Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Sunshine Law topic
No spam. Unsubscribe anytime.
Vice Chair pushes legal review after CDD candidate event draws Sunshine Law concerns
Summary
Vice Chair Arthur Rhodes raised concerns about a last-minute "Coffee With Candidates" event the HPCA scheduled for Oct. 9, 2024, saying candidate bios and the HPCA's role risked violating Florida's Sunshine Law; the CDD unanimously directed the District Manager to review implications and asked District Counsel for a legal opinion.
At the Heritage Pines Community Development District meeting on Sept. 17, 2024, Vice Chair Arthur Rhodes pressed for a legal review after a last-minute agenda addition to discuss a "Coffee With Candidates" event scheduled for Oct. 9, 2024. On a motion approved unanimously, the board directed the District Manager to examine the implications of outside candidates' involvement and asked District Counsel to provide a legal opinion.
Rhodes told the board that resumes and bios for three candidates were attached to the event memo and questioned the HPCA's authority to schedule a CDD campaign event. He raised concerns that the presence of multiple CDD board members at such an event "could result in a violation of the Florida Sunshine Law," and said attendance by a Supervisor-Elect could create additional Sunshine Law exposure. HPCA General Manager Herb Hurley said the candidates requested the event so they could be known as candidates for the CDD Board and that board members were advised they could not attend because of the Sunshine Law.
The meeting record includes direct statements of candidates' reasons for running: Mr. Steele said the community needs “Necessary changes from current direction, priorities and results.” Mr. Putman said his objective is to “Work together to enhance the community,” and Mr. Kleeman said “My observation is there is discord between the CDD and Heritage Pines.” The board approved a motion, moved by Mr. Rhodes and seconded by Ms. Vaughan, directing the District Manager to review the implications of outside candidates and asking District Counsel for a memorandum of legal opinion. The motion passed with all in favor.
The motion and the board's request for legal counsel aim to clarify whether the HPCA's coordination of the event or the participation of certain individuals would create disallowed gatherings under Florida law. District Manager Chuck Adams said he will ask District Counsel to prepare a memorandum and reminded board members not to reply to related emails while counsel considers the question.
