HomeMy WebLinkAboutLegal Opinion_Resign to Run Pension and P&Z_02/14/2012 McWilliams, Lori
From: Keith Davis [Keith @corbettandwhite.com]
Sent: Tuesday, February 14, 2012 2:43 PM
To: McWilliams, Lori
Cc: Telfrin, Debra; Couzzo, Michael
Subject: RE: FRANK D'AMBRA FW: Qualified
Ladies and Gentlemen:
First of all, congratulations to Mr. D'Ambra and Mr. Okun. I think that they will both be valuable additions to
the Village Council and I look forward to working with both them and the incumbent council members in the upcoming
year.
Be aware that the open government (Sunshine) law is now applicable to both Mr. Okun and Mr. D'Ambra as
Village Council Members Elect. Of course, it continues to apply to Mr. Arena as well as Mr. Paterno and Ms. Brennan.
As such, neither Mr. Okun nor Mr. D'Ambra may have any communications with other Village Council members on any
topic about which foreseeable council action may be taken. Additionally, for Mr. D'Ambra, it continues to apply to his
communications with pension board members. Further, for Mr. Okun, it continues to apply to his communications with
PZAB members until his seat is vacated upon his being sworn in as a council member.
Next, regarding Mr. D'Ambra's continued service on the pension board, Sec. 2 -33 of the Village Code provides
that a council member may serve on either the public safety pension board or the general employee pension board in an
ex- officio capacity. This means that he CAN serve on the pension board and the Village Council simultaneously. The
code section does not specify that the council member must hold a particular seat; however, I think it's prudent to have
the council acknowledge and approve this arrangement. This can be done at the annual re- organization meeting.
Finally, with regard to Mr. Okun moving from PZAB to the Village Council, since the resign to run law does not
apply to our PZAB members (resign to run does not apply to persons serving without salary who are members of an
appointed board), Mr. Okun will sit on the February 17 PZAB since he is not yet sworn as a council member. However,
his seat on the PZAB will become vacant upon his being sworn as a council member.
If you have any further questions, please call. Please forward this correspondence to Mr. D'Ambra and Mr.
Okun so that they are aware.
Keith W. Davis, Esquire
Tel: (561) 586 -7116
Fax: (561) 586 -9611
Email: keith @corbettandwhite.com
From: McWilliams, Lori [ mailto:lmcwilliams @tequesta.org]
Sent: Tuesday, February 14, 2012 11:11 AM
To: Keith Davis
Cc: Telfrin, Debra; Couzzo, Michael
Subject. FW: FRANK D'AMBRA FW: Qualified
Keith,
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Additionally, Steve Okun serves as a member of the Planning and Zoning Board.
Lori
From: McWilliams, Lori
Sent: Tuesday, February 14, 2012 11:11 AM
To: 'Keith Davis'
Cc: 'frankdamb @comcast.net; 'frank @poiesismedical.com'; 'Debbie Telfrin (E- mail)'; 'Michael Couzzo (E- mail)'
Subject: FRANK D'AMBRA FW: Qualified
Keith,
The Village Manager has asked me to forward you the email below from Frank D'Ambra and has requested that you
review and provide a response.
Thank you,
Lori
From: Frank D'Ambra fmailto :frank0poiesismedical.coml
Sent: Tuesday, February 14, 2012 11:03 AM
To: McWilliams, Lori
Cc: Couzzo, Michael; Tom Patemo (Bellsouth)
Subject: RE: Qualified
Lori,
Having qualified but not being sworn in until April, unless the council decides to do something at the conclusion of the
March council meeting, what are our limitations with respect to conversations with current council members during this
interim period. Also, Ray and Dave have indicated they have no objection to my continuing on the pension board. There
was an email exchange with the village attorney on this issue some time ago and my recollection is that it might be
necessary for me to resign from the board and then be reappointed by the council if the council so chooses. Could you
please look into this issue and let the council and me know how we need to proceed? Thank you for all your help.
Best Regards,
Plies
MEDICAL
Frank D'Ambra III
Senior Vice President & COO
0: 561.842.7560 x502
C: 561.676.5313
frank @poiesismedical.com
www.poiesismedical.com
250 Tequesta Drive, Suite 200
Tequesta, Florida 33469
Better Patient Care by Design""
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From: McWilliams, Lori fmailto :lmcwilliamsOleguesta.orcal
Sent: Tuesday, February 14, 2012 10:31 AM
To: frankdamb@comcast.net frank poiesismedical.com
Subject: Qualified
Frank,
Congratulations, you have qualified for office. Lori
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McWilliams, Lori
From: Keith Davis [Keith @corbettandwhite.com]
Sent: Wednesday, March 14, 2012 4:59 PM
To: McWilliams, Lori
Subject: Former Council Members
Lori:
Since Mr. D'Ambra and Mr. Okun will be sworn in at the beginning of the next meeting convened by the Village
Council, Mr. Humpage and Mr. Turnquest are effectively off council and therefore are no longer bound by the Sunshine
Law as far as their service on the Tequesta Village Council is concerned.
Note that Mr. D'Ambra and Mr. Okun ARE bound thereby and have been since becoming council members
elect.
Keith W. Davis, Esquire
o
1111 Hypoluxo Road, Suite 207
Lantana, Florida 33462
Tel: (561) 586 -7116
Fax: (561) 586 -9611
Email: keith(a)corbettandwhite.com
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