The Charter Review Board (CRB), Hillsborough County, Florida, met in Regular Meeting, scheduled for Wednesday, February 9, 2000, at 6:00 p.m., in the Boardroom, County Center, Tampa, Florida.
The following members were present:

Kevin Ambler
Denise Lasher
Terry Ballard
Jan Smith
John Bales (arrived at 6:08 p.m.)
Mary Lou Tuttle
Mike Bedke
Arlene Waldron
Henry C. Beltran
Gerald White (arrived at 6:05 p.m.)
David Hurley
Dee Williams
Steve LaBour

Ms. Sue Parrish, Chief Deputy Clerk, Clerk of Circuit Court, called the meeting to order at 6:02 p.m. Chairman Pat Frank, Board of County Commissioners (BOCC), welcomed members, spoke about the responsibility and charge of the CRB, and encouraged members to address the issue of a County mayor soon. County Attorney Emeline Acton administered the oath of office to members.

ELECTION OF OFFICERS

Ms. Parrish called for nominations for chairman. Ms. Lasher nominated Ms. Smith. Mr. Bedke nominated Mr. Hurley and explained he did not know the background of other members. After members introduced themselves and gave a brief resume, Mr. Bales nominated Mr. Bedke who declined the nomination. Ms. Williams moved to close nominations, seconded by Mr. LaBour, and carried thirteen to zero. In a roll call vote, Ms. Smith was elected as chairman nine to four; members Bedke, Hurley, Waldron, and Williams voted for Mr. Hurley. Chairman Smith assumed the chair and called for nominations for vice chairman. Mr. Ballard nominated Mr. Hurley. Mr. Ambler moved to close nominations, seconded by Mr. Bedke, and carried thirteen to zero.

MINUTES OF MEETINGS

Ms. Parrish said the Clerk's Office had traditionally prepared minutes for the CRB, but it was not a requirement. Mr. Ambler moved to have the Clerk's Office prepare the minutes for the CRB, seconded by Ms. Lasher, and carried thirteen to zero.

LOGISTICS OF MEETINGS

County Administrator Daniel A. Kleman said Ms. Helen Levine, Public Affairs Officer, would be the liaison to CRB for support or information needed from County administration, and she would be supported in that responsibility by Ms. Edith Stewart, Manager, Intergovernmental Relations. Since the last CRB met, the County had established a web site and would establish a web page that would include CRB membership and minutes. Meetings would be videotaped and broadcast over Hillsborough Television (HTV), unless otherwise requested. Parking was available to members in the County Center without a fee. The informational packet included the County's directory of services, the latest annual report, and two documents from the National Civic League regarding the function of CRBs. Mr. Kleman responded to questions about HTV broadcasting meetings held outside the County Center, public notice, interpreters, and County organizations.

HISTORY OF CRB

Attorney Acton highlighted information in the executive summaries of past CRBs, which included budget information for 1986, 1991, and 1996. The County had adopted its annual budget with $50,000 available to the CRB. If necessary, the CRB could ask the BOCC to increase that amount. Attorney Acton reviewed the process in which past CRBs hired legal and conflict counsels and a part time contractor to serve as executive director.

In 1986 no charter amendment received the ten votes required to put an issue on the ballot. A proposal was made in 1991 to increase the BOCC to nine members, have an elected County chair, and address ethical issues. However, because the ballot language did not state the provision would have expanded the BOCC membership, the BOCC felt that would be misleading and asked Attorney Acton to go to court and have the issue removed from the ballot. The judge agreed, and no issues were placed on the ballot that year. In 1996 the CRB proposed to meet every eight years as opposed to every five years; that proposal failed at the referendum.

Attorney Acton explained the CRB was in session for one year under the charter. Regarding the voting rights act, Hillsborough County was considered a suspect jurisdiction for having failed to print some ballots in Spanish in the past. As a result, preclearance by the Justice Department, the date the election would be held, and whether government representation for citizens would be changed were required to place issues on the ballot. Typically, the Justice Department required 60 days for review. If additional information was requested, the Justice Department would have another 60 days to review that information. The Supervisor of Elections required several months to print an issue on the ballot, because of overseas voters. Issues were restricted to general election ballots.

