City clerk and city attorney brief Local Planning Agency on public records, Form 1 disclosures and Sunshine Law

Mary Kendall, the City of Stuart clerk, told members at the Local Planning Agency meeting that public records include any documents, messages or recordings made in connection with city business and must be preserved regardless of the device on which they exist. "A public record is any record made in connection with the transaction of official city business regardless of physical form," Kendall said.

Kendall explained that board members must transfer all public records relating to city business to the clerk within 10 days after leaving office, after which they may delete copies from personal devices. "Upon resignation or expiration of your term, you are required to transfer all public records ... to the city within 10 days after leaving the office," she said.

City attorney Lee Baggett outlined potential consequences for failing to comply, including civil actions, attorney fees, noncriminal infractions up to $500, or misdemeanors and fines up to $1,000. Baggett encouraged members to call or email staff with questions rather than learning of problems after the fact: "I'd rather you guys call us or email us," he said.

The clerk also reviewed financial-disclosure obligations under the Florida Commission on Ethics, noting that Form 1 is due every July 1 and that Form 1-F is required when leaving a board. The presenters reminded members that the Florida Sunshine Law covers advisory boards and applies to meetings of two or more members discussing city business.

The briefing concluded with a reminder that staff will assist with public-records requests involving board members and that orientation materials and links are available on request. The agency had no questions beyond clarifications about filing Form 1 for members who recently changed boards.