TOWN OF MELBOURNE BEACH
AGENDA
TOWN COMMISSION - SPECIAL MEETING
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MINUTES
TOWN COMMISSION
WORKSHOP
APRIL 30, 2003
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A workshop of the Town Commission and Town Board Members of the Town of Melbourne
Beach, Florida was called to order by Vice Mayor Smith at 7:03 p.m. on Wednesday, April 30, 2003
in the Community Center.
Town Commissioners Present:
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Vice Mayor Smith
Commissioner Price
Commissioner Walters
Commissioner Wilson
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Town Commissioners Absent: |
Mayor Crispen
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Sherri Quarrie
Mike King
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Mike Rowe
Julie Kinzer
David Wildman
Xochitl Ross
Nicholas Yanas
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Robert Belfatto
Paul Guglietta
Cindy Shuster
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Others Present:
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Town Attorney Gougelman
Town Manager Hoskovec
Town Clerk Masny
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DISCUSSION OF GOVERNMENT-IN-THE-SUNSHINE WITH TOWN ATTORNEY PAUL GOUGELMAN
Town Attorney Gougelman referred to a document he prepared entitled, “When It’s Illegal for a Board Member
to Talk to Other People.” (copy attached)
Town Attorney Gougelman advised that he will discuss the Government-in-the-Sunshine Law, the Public
Records Law and the Jennings Rule. Town Attorney Gougelman advised that the State of Florida has
the most rigid and most encompassing Sunshine Law in the nation.
Town Attorney Gougelman stressed that the Sunshine Law applies to everyone serving on all Town boards of
last resort such as the Code Enforcement Board and Board of Adjustment, and all advisory boards, such as
the Parks Board and Planning and Zoning Board. Town Attorney Gougelman commented that the Sunshine
Law only applies to you and someone on the same board who serves with you.
Town Attorney Gougelman and those present discussed several scenarios of questionable Sunshine Law violations.
Town Attorney Gougelman discussed the Conduit Theory by outlining the Blackford vs. School Board of Orange
County case.
Town Attorney Gougelman discussed violations of and penalties for violating the Sunshine Law.
Town Attorney Gougelman discussed the Public Records Law and items that are confidential or exempt from
the law and the various penalties for violations.
Town Attorney Gougelman discussed the Jennings Rule and how it gets confused with the Sunshine Law.
The workshop adjourned at 8:58 p.m.
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CONNIE J. SMITH, VICE MAYOR
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CYNTHIA E. MASNY, CMC
TOWN CLERK
Note: a mechanical recording has been made of the foregoing procedures of which these minutes are a
part and is on file in the office of the Town Clerk.
PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, THE TOWN HEREBY
ADVISES THE PUBLIC THAT: If a person decides to appeal any decision made by the
Town Commission with respect to any matter considered at its meeting, he will need a
record of the proceedings and that for such purpose, affected persons may need to insure
that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based. This notice does not constitute
consent by the Town for the introduction or admission into evidence of otherwise
inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not
otherwise allowed by law.
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