Chairman Smith suggested inviting Supervisor of Elections Pam Iorio to a meeting early in the process to answer questions and give her perspective on County government. Attorney Acton explained why the County Charter changed in 1984. In response to Mr. White, Attorney Acton said the Legislative Delegation had authority to propose a change to the County Charter, but that would also require voter approval.

SUNSHINE LAW

Senior Assistant County Attorney Mary Helen Campbell explained a detailed outline of public records and the Sunshine Law had been included in members' packages. She highlighted requirements and terms used in the law, noting that the law encompassed communication between members and the use of a liaison if that person were used as a go-between to have thoughts and discussions taking place outside a noticed meeting. Members were encouraged to interact at public meetings.

The statute required reasonable notice for public meetings; Mr. Michael Foerster, Director, Communications Department, prepared press releases. Attorney Campbell suggested people could sign up to receive agendas in advance and be noticed of meetings in that manner. Many forms could be used to ensure notice of the meetings were provided to everyone. She pointed out that documents received concerning official business of the CRB were considered public records and were available to the public upon request. Responding to members questions, Attorney Campbell confirmed personal notes were public records. Members were not prohibited from talking with staff or the County Attorney's Office, other than using someone on staff as a go-between. Members should state their opinions as such if they were contacted individually by the press.

RULES OF ORDER

Chairman Smith expressed concern about a five-minute limit for individual public comment and thought a three-minute limit would be appropriate when many people wanted to speak. Mr. Hurley thought that should be added to the rules of order. Mr. White moved to adopt the rules as printed in the binder. Chairman Smith said members could obtain Robert's Rules of Order from the County Attorney's Office. Attorney Acton recommended, if CRB wanted authority to limit people to less than five minutes, adding language to the rule that CRB had the prerogative to shorten the time. Mr. Ambler amended the motion to include that unless time and circumstances permitted, at the discretion of the CRB, the time might be adjusted. Mr. White accepted the amendment. Mr. Hurley seconded the motion.

Ms. Tuttle referenced Rule 5, voting, and requested, rather than a voice vote, to have a show of hands or a roll call vote. Preferring not to have a recess in the midst of heavy debate, Ms. Tuttle moved to replace the word shall with may. Regarding waivers of rules, Ms. Tuttle moved to require an extraordinary vote to temporarily suspend the rules rather than a majority vote. Chairman Smith said past CRBs had never suspended the rules, partly because of the legality involved. Ms. Tuttle withdrew that amendment. On voting, Ms. Williams requested a rotating roll call vote, so each member would have an opportunity to vote first. Mr. White recommended leaving that to the discretion of the Chairman. Attorney Acton clarified a voice vote would be taken unless there was one or more no votes; charter amendments required a roll call vote. Chairman Smith said the amendments were as follows: (1) page three, Rule 7, change from shall to may call a ten-minute recess; and (2) page six, each person appearing under that section of the agenda would be limited to five minutes or, at the discretion of the board, the time allowed might be changed. Mr. Hurley seconded the amendments.

Mr. LaBour had attended a local Legislative Delegation meeting where a bill was discussed about whether Tallahassee should move forward to place on the ballot a change to the structure of government. He spoke about insinuations that CRB members would be manipulated. Mr. LaBour suggested placing the CRB under the same lobbying restrictions as County Commissioners and extending that practice for members to keep a log on who contacted them and whom members contacted to discuss issues. Mr. White could not support that request, because he did not want to put up barriers that would prohibit people approaching the CRB. Mr. Ballard agreed with Mr. White, and he explained the BOCC decision was final, whereas the CRB made a recommendation and voters decided.

Mr. Ambler referenced Rule 21, page seven, which stated CRB could change the rules later, with a provision that such amendment would not become effective until the same received a like vote at a CRB meeting held two weeks later. Because meetings might not be held every two weeks, Mr. Ambler suggested amending the wording by stating the phrase at the next regularly scheduled meeting. Ms. Tuttle accepted the amendment. The motion to approve the amendments to the rules of order carried thirteen to zero. The motion to approve the rules of order as amended carried thirteen to zero.

