Okaloosa County Tourist Development Council — April 25, 2013 (meeting #1135) — reading text

Okaloosa County Tourist Development Department 1540 Miracle Strip Parkway Ft. Walton Beach, FL 32548 Regular Meeting http://www.okaloosafl.com ~ Minutes ~ Thursday, April 25, 2013 1:00 PM Emerald Coast Convention Center I. Welcome & Pledge of Allegiance (Daniel O’Byrne) Attendee Name Title Status Arrived Departed Kelly Windes Commissioner District 5 Present - Michael Bass Present - Daniel Empson Absent - Thom Gossom Present - Joe Guidry Present - Dale E. Peterson Chairman Absent Thomas Rice Vice-Chairman Present - Tuffy Dixon Destin Councilman Present - Charles Rigdon FWB Councilman Present - Daniel O'Byrne Director Present - Lynn Hoshihara & TDD Attorney(s) Present - Greg Stewart I. Pledge of Allegiance & Welcome (Dan O’Byrne) Mr. O’Byrne brought the meeting to order at 1:00 with the Pledge of Allegiance and welcomed everyone to the new committee’s first meeting. II. Presentation by Tourist Development Department Attorneys (Nabors, Giblin & Nickerson PA) Mr. Stewart provided Council members with binders containing resource materials detailing policies, procedures, statutes that govern the Council, its activities and responsibilities. He reviewed several sections of note inside the binder. Mr. Stewart reviewed each tab in the binder. Tab A, the statutes that govern the Tourist Development Council and its operations. Tab B has the various ordinances that the council is operating under. Tab C is a copy of the bylaws. Tab D is an overview of public records and sunshine law. Tab E is various forms related to voting conflicts. Mr. Stewart pointed out the acknowledgement form at the back of the binder. The form acknowledges receipt of the materials and understanding that is each member’s responsibility to review the materials enclosed and agreement if any additional information is needed they contact the attorneys or the TDD. He requested each member sign their form and return to him at the end of the meeting. Okaloosa County Tourist Development Department Page 1 Printed 4/26/2013 Regular Meeting Minutes January 23, 2013 The Tourist Development Council is governed under the provisions in section 125.01.044 statues. There is a copy of the statute in the binder for Council member’s review. Tab B is the operative ordinances, which the Council operates under. During the past year, the ordinances, which govern the Tourist Development Council and department, have been completely revised. Under Tab B-1, ordinances 12-21, sets forth all the provisions governing the TDC and TDD in the ordinance. Mr. Stewart stated the TDC is an advisory body to the Board of County Commissioners. Their duty is to assist the Board of County Commissioners in making determinations to enhance tourism and visitation to the area. Funding-wise, there are various pennies, which have been adopted by the Board of County Commissioners over the years. They can be used for various purposes. One of the most crucial aspects is the Tourist Development Plan, what tourist development taxes can be used for. 1st -The first penny has been committed towards beach restoration, improvement projects. nd 2 -The second is used for waterway beach tourist destination facility improvements, landscaping operations, lifeguard and beach protection; as well as TDD administration. rd 3 -The third penny is committed to the operations of the convention center and any other beach facilities or tourist destination facilities. th 4 -The fourth is dedicated to the convention center and payment of the debt service on that and other improvements to the center. th 5 -The fifth is for promotion only. At Tab C, Mr. Stewart identified the TDC bylaws and operations and procedures manual. Mr. Stewart reiterated it was the Council’s duty to advise the Board of County Commissioners on the implementation of the Tourist Development plan. Secondly, it is the Council’s responsibility to advise the board on tourism, sales, marketing and advertising to increase visitors and lodging occupancy in the area. Third, to review tourist development expenditures and make sure the committee believes they are being used in accordance with the ordinance and statute. Fourth and finally, the committee is to make an annual recommendation to the board on the expenditure of funds. As part of that, the committee is required to meet once a year, in a public meeting, to approve a recommended budget proposal, which would govern the expenditure of various proceeds. Tab D and Tab E, are the sunshine law and public records law and ethics divisions, which Mr. Stewart turned over to Ms. Hoshihara to speak about. Ms. Hoshihara started a PowerPoint presentation titled, The Basics on Public Records, Sunshine Law and Ethics. Okaloosa County Tourist Development Department Page 2 Printed 4/17/2013 Regular Meeting Minutes January 23, 2013 Sunshine Law- She stated there is a common misconception that these laws don’t apply to volunteer boards, but they do apply equally to the TDC as they do to the Board of County Commissioners. The purpose of the Sunshine Law is to protect the public from any closed door decision making, by providing them with the right of access to any government meeting. Any meetings where public action is being taken must be open to the public. This applies not only to formal settings, but even to meetings between two or more members of the council. Council members may not discuss matters that could forseeably come before the Council for a vote, without making it open to the public with notice and having minutes recorded. This includes telephone calls, e-mail, 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 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 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,