2021-03-08 Attorney PresentationFLAGLER PARK DESIGN REVIEW
ADVISORY COMMITTEE
John Fumero and Carlyn Kowalsky
JOHN FUMERO,is board certified in
State and Federal Government and
Administrative Practice by The Florida
Bar.He has practiced law for over 30
years and formerly served as General
Counsel of the South Florida Water
Management District.
CARLYN KOWALSKY has been practicing law for over 33
years in both government and private practice.Before joining
Nason Yeager,she held the position of Deputy General
Counsel for the South Florida Water Management District
where she spent 15 years counseling governing board
members about ethics and open government.
John Fumero Carlyn Kowalsky
CITY ATTORNEYS
Ethics Public Records Public Meetings
Florida
Statutes
Chapter 112
Part III
Chapter 119 Chapter 286
Agency Florida
Commission
on Ethics
Florida
Attorney
General
Florida
Attorney
General
Code of Ethics applies to
members of Advisory Bodies
“public officer” includes any person elected or
appointed to hold office in any agency, including any
person serving on an advisory body.
Florida Statutes Section 112.313
Key Ethics Concepts
■Cannot accept gifts to influence a decision
■Cannot do business with your agency (e.g.
sell goods)
■Cannot misuse your public positions to
secure a special privilege, benefit, or
exemption for yourself or others
Ethics Laws
■Florida Constitution -“A public office is a public trust”
■Code of Ethics for Public Officials
■Florida Statutes Chapter 112 –Part III
■Florida Commission on Ethics
–Orders (following a complaint)
–Advisory Opinions
The Sunshine State:
Florida Public Records Law
Florida has a rich and impressive history of commitment to
open records.
Florida is known as the home of “Government-in-the-Sunshine”
laws, which promote a policy of open government meetings
and records. The policy has been described as a “cornerstone
of our political culture.”
Public Meetings -Florida Sunshine Law
Florida Attorney General
http://myfloridalegal.com/webfiles.nsf/WF/MNO
S-B9QQ79/$file/SunshineManual.pdf
or
www.myfloridalegal.com
Entire decision-making process
must be in the Sunshine
”Every thought,as well as every affirmative act,of a
public official as it relates to and is within the scope
of his official duties,is a matter of public concern;
and it is the entire decision-making process that the
legislature intended to affect by the enactment of
the statute before us.”
Times Publishing Company v. Williams, 222 So. 2d 470, 473
(Fla. 2d DCA 1969)
Open Public Meetings
■all meetings of any local gov. must be open to the public
■no formal action is binding except as taken at an open meeting
■must provide opportunity for public comment
Florida Constitution Article I, Section 24(b)
Florida Statutes Sections 286.011(1) and 286.0114
Public Records Law
■It is the policy of the State of Florida that all state, county, and
municipal records shall at all times be open for personal inspection
and copying by any person.
■The Public Records Law (ch. 119, F.S.), requires that public records be
made available for public inspection, be kept in usable condition, in
safe places, and in convenient places, and that copying of records be
provided at reasonable costs.
A Three-part Test
1.All “documents, papers, letters, maps, books, tapes, photographs,
films, sound recordings, data processing software or other material
regardless of the physical form, characteristics, or means of
transmission” (includes electronic communications like Facebook
postings, text messages, emails, blog, vlog, tweets).
2.Made or received pursuant to law or ordinance or in connection with
the transaction of official business.
3.By any local government which is used to perpetuate, communicate
or formalize knowledge or information.
The Modern
Realities
•Conducting governmental
business using non-governmental
equipment or devices.
•Public records stored on private
computers and/or cell phones.
•Public records send or received
on private email accounts.
Practice Tips
A public record is defined by the nature of
the document ---
meaning the purpose that it was created
or information that is conveying, not by
where the document is located,i.e.,
government-owned device versus a
personally owned device.
Conclusion
■Application of these laws is
very fact specific
■Feel free to contact the City
Attorney if you have specific
questions