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HomeMy WebLinkAboutHandouts_Workshop_Tab 01_04/01/2013 � Z�� G���� �����iD; �� • ATTORNEYS AT LAW 1111 Hypoluxo Road, Suite 207 `y���� �� ��462 JOHN CORBETT TELEPHONE (561) 586-7116 TRELA J. WHITE TELECOPIER (561) 586-9611 KEITH W. DAVIS* BRADLEY W. BIGGS*^ * Board Certified in City, County and Local Government Law R. MAX LOHMAN ^ State Certified County and Circuit Court Mediator ABIGAIL FORRESTER JORANDBY JENNIFER GARDNER ASHTON **AICP, LEED AP ERIN L. DEADY, P.A., Of Counsel** TO: Mayor Brennan; Vice Mayor Arena; Council Members D'Ambra, Okun and Paterno CC: Village Manager Couzzo FROM: Village Attorney Davis DATE: March 22, 2013 RE: Legal Update In conjunction with my annual Legal Update to be given at the April 1, 2013 Workshop, I am providing you with the following highlights/bullet points, representing the most important and directly applicable items you each should keep in mind as you serve on the Village Council: 1. COUNCIL-MANAGER FORM OF GOVERNMENT: a. COUNCIL members are elected by the citizens and the Council is vested with LEGISLATIVE authority. Council is the policy maker. (Council decides on the destination) b. The MANAGER is a professional administrator hired by the Council to serve as Chief ADMINISTRATIVE Official. The Manager administers and enforces the policy made by the Council. Moreover, the Manager hires and fires all Village employees. (The Manager decides the best way to get to the destination). 2. RELATIONSHIP BETWEEN COUNCIL, MANAGER AND VILLAGE STAFF a. The Charter (2.12) specifically prohibits Council members from interfering with the Manager's administration of Village operations. "Except for the purpose of investigations authorized by the Village Council, the Council and its members shall deal with Village employees solely through the Manager and neither the Council nor its members shall give orders to any such officials or employees, either publicly or privately." Viola 'on of tl�is type of provision can be grounds for legal action via recall petition process. �v��s�nc�> b. Essentially, unless the Council as a body authorizes any particular council member to conduct an investigation by speaking to employees (investigation means "inquiry" in other words, ask questions, obtain facts), then Council members are not permitted to direct staff in the performance of their duties in any manner whatsoever. Any such direction must be given to the Manager, who will then determine the most appropriate manner in which to proceed. c. Generally, a majority of the Council (3 votes) is required to take any action (Charter 2.09). No one council member may direct the Manager, unless that authority has been given to such Council member by the Council itself. 3. ADMINISTRATION a. The Charter (3.03) allows the Council to adopt personnel policies. b. The Charter (3. OS) allows the Council to establish Village Departments. c. The Manager administers the operation of all aspects of the Village in all other capacities. 4. SUNSHINE LAW a. Meetings of Council members where official action or discussion about official action take place must be open to the public, noticed, and recorded via minutes. b. Council members may not discuss any matter on which foreseeable action will be taken by the Council, except in a public, noticed and recorded Sunshine meeting. a c. Knowing and intentional violation carries criminal penalties. d. Sunshine law does not apply to Manager or attorney. Thus, any one council member may have "` private discussions with these persons at any time. e. One way communication from one council member to all others (via e-mail or written memo for example) does not violate Sunshine Law. However, if interaction/discussion/response ensues, then there would be a violation. £ Exceptions include litigation "shade" meetings and collective bargaining meetings with Village negotiator while bargaining is ongoing. 5. PUBLIC RECORDS a. Any document, regardless of inedium within which it is created, made or received in connection with Village business, is a public record. b. Includes e-mail, text messages, and social media messages. c. If created on your personal e-mail, you are responsible for maintaining the document pursuant to state records retention guidelines. Therefore, recommend limiting village business to village maintained e-mail addresses. Avoid text messages and avoid using social media far village related matters. d. Knowing violations carry criminal penalties. 6. GIFTS a. Any gift from a vendor or lobbyist with annual aggregate value that exceeds $100.00 is prohibited. b. Quarterly gift disclosure reports for any gifts with value of $100.00 or more must be made. Gifts from relatives are exempt from this requirement. 7. VOTING CONFLICTS a. Any item before the Council for action that would result in a personal financial benefit or loss, or a financial benefit or loss to family member or spouse, or principal or business associate. b. The affected Council member must abstain from participation and voting, must disclose the nature of the conflict, and must complete a voting conflict form which gets appended to meeting minutes.