Mr. LaBour moved to have Chairman Smith work with the designated attorney to draft rules for registering lobbying contacts. Chairman Smith explained the request was an effort to record who was approached by whom to discuss changes to the charter that might or might not be proposed. The motion died for lack of a second.

BUDGET AND STAFFING

Legal Counsel - Chairman Smith said in the past the County Attorney and the attorney for the CRB had not agreed on important issues. A time might come when outside counsel would be appropriate. Mr. White moved to have Attorney Acton serve as the CRB attorney and, where conflict existed, seek outside counsel. The motion was seconded by Mr. Ballard. Ms. Williams suggested seeking outside counsel through the request for proposal (RFP) process. Attorney Acton recommended that be done following the first meeting. A conflict could arise if CRB wanted to address the provision about the County Attorney in the charter, and Attorney Acton would be unable to counsel the CRB. Mr. Ambler amended the motion to place an RFP request for hiring outside counsel. Mr. White accepted the amendment. Attorney Acton and Mr. Ambler answered questions posed by Ms. Lasher about conflicts of interest. Mr. Bedke encouraged members of the Florida Bar to respond to the RFP on a pro bono basis. Chairman Smith acknowledged Attorney Lynn Cash, who had worked with former CRBs. The motion carried thirteen to zero. Attorney Acton would submit the RFP to the Lawyer Magazine.

Executive Director - Chairman Smith spoke about the need for an executive director to assist CRB members. Ms. Lasher recommended an RFP for that position and suggested having a committee sort through applications and recommend an applicant. Mr. Ballard suggested Chairman Smith and Vice Chairman Hurley serve as the committee. Mr. Ambler wanted to know the job description before proceeding. Mr. Kleman explained a specific office location for the executive director would be specified after CRB decided how to proceed. County staff would provide staff support to assist the executive director. Mr. Ambler requested a business card that included an E-mail address and telephone, fax, and voice mail numbers. Chairman Smith recalled a telephone number for voice mail messages had been flashed on the screen during the last CRB meetings. She would work with Mr. Kleman on locating office space. (Resumed later in the meeting.)

DATE AND TIME OF MEETINGS

Chairman Smith said most meetings would be held in the County Center, but some issues could be taken to the community in public meetings. The Boardroom was available for meetings unless the time conflicted with BOCC meetings, in which case the CRB meeting would be relocated. Following discussion, Chairman Smith said the next meeting would be scheduled on March 15. She asked members to submit a list of people to speak to the CRB and to submit five issues that would be compiled and used to focus discussion. Mr. Ambler pointed out Rule 13 specified meetings would be held twice monthly at minimum. (Resumed later in the meeting.)

BUDGET AND STAFFING - RESUMED

Attorney Acton gave CRB members copies of RFPs for the executive director and legal counsel positions. Inaccurate information or information that did not apply would be changed, such as James Lee, Chairman. Compensation for the executive director was limited to no more than $25,000; attorney fees were hourly-rate with no outside limits. Chairman Smith thought it would take three weeks to receive information. Following discussion about criteria for the executive director RFP, computer was included as a communication skill by consensus. Mr. Kleman confirmed clerical support staff would not be charged to the CRB budget.

Mr. Ambler spoke about telecommunicating positions and suggested requiring specific hours for the executive director to be in the office. Mr. White suggested that be at the discretion of the Chairman, because the executive director would work closely with the Chairman. Mr. Ambler preferred bids done on an hourly basis, so the time could be controlled, and to monitor the budget, he wanted monthly reports on expended hours. Mr. LaBour suggested the advertisement state not to exceed $25,000 a year; the issues of time spent in the office, et cetera, could be addressed either in a memorandum of understanding or in a contract. Mr. LaBour moved to use the advertisement for the RFP for the position, deleting Mr. Lee's name and changing the information on the bottom, establishing a date for resumes being returned, and adding the term computer. The motion was seconded by Ms. Williams. For diversity, Mr. White suggested publishing the advertisement in the Florida Sentinal Bulletin, La Gaceta, and the city of Tampa section of the St. Petersburg Times. Mr. Ambler amended the motion to include March 3 as the deadline for receiving resumes. Mr. LaBour accepted the amendment. The motion carried thirteen to zero.

