Ethics and sunshine law presentation

1:51:27Thank you. So that was the last item on the agenda, but I know that um David has a presentation on ethics and sunshine law.

1:51:35So yes. Um One of the Planning Commission members asked me to briefly Give you a refresher on Your legal obligations, I guess which is important since we're all just reappointed to the Planning Commission. Um most of it's I'm not gonna go through all

1:51:54What is it?

1:51:57Nine pages of this. Um I'm sorry. Seven pages. Um But I'll just hit the highlights. And most of you all know these things, but I just want to kind of re-emphasize a few things. So first of all, what's in here is that you do have to Yearly fill out a financial disclosure form and I think most of you are probably getting that form from the state. Is anybody not getting that form from the state?

1:52:25I've not gotten one from the state. I get one from gets

1:52:28you getting a financial disclosure form mailed to you.

1:52:31Did you get one last year? No. I did.

1:52:34I

1:52:34did.

1:52:35But I don't.

1:52:36I typically get it, but it seems like it's been a while since I it seems like it's been longer than a year, but I'll check.

1:52:44Please let me know and we'll try to figure out why. Okay. Your legal obligation is to f is to fill out those financial disclosure forms annually and then also if you ever leave the Planning Commission You have to fill it out the form again. Um Which is the right-of-way. Some people don't realize when they resign they have to fill out another financial disclosure form. Um that pretty much hits the financial disclosure requirements. In terms of Sunshine Law and public records I think you all know what the Sunshine

1:53:14Law requires, but I'm gonna kinda Hit some sort of Hidden traps. So generally the Sunshine Law requires that when you're discussing Planning commission business

1:53:28At the notice public hearing. and that you do it in a way that the clerk can capture those discussions. Um The reason I emphasize that is because You know, you all can have dialogue outside of this notice public hearing, but it cannot be about planning commission business. If you're Wanna talk about how the the lightning or the bucks are playing, have talk about that all you want, but Doesn't mean you can't be friends, but you cannot talk about any item that's likely to come on a on a Planning Commission agenda with each other. those communications are

1:53:59not just verbal, they could be texts, they could be Emails, Facebook posts, any form of communication between each other. We're talking about planning commission business. Could potentially be a violation of the Sunshine Law. In addition, and this is the part that I want to caution you on, You can't have be having side conversations that are not o about the about what's on the agenda that are not audible to the clerk because the whole idea of the Sunshine Law is that it has to be open to the public. So that means the clerk has to capture your conversations about the application.

1:54:29So doesn't mean you know, if you're here right before the meeting and you're having side conversations those cyber conversations should not be about planning commission business. Those should be about the lightning of the bucks, that's fine. Or what did you do this last weekend? That's all fine. But planning commission and business they need needs to be discussed on the record so the clerk can capture those conversations. Um Now I'm not a member of the Planning Commission technically, so you can whisper to me, but you cannot whisper to you cannot whisper to or you can whisper to

1:54:59Denise, you cannot whisper to each other. Um In terms of public records, um the key thing to remember is that when 'cause you all do get contacted by applicants and opponents Um sometimes that's by email, sometimes that's by text, sometimes it might be by a Facebook post. There's various ways which members of the public or the applicants We'll send you information. All of that information has to be captured as a public record so that if somebody does a public records request to the county We

1:55:29know that you receive those documents, texts, Facebook posts, whatever they are. the safest way to e for you to make sure they're still part of our system that captures public records And as many of you are doing this as you forward them to Denise And there's by the way, there's a way to forward a text By email too. If anybody doesn't know how to do it, I can show you how. But if you can take a text and forward it by email to Denise. Anything that you forward to Denise. then you're golden because that means it's captured as part of our public record

1:55:59system. It's captured in our computer system and if anybody d does a public records request it'll show up. In addition to the right-of If it's forwarded to Denise, she can disclose it as an exported communication. which is another legal obligation that you disclose the com your communications from the applicant or opponents. So A lot of times people think that ex party communications are only meetings. But ex party communications include texts, emails, other forms of communication that are trying to influence your vote. So Anybody that's trying

