09/30/2015 - Workshop MUNICIPAL CODE ENFORCEMENT BOARD WORKSHOP MINUTES
CITY OF CLEARWATER
September 30, 2015
Present: Chair Sue A. Johnson, Vice Chair Wayne Carothers, Board Member James E.
Strickland, Board Member Sheila Cole, Board Member Duane Schultz, Board Member Michael
J. Riordon, Board Member Joseph A. Nycz
Also Present: Andy Salzman —Attorney for the Board, Matt Smith —Assistant City Attorney,
Nicole Sprague —Secretary to the Board, Patricia O. Sullivan — Board Reporter
The Chair called the workshop to order at 12:30 p.m. at City Hall.
2. SUNSHINE & PUBLIC RECORDS LAW REVIEW
Attorney for the Board Andy Salzman reviewed Florida Sunshine, Public Records, and Ethic
laws and expressed concern that an appearance of impropriety could occur if Board Members
speak to others about MCEB (Municipal Code Enforcement Board) cases. Members also should
not discuss past cases as they could be remanded back to the MCEB. Outside of meetings,
members cannot discuss cases, even through a third party. Members could be removed from
the Board and/or face depositions for not complying with related laws. Members should not
speak to the media about any cases. Emails re MCEB business and notes taken at meetings
are considered public records. Members should turn in all public records to the Board Secretary.
Assistant City Attorney Matt Smith said the City did not want Board Members to visit properties
or speak to anyone scheduled to come before the MCEB.
Attorney Salzman said that was the City's position. He said it was important that the Board not
rubber stamp City recommendations. The intention was for Board Members to not be involved in
cases outside the scope of Board meetings so that all member decisions are based on the
same information. Board Members who violate the Sunshine Law or Code of Ethics have
exposure to ethics complaints and civil penalties not to exceed $10,000.
3. BOARD DISCUSSION
In response to questions, Attorney Salzman said if Board Members are asked for comment re
MCEB cases, he recommended they state that they cannot speak about MCEB business, even
with a third party. If a Board Member is a homeowner association officer who discussed issues
that later came before the MCEB, that member would have a conflict of interest and would need
to abstain from speaking at the hearing and voting.
Attorney Salzman asked Board Members to contact him to discuss any questions they might
have.
4. ADJOURN
The workshop adjourned at 1:24 p.m.
Code Enforcement Workshop 2015-09-30 1