Why did the Mayor decide to revise the Ordinance after the Board was already selected?
Why did a Assistant City Attorney give an opinion and not the City Attorney?
Why did the Attorney give a political opinion and be silent on the legal merits of proceeding forthwith?
Why do some at City Hall always play these games?
We urge the Council to stop the games, and reject or table the Mayor’s revised ordinance and proceed with the original 5 member committee.
Good Evening Mr. Jones,
Can you please tell me what legal ramifications there are if the 5 already appointed members of the budget advisory board meet before the additional two members are appointed?
From Hank Springer
386 852 3178
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From: Ted Noftall [mailto:Ted@TedNoftall.com]
Sent: Monday, June 03, 2013 8:39 PM
To: ‘Jones, Matthew’; ‘Laney, Sonya’; Jafazz62@aol.com; firstname.lastname@example.org; email@example.com
Cc: ‘Roberts, Margaret’; Bob Ford; Dennis Kennedy; firstname.lastname@example.org; Drew Bastian; Mayor Green
Subject: RE: Government in the Sunshine Law
I guess I have a question Matthew,
Why did you take sides in the highly politically charged decision as to when the first meeting of this board is to take place.
Wouldn’t your role, assuming you had one have been better served if you had confined your advice as to whether there were any legal considerations one way or the other regarding that meeting date.
From: Jones, Matthew [mailto:email@example.com]
Sent: Monday, June 03, 2013 5:59 PM
To: Ted Noftall; Laney, Sonya; Jafazz62@aol.com; firstname.lastname@example.org; email@example.com
Cc: Roberts, Margaret
Subject: Government in the Sunshine Law
In the new millennium, electronic communications such as email, blogs, and social media have become widely used to share all types of information and ideas. As duly appointed members of the newly created Audit and Budget Advisory Board, I’d like to share with you a paragraph from the GOVERNMENT-IN-THE-SUNSHINE MANUAL 2013 regarding electronic communications between board members (see below). Please be sure to comply with F.S.
286.011 when discussing matters which may foreseeably come in front of the
board(s) on which you currently serve. Caution is warranted since violations of the above referenced statute may result in criminal and/or civil penalties.
Remember, the City Attorney’s Office is here to help; so if there are any questions you may have, please feel free to contact us.
Matthew J. Jones
Assistant City Attorney
City of Port Orange
1000 City Center Circle
Port Orange, FL 32129
Phone (386) 506-5537
Fax (386) 506-5530
From: Newton White [mailto:Nwhite4@cfl.rr.com]
Sent: Thursday, May 30, 2013 8:17 PM
Subject: From the read file
Below is a copy and post of Mr. Jones answer to Mr. Kisela.
Good afternoon. I would advise that you defer calling the initial meeting of the Audit and Budget Advisory Board until the final two members are appointed. Although City Council has adopted Ordinance 2013-7 establishing the Board, there are no requirements therein that the Board shall meet prior to the June 18th City Council Meeting.
The Council has revealed its intention in a subsequent Ordinance 2013-9 to change the 5 member board to a 7 member Board which unanimously passed first reading during the May 28th City Council Meeting . Calling a meeting for the
5 member Board prior to the June 18th City Council Meeting in which the final two appointments will be made would be contrary to Council’s intent to have a 7 member Board.
Waiting until after the June 18th City Council Meeting to hold the initial meeting will also allow for the final 2 members to be a part in the election of the officers of the Board.
Please let me know if you have any questions or concerns.
Matthew J. Jones
Assistant City Attorney