HomeMy WebLinkAboutDocumentation_Workshop_Tab 01_03/13/2014 ��� �%��� ����; �;?��
A'PfORNEYS AT LAW
1111 Hypolmco Road, Saite 207
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JOHN CORBEI"I' TELEPHONE (561) 586-7116
TRELA J. WHI1'E TELECOPIER (561) 586-9611
KEITH W. DAVIS°
R MAX LOHMAN p Board Certified in City, Coimty and Lacal Govemment I.aw
ABIGAIL FORRESTIIi dORANDBY
J�NNIFER GARDNER ASHTOAT '�*AICP, LEED AP
ERIlV L. DEADY, P.A., Of Counsel��
TO: Mayor Brennan; Vice Mayor Arena; Council Members D'Ambra, Okun and Paterno
CC: Villa.ge Manager Couzzo
FROM: Village Attomey Davis
DATE: Mazch 20, 2014
RE: Legal Upda.te
In conjunction with my annual Legal Update to be given at the March 31, 2014 Workshop, I am providing
you with the following highlights/bullet points, representing the most importa.nt and directly applicable
items you each should keep in mind as you continue to serve on the Village Council:
1. COUNCIL-MANAGER FORM OF GOVERNMENT:
a. COUNCIL members aze 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 golicy ma.de by the
Council. Moreover, the Manager hires and fires all Villa.ge employees. (The Ma.nager decides
the best way to get to the destination).
2. RELATIONSHIl' BETWEEN COUNCIL, MANAGER AND VII.,LAGE 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 Mana.ger and neither the Council nor its members shall give orders to any such officials or
employees, either publicly or privately." Violation of this type of provision can be grounds for
legal action via recall petition process.
b. Essentially, unless the Council as a body authorizes any particular council member to coaduct an
investigation by speaking to employees (investigation means "inquiry" in other words, ask
questions, obta.in 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 m�nner in wUich to proceed.
c. A majority of the Council (3 votes) is required for the Council to take any action (Charter 2.09).
No one council member may direct the Manager, unless that authority has heen given to such
Council member by action of the Council itself.
3. ADMINISTRATTON
a. The Charter (3.03) allows the Council to adopt personnel policies.
b. T'he Charter (3.05) allows the Council to establish Village Departments (Once established though,
the Manager is responsible for their operarion).
c. The Manager ad.ministers the operation of a11 aspects of the Village in all other ca.pacities.
4. SUNSI�NNE 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 ta.ken by the
Council, except in a public, noriced and recorded Sunshine meeting.
c. Knowing and intentional violation catries criminal penalties.
d. Sunshine law does not apply to Manager or attomey. T'hus, 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.
f. Exceptions include litigation "shade" meetings and collective bazgaining meetings with Village
negotiator while bargaining is ongoing.
5. PUBLIC RECORDS
a. Any document, regazdless 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. [f created on your personal e-ma.il, you are responsible for mainta.ining the document pursuant to
state records retention guidelines. Therefore, recommend limiting village business to village
mainta.ined e-mail addresses. Avoid text messages and avoid using social media for village
related maitars.
d. Knowing violations carry criminal penalties.
6. GIFTS
a. Any gift from a vendor or lobbyist with annual a.ggregate value that exceeds $100.00 is
prohibited.
b. Otherwise, any gifts valued at $100.00 or more must be reported to the state (with a copy to the
county) quarterly. Gifts from relatives are exempt from this re�rting requirement.
7. VOTING CONFLICTS
a. Any item before the Council for action th�t would result in a personal financial benefit or 1oss, 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.
8. PERSONAL LIABILITY
a. Acting pursuant to the Village Attorney's advice insulates and protects you from personal
liability.
b. Conversely, should you decide to disregard such advice, you aze exposed to personal liability.