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Heritage Pines CDD seeks legal review after concerns the "Coffee With Candidates" could violate Sunshine Law
Summary
At its Sept. 17 meeting the Heritage Pines Community Development District board directed the District Manager and District Counsel to review an Oct. 9 "Coffee With Candidates" event and advise whether the HPCA-organized gathering could violate Florida's Sunshine Law; the motion passed unanimously.
The Heritage Pines Community Development District board voted Sept. 17 to ask staff and District Counsel to review the implications of an Oct. 9 "Coffee With Candidates" event after supervisors raised concerns that the homeowner association–organized gathering could run afoul of the Florida Sunshine Law.
The motion, made by Vice Chair Arthur Rhodes and seconded by Supervisor Carol Vaughan, directs the District Manager to review allegations that outside candidates' involvement and HPCA actions may indicate a hostile relationship with the CDD and directs District Counsel to provide a legal opinion. The motion passed "with all in favor." The meeting was held at the Heritage Pines Country Club meeting room in Hudson, Florida.
Why it matters: Supervisors said the event appeared to be campaign-style because materials attached to the HPCA memo included resumes and bios for candidates for the CDD board, and they worried that multiple sitting supervisors attending or participating could create an impermissible quorum or an appearance of coordination under the Sunshine Law. District Manager Chuck Adams told the board that sitting supervisors should avoid attending multi-member gatherings on matters that could come before the board and that District Counsel would be asked to prepare a memorandum.
Board discussion and evidence: Rhodes told the board that, according to materials circulated by HPCA staff member Kim Norton, candidate biographies for Mr. Steele, Stephen Putman and Mr. Kleeman were attached to a memo about the Oct. 9 event. Rhodes summarized the candidates' stated reasons for running: he attributed to Mr. Steele the comment, "Necessary changes from current direction, priorities and results"; to Mr. Putman, "Work together to enhance the community"; and to Mr. Kleeman, "My observation is there is discord between the CDD and Heritage Pines." Rhodes also said CDD attendance records show limited prior attendance by the candidates.
HPCA General Manager Herb Hurley said the candidates asked for the event so they could be known as candidates, and he indicated that board members were advised they could not attend because of the Sunshine Law. When asked about alleged discord since the CDD entered a maintenance contract exceeding $130,000, Grounds Superintendent Tim Gatz and Mr. Hurley declined to answer the question at the meeting and suggested attorneys handle the matter.
Next steps: The board directed the District Manager to review the issues raised about the outside candidates and the alleged hostile relationship and asked District Counsel to provide a legal opinion; District Counsel was also asked to prepare a memorandum on Sunshine Law constraints. The District Manager reminded board members not to reply to the event email. The board is scheduled to meet again Oct. 15, 2024.
