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CDD directs legal review after board questions HPCA’s role in 'Coffee With Candidates' event
Summary
The Heritage Pines CDD voted to have its district manager and counsel review whether a homeowners association–organized candidate forum could violate the Florida Sunshine Law after supervisors raised concerns about the HPCA’s role and candidate attendance history.
The Heritage Pines Community Development District board voted Sept. 17 to ask district staff and counsel to review whether an upcoming “Coffee With Candidates” forum organized by the Heritage Pines Community Association could create Sunshine Law issues or otherwise improperly involve the association in CDD elections. The board approved the direction unanimously after an extended discussion.
Vice Chair Arthur Rhodes reported that Ms. Kim Norton circulated a notice scheduling the candidate event for Oct. 9 and that candidate resumes and bios for “Mr. Steele, Mr. Putman and Mr. Kleeman” were attached to the memo. Rhodes said he was concerned that the homeowners association — a separate legal entity — had prompted the event and asked who authorized Norton to schedule it. Rhodes also questioned whether holding an event that effectively featured only two candidates constituted a campaign activity rather than a public-service forum.
HPCA General Manager Herb Hurley said the candidates themselves asked for the event so they could become known as candidates for the CDD Board and said he would not discuss the matter further in the meeting. “The candidates asked for the event to be scheduled so they could become known as candidates for the CDD Board,” Hurley said, according to meeting minutes.
Rhodes summarized the reasons candidates gave for running as he reported them: “Necessary changes from current direction, priorities and results,” for Mr. Steele; “Work together to enhance the community,” for Mr. Putman; and that Mr. Kleeman observed “discord between the CDD and Heritage Pines.” Rhodes also reviewed attendance records he said showed limited candidate attendance at CDD meetings during Fiscal Year 2024.
District Manager Chuck Adams told the board that sitting supervisors are constrained by the Florida Sunshine Law and cautioned that more than one sitting board member attending certain candidate forums could create a violation if future board business were discussed. Adams said he would ask District Counsel to prepare a memorandum explaining the legal issues and directed staff not to respond collectively to related email threads.
On a motion by Mr. Rhodes, seconded by Supervisor Carol Vaughan, the board directed the district manager to review the implications of the outside candidates’ involvement — including allegations that some HP Board members or officers might be undermining contractual relationships — and directed District Counsel to provide a legal opinion to the board. The motion passed unanimously.
The board did not take further action at the meeting; Adams said he would request a written opinion from counsel and report back. The board added the matter to the minutes for continuing oversight.
