Okaloosa County Tourist Development Council — Apr 25, 2013 — reading text

messages, FaceBook, Twitter; any communication back and forth on matters that will come before the council for recommendation. The three requirements to comply with Sunshine Law are reasonable notice of meetings, that it be open to public, and that meeting minutes be taken. The Council is required to meet quarterly; notice should be at least ten days in advance. There are special cases where short notice will occur. The requirement that it be open to the public, but does not require public participation. It must be held in a place assessable to the public. Pursuant to the operations manual, at subsequent meetings the chairman will be required to vote on approval of subsequent meeting minutes. The minutes as well as the recording will become a part of public record. The committee by statute is made up of 9 members; a quorum would be five members. This is the minimum that must be present at any meeting to have any decision making action taken. Sunshine laws come with stiff penalties. Any action taken by the committee in violation of the Sunshine law would be deemed null and void. It is a second degree misdemeanor to knowingly violate, punishable by a fine of up to $500 or 60 days in jail. Members could also be removed from the council for violations. Public records- Ms. Hoshihara stated the public has a right to access records that are made or received in connection with official business. This is governed by Section 119 of Florida Statutes. It includes documents, papers, letters, maps, books. Although the statute is a bit outdated, it also includes; electronic records, e-mails, text messages, social media content. Ms. Hoshihara strongly encouraged the committee to ensure any e-mails concerning the committee or committee business received be sent and received by county e-mail address. In Okaloosa County the Risk Management Department processes all public records requests: however, every TDC member must ensure the preservation of public records. Retention of records is covered under the state records retention policy. Mr. O’Byrne added that the members’ addresses had been set up and told them he would provide instruction on how to use these accounts for future use. Code of Ethics- Ms. Hoshihara said Florida Code of Ethics provisions protects against conflicts of interest and establishes standards of conduct for public officials and government employees. It addresses standards of conduct, voting conflicts, financial disclosure. She specified Council members are prohibited from soliciting or accepting Okaloosa County Tourist Development Department Page 3 Printed 4/17/2013 Packet Pg. 5  2.A Regular Meeting Minutes January 23, 2013 any gift if it is known it is being given to influence a recommendation or vote. They are also prohibited from accepting unauthorized compensation, payment, or thing of value if Minutes Acceptance: Minutes of Apr 25, 2013 2:00 PM (Consider Okaloosa County Tourist Development Council Meeting Minutes) it is provided to influence the member’s vote at a meeting. Members are also prohibited from misusing their public position to obtain a special privilege for themselves or for others. Additionally, members are prohibited from disclosing or using information that is not available to the public, which has been received through the council, for their own benefit. Members may not do business with the Council if they own more than a 5% interest in the company. They also may not engage in any conflicting employment or contractual relationships. Ms. Hoshihara went on to state that members may not vote on a matter that would result in personal gain to themselves, a business associate or relative. If there is no conflict or appearance of conflict, then by law, members have a responsibility to vote. Ms. Hoshihara explained a conflict would be voting on a matter that affected a family member. The appearance of a conflict could be voting on a matter that affected a previous business partner. If a member believes there is a conflict, they are responsible to announce the conflict at the meeting, abstain from voting, and file a memorandum of voting conflict (Form 8b, included in the binder provided) There is also a Quarterly Gift Disclosure for Gifts of more than $100 from private entities (Form 9), included in the binder for members. Mr. Rice asked Ms. Hoshihara about any conflict of interest for the Doolittle Raiders and the member’s conducting business in the area of their visit, as business owners. Ms. Hoshihara answered that any conflict of interest would have to be more direct. By statute, the composition of the committee is required to have a certain number of owners and operators of varying types of businesses in the tourist related industry. Mr. Stewart added, as long as there is a generalized benefit, consistent with the committee’s function, there is not a conflict of interest. Ms. Hoshihara stated one area ripe for conflict, would be special events and sponsorship funding. Due to the revised operations and procedures manual, those decisions would be made by staff. Mr. Bass asked about personal liabilities as board members. Mr. Stewart responded that there would be no liability for making a recommendation. Mr. Rice asked about whether the members are required to file financial disclosure. Mr. Steward responded they are not. Mr. Stewart and Ms. Hoshihara encouraged the committee to contact them with any questions or concerns. Okaloosa County Tourist Development Department Page 4 Printed 4/17/2013 Packet Pg. 6  2.A Regular Meeting Minutes January 23, 2013 III. Election of Officers (Chairman and Vice-Chairman) per TDD Operations & Minutes Acceptance: Minutes of Apr 25, 2013 2:00 PM (Consider Okaloosa County Tourist Development Council Meeting Minutes) Procedures Manual (Nabors, Giblin & Nickerson PA) Mr. Stewart reviewed how to vote for the chairman and vice-chairman positions. He stated, historically, election officials have not been elected as chairperson. The terms for each position are for a one year term, but may be reelected for a second year. Following Mr. Stewart’s information, the positions were put to a vote. Motion to nominate Dale Peterson for Chairperson RESULT: MOTION APPROVED [UNANIMOUS] MOVER: Tom Rice SECONDER: Kelly Windes AYES: Bass, Gossom, Guidry, Rigdon, Dixon ABSENT: Empson, Peterson Motion to nominate Tom Rice for Vice chairperson RESULT: MOTION APPROVED [UNANIMOUS] MOVER: Kelly Windes SECONDER: Tuffy Dixon AYES: Bass, Gossom, Guidry, Rigdon, Dixon ABSENT: Empson, Peterson IV. Approval of current Tourist Development Council & Committee(s) meeting minutes (Chairperson/Dan O’Byrne) a. TDC Selection Committee Meeting – March 27, 2013 b. TDC Selection Committee Meeting – March 25, 2013 c. TDC Regular Meeting – January 23, 2013 d. Marketing Committee Meeting – January 22, 2013 e. Marketing Committee Meeting – January 16, 2013 Members questioned the responsibility of approving minutes from meetings they were not present for. Mr. Stewart suggested the committee delegate the responsibility of reviewing and approving previous meeting minutes in items, IV. And V., to Mr. O’Byrne. Okaloosa County Tourist Development Department Page 5 Printed 4/17/2013 Packet Pg. 7  2.A Regular Meeting Minutes January 23, 2013 Motion to Delegate Approving Authority to Mr. O’Byrne for Previous Meeting Minutes Minutes Acceptance: Minutes of Apr 25, 2013 2:00 PM (Consider Okaloosa County Tourist Development Council Meeting Minutes) RESULT: MOTION APPROVED [UNANIMOUS] MOVER: Tuffy Dixon SECONDER: Kelly Windes AYES: Bass, Gossom, Guidry, Rigdon, Dixon ABSENT: Empson, Peterson V. Consider Previous TDC & related Committee(s) meeting minutes per Auditor General Finding No. 25 (Nabors, Giblin & Nickerson PA) a. TDC Meetings Aug. 22, Sept. 26, Oct. 24 and Dec. 5/2012 b. TDC Marketing Committee Meetings Oct. 10 and Oct. 31/2012 Approval delegated to Mr. O’Byrne, as stated in item IV, above. VI. Dissolution of the Emerald Coast Convention and Visitors Bureau, Inc. (Nabors, Giblin & Nickerson PA) Mr. Stewart gave a brief history of the nonprofit organization, Emerald Coast Convention and Visitors Bureau, Inc. The organization was created to protect the name, but had no assets or members. Due to changes in the statute, there is no longer a need for the corporation. The existence of the Council now protects the name. Under the bylaws of the corporation, the members of the TDC are the board of directors of the corporation. Mr. Stewart advised the names of the new committee members be added to reflect the