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CRA counsel warns commissioners to keep CRA business to noticed CRA meetings to avoid Sunshine Law problems
Summary
CRA legal counsel told the Community Redevelopment Agency to avoid discussing CRA business at ordinary council meetings unless a joint meeting is properly noticed, saying off‑agenda CRA discussion can create Sunshine Law exposure. Counsel recommended keeping CRA records and minutes separate and using noticed CRA meetings for project discussions.
Attorney Clifford Shepherd urged the Community Redevelopment Agency to use formal, noticed CRA meetings whenever the board discusses CRA business to avoid Sunshine Law violations. He told commissioners that discussing CRA items at council meetings that were not noticed as joint meetings could deprive interested members of the public of the ability to attend and observe deliberations.
"For purposes of minutes, record keeping, and all those other things, but also primarily so that there's no issue with Sunshine that we're sitting as a council unless you've noticed the meeting as a joint meeting of CRA and council," Shepherd said. He advised that if CRA matters are to be discussed, they should be taken up at a CRA meeting or a properly noticed joint meeting rather than during routine council meetings.
Shepherd framed the guidance as both a records and public‑access concern. He said the CRA should avoid making the agreements that make this kind of contract "commoditizable" (assignable to third parties) without safeguards and that minutes and notices should reflect when the CRA is formally acting. The board took no separate action on the counsel's presentation; it moved on to the next agenda item after brief questions.