1:56:30to influence your vote by text, email, Facebook post, whatever it is, Please forward it to Denise and then we know that A it's been captured as a public record And B, it's being she can put it in the agenda and have it disclosed as an exported communication. Most of you are doing that 'cause I she forwards them to me when you get them too. I'm just saying that sometimes it may not be obvious, especially if it's by a text. Um or a Facebook post or some other odd way of communicating with you. Yeah. That may not be obvious

1:57:00that you need to forward that to Denise, but you should be forwarding that to Denise as well. So That's kind of the broad overview. I mean I think most of you all are complying with these rules anyway. I just wanted to make sure that And You know, I any questions about your obligations?

1:57:18And if we're doing the reaching out, say we ask an applicant a question or something, we that that would be ex parte.

1:57:25That's still that's still export. If you're if you're contacting the applicant or even a resident on your own initiative. Right. And they're responding to you, that's an ex party communication. Because you're talking about Um and if it you did it by text or email, that's also public record, right. Which again should be forwarded to Denise. You're always safe if you forward it to Denise. That's if I have to leave you with with with any words of wisdom. Um I shouldn't say just Denise because it could be an application that Denise is not handling. If

1:57:56you forward it to Denise or Terry, they'll find the right purpose person to Two. get that communication to so that it's adequately disclosed. and adequately made part of our public records. So There's a lot of other information here, but I think if you comply with what I just said, you're in good shape. Okay.

1:58:15So do you mind if I say something, David? Just to n not clarify something you said, but if you if the planning commission and and the planning commission does a fabulous job at this, I get the item forwarded to me and I don't mind if it's not my item or a zoning item, if it's a long range planning item, I don't mind because what I do is I forward it to the project planner. So I would rather that something not get lost by sending it to all kinds of different people. I I don't have a problem with being

1:58:45the the repository. So as David says, send it to Denise, please do so. Even if it's a item that is somebody else's, but that I will certainly be the air traffic controller and send it to that other person, but just please forward it. Continue forwarding it to me. So I r I really appreciate that.

1:59:02Thank you. The only other thing I want to clarify is that the Sunshine Law only applies and I think I kinda said this to communications when you all talk to each other. Okay. So if you talk to staff, so there's no sunshine law prohibition, you can even talk to the members of the Board of County Commissioners individually. Not as a group, but as individually you can contact your commissioner And discuss something that's a good thing. on the agenda. That's also not a violation of the Sunshine Law. It's only when you're talking to each other That you have a potential Sunshine

1:59:32Law violation?

1:59:35Thank you. No problem. If any questions you can email me Now the one thing I didn't cover which is in here

1:59:45Those are probably better handled on a case by case basis because they're really fact dependent about whether you do or don't have a conflict of interest on a particular matter. So I know that some of you have had conflicts of interest on particular matters. It's better if you just if you're not sure whether you do, go ahead and email me or call me. And then I can tell you whether you do or don't. But it's too hard to cover every potential scenario where you might have a conflict of interest. If you do, there's a forum you have to fill out, you have to disclose it. And generally you can't vote on that matter if you have a conflict

2:00:15of interest. Some many of you have already done that before on particular matters who I think you know The process Um but if you have questions about that you can let me know.

2:00:26Very good.

2:00:27If I I know I think I've said this before, but just to clarify that too, you know, there's some people who think, well, I'm representing the school board, so if there's a school board item I can't vote on it because it's well, that's not what conflict of interest is talking about. Right. It's talking about my personal gain.

2:00:42Right. It would have to be a special private gain, not a special public gain. That's what that's the key test. So if it's somehow benefiting the school district or detriment of the school district, you don't have a conflict. Right. But if it benefits you personally or is a detriment to you personally. Yes. Then you may have a call for it. Or You know, you're not going to be able to Who you isn't imp that you that employs you other than the school district. Right. Um if it's a private employer, you

2:01:12could also benefit them or it'd be a detriment to them and then you may also have a conflict. Yeah.

