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Board orders legal review after questions about 'Coffee With Candidates' event
Summary
The Heritage Pines CDD unanimously directed the district manager and counsel to review a planned Oct. 9 "Coffee With Candidates" event after concerns that the HPCA-sponsored gathering and candidate attendance could raise Florida Sunshine Law issues.
The Heritage Pines Community Development District board on Sept. 17 unanimously directed the district manager to review implications of outside candidates and asked District Counsel to provide a formal legal opinion about an HPCA-organized "Coffee With Candidates" event scheduled for Oct. 9, 2024.
Vice Chair Arthur Rhodes led the discussion after the agenda item was added by motion at the start of the meeting. Rhodes said he had received a letter from Ms. Kim Norton on Aug. 6 advising that the coffee event had been scheduled and that resumes and bios for candidates Mr. Steele, Stephen Putman and Mr. Kleeman were attached to a memo. Rhodes said he was concerned the event, as scheduled, "represents a campaign event and not necessarily a public service event," and asked who instructed Ms. Norton to schedule it.
Herb Hurley, identified in the meeting as HPCA General Manager, said the candidates had requested the event so residents could meet them, and said CDD board members were advised they could not attend because of Sunshine Law constraints. "They were advised that they could not attend because of the Sunshine Law," Hurley said during the discussion.
Rhodes pressed on whether HPCA had authority to schedule a CDD candidate event and whether the presence of multiple CDD board members could create a Sunshine Law violation. The board acknowledged uncertainty about whether the HPCA's handling of the event or associated candidate materials might blur the legally required separation between the CDD and the homeowners association.
On a motion by Rhodes, seconded by Carol Vaughan, the board directed District Manager Chuck Adams to review "the implication of the outside candidates" with respect to alleged hostile relationships cited in candidate materials and instructed District Counsel to provide a legal opinion. Adams said he will ask District Counsel to prepare a memorandum and reminded board members not to reply to the event email.
The board's action did not resolve the underlying questions about whether the HPCA's scheduling or promotion of the event, or the content of candidate bios, violates Florida's Sunshine Law; the legal review was ordered to clarify next steps.