Mr. White moved to have the advertisement in La Gaceta, Florida Sentinal Bulletin, The Tampa Tribune, and the Tampa edition of the St. Petersburg Times. Ms. Lasher clarified the advertisement would be in the St. Petersburg Times, not in the Tampa edition of the St. Petersburg Times, and she suggested that advertising in The Tampa Tribune would be sufficient and fiscally responsible. Chairman Smith suggested the advertisement be added to the County web site. Mr. White agreed and included HTV. Mr. Ballard said the advertisement should be placed in the classified advertisements to limit costs. Following discussion about where to place the advertisements, Chairman Smith said advertising would be placed in the aforementioned newspapers, and the County would use its resources to distribute information. Mr. Bales seconded the motion, which carried thirteen to zero. By consensus, Chairman Smith would review and submit three applications to the CRB for a decision; members would receive copies of all applications; and the top three applicants would be invited to speak to the CRB. Members could submit their written opinion of the applicants.

Legal Counsel - Attorney Acton said the information would be sent to the Florida Bar Association to make the executive director aware of the position. Mr. Bedke encouraged the local legal community to consider serving the community by assisting in that endeavor. Chairman Smith cautioned members to use outside counsel for the CRB judiciously. Mr. Ambler moved to change the application and add the cost schedule to criterion 3, seconded by Mr. Bedke, and carried thirteen to zero. In answer to Ms. Tuttle about the proposed distribution list, Attorney Acton said number 5, those who had already sent resumes, could be eliminated, because resumes had not been received.

Mr. Beltran moved to require that applicants for executive director to be registered voters and County residents, seconded by Ms. Lasher. Mr. LaBour expressed concern about requiring applicants be registered voters, because it unnecessarily politicized the process. Ms. Tuttle would not support limiting applicants to County residents. Mr. Bedke expressed concern that an applicant might live across the bay but work in Hillsborough County, have children who attended school in Hillsborough County, and spend most of his or her recreational time in Hillsborough County. Mr. Bedke did not want to preclude that person applying. Criteria applied to CRB members were different from what should apply to a staff person. Ms. Lasher moved to divide the issues and vote seriatim. Mr. Beltran concurred. Ms. Tuttle seconded the motion, which was approved by consensus. The motion to have the person selected as the executive director to be a resident of Hillsborough County failed four to nine; members Ambler, Ballard, Bedke, Hurley, LaBour, Lasher, Smith, Tuttle, and Waldron voted no. The motion to have that person be a registered voter carried seven to six; Chairman Smith, and members Bales, Bedke, Hurley, LaBour, and Waldron voted no.

DATE AND TIME OF MEETINGS - RESUMED

Mr. Ambler moved the next meeting be held on the third Wednesday in March at 6:00 p.m.--March 15, and to suspend the rules for when the next meeting had to be held for the limited time of holding the next meeting in one month. Chairman Smith said the meeting would be held in the Boardroom unless it conflicted with the BOCC. Mr. LaBour seconded the motion, which carried thirteen to zero. Chairman Smith asked if members wanted to meet on the first and third Wednesday of each month. By consensus, the members agreed to decide at the next meeting.

PUBLIC COMMENT

Mr. Ralph Hughes, County resident, submitted copies of The Tampa Tribune editorials on the subject of an elected County executive/mayor. Ms. Marilyn Smith, County resident, encouraged members to spend less time on the minutia. Mr. Al Davis, County resident, suggested the CRB make issues easier and educate taxpayers in the process. Ms. Ann White, County resident, supported diversity and expressed concern about committees deciding for a group. Mr. White thanked Ms. White, his wife, for supporting his participation in the public process.
Mr. Ambler moved to adjourn the meeting, seconded by Ms. Williams, and carried thirteen to zero.

There being no further business, the meeting was adjourned at 8:55 p.m.

READ AND APPROVED:
CHAIRMAN

ATTEST:
RICHARD AKE, CLERK

By: Deputy Clerk