2:01:19Okay. Any questions? There's no excuse for you to screw up now.

2:01:31But I'd much rather you do it and so would she. Yeah, that's right.

2:01:35Yes, because that, you know, for sure a lot of people get a lot of emails and I and I'm really I will tell you and David could probably vouch for me, I hope, that I'm really diligent at getting all these things out. And I just want to make sure that if there is an ex parte that it is on the record. So it's very important.

2:01:54Very good. No further questions, I'd hear a motion to adjourn. I have a question on my own. Sure, you have a

2:02:00question

2:02:01right now.

2:02:02Well Understanding uh the difference when you're examining a request. And You're at the initial phase and you know there's more to follow. Like Swift Mud or you know, uh in the case of uh water drainage and so on that has to be approved.

2:02:23That's it. an interesting question

2:02:26and So the the issue would be whether you think it's reasonably foreseeable that something related to that matter Would be back on the Planning Commission agenda. Okay. Typically if a project is already past the zoning and land use stage It's probably unlikely that it's gonna be back on your agenda. Is it Possible, yes, because there's some a few Matters that end up, you know, if they could appeal something and it could get back to you, or there could be a sign variance that could get back to you. I wouldn't say

2:02:56that's reasonably foreseeable that it could. Now, Say you had a project it's already been through zoning and land use approval. Could discuss it. But then if you discovered now they want a sign variance that is going to come back to the Planning Commission, then you need to s

2:03:13That one's gonna be on our agenda and I can't talk about it anymore. So The test is w whether it's reasonably foreseeable that it would be on your agenda. So I think you could generally assume that if it's been through zoning and land use It's probably not going to come back to you. But if you have knowledge that it will come back to you Then you need to say Stop. I can't talk about it anymore. So make is that clear enough? Yeah, that helps. Yes. But if something hasn't been through zoning and land use pretty good chance it's coming to you. Right. So

2:03:43that's a pretty good indicator you shouldn't be talking about it except for On this.

2:03:49Thank you.

2:03:53Yeah.

2:03:55That's good. Any other questions? One of the things sometimes that ble we bleed over into is things that are really beyond the use of the property or the zoning. You know, 'cause we tend to wanna look at the whole picture. And a lot of those things are divide decided l after. You know, we either recommend approval or denial. And You know, I just try to for me, I just try to think Is this an appropriate use of the property? you

2:04:27know, sort of forgetting about you know, is it gonna work in terms of, you know, flooding and sewer and all those kind of things. But overall, is it appropriate? Would I want it in my neighborhood? would I think it would be a benefit to the county. And you know, and if depends on how I can answer those questions is Yeah, how I decide. Because I know there's other people They're gonna see it. You know, that it's gonna go to the staff and they're gonna decide things like, you know, uh d as far as approving a

2:04:57development plan. Uh we don't have anything to do with that.

2:05:01The one the one yeah, well the only qualifier I would make to that is that yes, your primary mission is to decide land use and zoning But as they just as you just saw, a lot of the criteria that you evaluate for rezoning or land use change are looking at some of those kind of after the fact issues like Drainage, roadways, water and sewers. I don't think it's a little bit more than a little I think those are all fair discussion points if you feel that you want to know some of those things. To be able to evaluate this criteria you can ask those questions.

2:05:31Well I appreciate that Jamie brought it up.

2:05:35Yeah. Because they're part of your criteria. So if you have questions about whether something meets those criteria, you have every right to ask those questions. Even if there's something that the county would typically evaluate at site plan approval.

2:05:50And that's why Mr. Tippin's here. He's the one. When you have those kinds of questions, or Will Poon on the you know, who's who they're typically reviewing things at the site plan stage. Right. And sometimes those questions come up and so that's why they're here to answer those questions.