SHIP - Affordable Housing Advisory Committee

City of Gainesville SHIP - Affordable Housing Advisory Committee Meeting AGENDA Date: Tuesday, February 13, 2024, 6:00 p.m. Location: Historic Thomas Center, Building A 302 NE 6th Ave Gainesville, FL 32601 Jamie Bell, Aymee Cepeda, Charmaine Henry, Mary Lou Hildreth, Reina Saco, Members: Fred Schilffarth, Octavia Washington, Michael Pellett, Megan Atwater Commissioner Alternate: Casey Willits If you have a disability and need an accommodation in order to participate in this meeting, please contact the Office of Equity and Inclusion at (352) 334-5051 at least two business days in advance. TTY (Text Telephone Telecommunication Device) users please call 711 (Florida Relay Service). For Speech to Speech (STS) relay, please call 1-877-955-5334. For STS Spanish relay, please call 1- 877-955-8773. For STS French Creole relay, please call 1-877-955-8707.  Pages A. CALL TO ORDER Agenda Statement: The City of Gainesville encourages civil public speech. Disruptive behavior is not permitted during City Commission and Advisory Board meetings. Please do not bring food, drinks, props, signs, posters, or similar materials into the meeting room. B. ADOPTION OF THE AGENDA C. APPROVAL OF THE MINUTES D. BUSINESS DISCUSSION ITEMS 1. 2024-128 Legal Context of Affordable Housing Advisory Committee (B) 4 Department: Housing & Community Development Description: A representative from the City Attorney’s Office will present information regarding the Affordable Housing Advisory Committee’s Authority and Powers, the Sunshine Law, the Public Records Law, Ethics, and Legislative vs. Quasi-Judicial decisions. Fiscal Note: N/A Recommendation: The Affordable Housing Advisory Committee hear a presentation from the City Attorney’s Office. 2. 2024-126 Election of Officers (B) 22 Department: Housing & Community Development Description: The Affordable Housing Advisory Committee will elect officers. Fiscal Note: N/A Recommendation: AHAC members: 1) nominate at least one member for Chair, Vice-Chair, and Secretary; and 2) elect a Chair, Vice-Chair, and Secretary. 3. 2024-135 Calendar Year 2023 Report to the City Commission (NB) 24 Department: Housing & Community Development Description: At the beginning of each calendar year, the Affordable Housing Advisory Committee reports on its activities from the previous year. Fiscal Note: N/A Page 2 of 25  Recommendation: The AHAC: 1) discuss its activities during 2023 and answer the City Commission’s questions about those activities; and 2) appoint a member to develop a draft report. E. PUBLIC COMMENT F. MEMBER COMMENT G. NEXT MEETING DATE - March 12, 2024 H. ADJOURNMENT Page 3 of 25  City of Gainesville Agenda Item Report File Number: 2024-128 Agenda Date: February 13, 2024 Department: Housing & Community Development Title: 2024-128 Legal Context of Affordable Housing Advisory Committee (B) Department: Housing & Community Development Description: A representative from the City Attorney’s Office will present information regarding the Affordable Housing Advisory Committee’s Authority and Powers, the Sunshine Law, the Public Records Law, Ethics, and Legislative vs. Quasi-Judicial decisions. Fiscal Note: N/A Explanation: All citizen advisory board members, including members of the Affordable Housing Advisory Committee (AHAC) should be aware of the legal context and constraints associated with board membership. A representative from the City Attorney’s Office will present information regarding AHAC’s Authority and Powers, the Sunshine Law, the Public Records Law, Ethics, and Legislative vs. Quasi-Judicial decisions. Strategic Connection: ☐ Goal 1: Equitable Community ☐ Goal 2: More Sustainable Community ☒ Goal 3: A Great Place to Live and Experience ☐ Goal 4: Resilient Local Economy ☐ Goal 5: “Best in Class” Neighbor Services Recommendation: The Affordable Housing Advisory Committee hear a presentation from the City Attorney’s Office. Page 4 of 25  2024-128A Public Board Member Legal Basics City of Gainesville Page 5 of 25 Office of the City Attorney  Overview • Authority and Powers • Sunshine Law • Public Records Law • Ethics Law • Legislative vs. Quasi-Judicial Decisions (only certain boards) Page 6 of 25  Authority and Powers • U.S. Constitution (10th Amendment) • States have concurrent and reserved “police powers” to promote health, safety, morals, and general welfare of their inhabitants. • Florida Constitution • Grants FL Legislature authority, by general or special law, to form municipalities that shall have certain powers (governmental, corporate, and proprietary). o FL Const., Art. VIII, Sec. 2. • Laws of Florida • City of Gainesville established: o Originally incorporated in 1866; re-incorporated 1869; Ch. 12760, Laws of Fla. (1927), as amended by Ch. 90-394, Laws of Fla. (1990). • Municipal Home Rule Powers Act: municipalities may exercise any power for municipal purposes except when expressly prohibited by state law. o Ch. 166, F.S. (1973). • City of Gainesville • Charter: Most important legal document of city (similar to local constitution); initially adopted by FL Legislature; may be amended locally. • Local Enactments: Comprehensive Plan; Code of Ordinances; Resolutions; Policies. Page 7 of 25  Sunshine Law • Any MEETING of a public board/commission: 1. NOTICE given to public 2. OPEN to public 3. MINUTES taken and recorded.¹ • MEETING = Any instance, formal or casual, where two or more members of the same board have any kind of discussion on any matter that will foreseeably come before that board for action.² • ¹ §286.011, Florida Statutes (1967); Article I, Section 24, Florida Constitution (1992). • ² Sarasota Citizens for Responsible Government v. City of Sarasota, 48 So. 3d 755, 764 (Fla. 2010). Page 8 of 25  Public Records • The public has a right to access all materials that are: 1. made or received by a public body, officer, employee, or persons acting on their behalf, and 2. used to perpetuate, communicate, or formalize knowledge in connection with official business. • Unless specifically exempted by the Florida Constitution or Florida Statutes. • 1) Article I, Section 24, Florida Constitution; 2) Chapter 119, Florida Statutes. Page 9 of 25  Open Government Laws Liability • Attorney’s Fees – may be assessed against individual board member(s) for SL violation, if advice of attorney not followed.¹ • Action Void – any SL violation (irrespective of intent or degree of resulting prejudice/injury) is “irreparable public injury” that voids any resulting action.² • Knowing Violation – SL: criminal 2nd degree misdemeanor, punishable by up to 60 days in jail and $500 fine. PR: 1st degree mis./$1000 fine.³ • Negligent Violation – noncriminal infraction, fine not exceeding $500.⁴ • Removal from Office.⁵ • 1) §286.011(4), F.S.; 2) Town of Palm Beach v. Gradison, 296 So. 2d 473 (Fla. 1974), Port Everglades Authority v. International Longshoreman’s Association, Local 1922-1, 652 So. 2d 1169 (Fla. 4th DCA 1995); 3) §286.011(3)(b) and §119.10, F.S.; 4) §286.011(3)(a) and §119.10, F.S.; 5) §112.52, F.S. Page 10 of 25  Ethics • Board member’s personal responsibility to determine the application of Florida’s Code of Ethics to any particular situation. • Advisory opinion – City Attorney’s Office • Binding opinion – Florida Commission on Ethics (850-488- 7864) • Penalties for violations may include: impeachment; removal from office or employment; suspension; public censure; reprimand; demotion; reduction in salary level; forfeiture of no more than one‐third salary per month for no more than twelve months; a civil penalty not to exceed $10,000; restitution of any pecuniary benefits received, and triple the value of a gift from a political committee; forfeiture of all rights and benefits under the retirement system to which they belong. Page 11 of 25  Ethics – Annual Training §112.3142, F.S. • All elected municipal officers must complete 4 hours of ethics training each calendar year which addresses, at a minimum: §8, Art. II of the FL Constitution; the Code of Ethics for Public Officers and Employees, and FL’s Sunshine and Public Records Laws. • Must receive training as close as possible to date that officer assumes office. Page 12 of 25  Ethics – Disclosures §112.3144 and §112.3145, F.S. Only certain boards required to file these disclosures. • Form 6 – Full Financial Disclosure (elected officials only) • Form 1 – Limited Financial Disclosure (certain appointed boards) • Sources and types of financial interests; no dollar values. • Form 2 – Quarterly Client Disclosure (elected officials and certain appointed boards) • Filed only if you or a partner or associate of your professional firm represent a client for compensation before the City. • Form 9 – Quarterly Gift Disclosure (elected officials and certain appointed boards) • Filed only if you received a gift worth more than $100, other than gifts from “relatives” (defined in §112.312, F.S.) or gifts primarily associated with your private business/employment. • Form 6 should be electronically filed annually by July 1 with the Florida Commission on Ethics. Other forms filed with the Supervisor of Elections and electronically with the FCOE. See Staff Liaison or City Clerk’s Office for assistance. Page 13 of 25  Ethics - Behavior Public Duties vs. Private Interests • May not be employed with or have a contract with any business or agency: 1) that is regulated by or doing business with the City, or 2) when such relationship poses a frequently recurring conflict between the official’s private interests and public duties.¹ • May not either: 1) corruptly use your position or the resources thereof, or 2) use info not available to the public to obtain a special privilege or benefit for yourself or someone else.² Gifts • May not solicit or accept anything of value that is based on understanding that your vote, official action, or judgment would be influenced.³ • May not otherwise accept a gift worth more than $100 from anyone who has lobbied you or the City within the past 12 months, or the partner, firm, employer, or principal of such a lobbyist, or from a political committee or vendor doing business with the City.⁴ • 1 §112.313(7), F.S.; 2 §112.313(6), (8), F.S., 3 §112.313(2), F.S.;Page 4 §112.3148, 14 of 25 F.S.  Ethics - Voting •All board members are required to vote, unless: 1. There is or appears to be a possible voting conflict, or 2. To avoid potential bias or prejudice in a quasi-judicial proceeding.¹ • ¹ §286.012, F.S. Page 15 of 25  Ethics - Voting Conflicts • Any matter that would result in a special private gain or loss to the board member or a relative, business associate, or principal by whom the board member is retained. • Relative: father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, or daughter-in-law. • Principal by whom retained: an individual or entity that for something of value has permitted or directed another to act for the individual or entity, including a client, employer, or the parent, subsidiary or sibling organization of one’s client or employer. • §112.3143, F.S. Page 16 of 25  Ethics - Voting Conflicts • If conflict exists, must be disclosed: • Known prior to the meeting – COE Form 8b distributed to board members and verbally disclosed. • Unknown prior to the meeting – verbally disclosed and COE Form 8b filed with staff liaison within 15 days and distributed at next meeting. • After disclosure, appointed board members must abstain from voting (and may not be considered for quorum purposes), but may participate in the discussion of the matter. • §112.3143, F.S. Page 17 of 25  Legislative vs. Quasi-judicial • Generally two types of local government board decisions: • Legislative – makes law/policy that generally applies to a broad group of citizens. • Quasi-judicial – applies already-established law/policy to a specific, individualized situation (i.e., determining whether a specific application meets existing regulations or requirements). Page 18 of 25  Quasi-judicial Hearings • Hearing Requirements (and judicial review standards): • Procedural Due Process¹ 1. Adequate prior notice, 2. Fair opportunity to be heard, present evidence, and cross-examine any witnesses, and 3. Unbiased decision-maker. • Essential requirements of correct law • Competent, substantial evidence • ