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Tavares city attorney tells planning board to disclose conflicts, follow Sunshine and public‑records rules
Summary
The city attorney for Tavares briefed the Planning & Zoning Board on conflicts of interest, ex parte communications, the Sunshine Law and public‑records obligations, stressing that quasi‑judicial decisions must be based on competent, substantial evidence and that gifts should be declined.
The city attorney for Tavares told the Planning & Zoning Board on Tuesday that members must disclose potential conflicts of interest and, when a true conflict exists, abstain from voting. "You should always disclose that conflict, and if it's a true conflict, you would have to abstain from voting," the city attorney said.
The attorney framed those rules as part of a broader refresher on the board's duties, explaining the difference between legislative matters (such as Land Development Regulation amendments) and quasi‑judicial proceedings such as rezoning requests. For quasi‑judicial hearings, the attorney said, the board receives sworn testimony and must limit its decision to "competent and substantial evidence," which the attorney defined as "reliable, factual information that a reasonable person would accept as sufficient to support a decision." The guidance emphasized that members must allow all parties a fair opportunity to be heard.
The attorney also cautioned board members about ex parte communications—any contacts outside the public hearing that could influence a quasi‑judicial matter—and recommended disclosing such contacts before deliberations. On public records, the attorney reminded members that Chapter 119 of the Florida Public Records Law requires retention and disclosure of city business communications, including material on personal phones or email accounts when used for city business.
On ethics, the attorney urged caution about accepting gifts from applicants or others with business before the board, saying the board should decline offers that could create an appearance of impropriety. "You should not accept any gifts," the attorney said, adding that members may seek a written opinion if they want formal guidance.
Board members asked whether contacting staff to clarify factual questions counts as an ex parte communication. The attorney replied that requesting staff clarification is not the same as an advocacy contact outside the hearing but encouraged disclosure when there is any doubt.
The legal refresher closed with a reminder that these rules protect the integrity of board decisions and reduce the risk of later legal challenges. The board then moved to other agenda items, including staff reports and development updates.
