reopened,and the person chairing the n purpose, charged with enforcing the provisions of this section. meeting shall announce the termination of the session. ,-1 record of (5) Whenever any board or commission of any state (e). The transcript shall be made part of the public ;es the tes- agency or authorityor anyagency or authorityof anyrecord upon conclusion of the litigation. 9 Y 9 Y History.—s.1.ch.67-356:s.159,ch.71-136;s.1,ch.78-365;s.6.ch.85-3C' al is to be county, municipal corporation, or political subdivision s.33,ch.91-224:s.1.ch.93-232:s.210.ch.95-148:s.1.dn.95-353 503 -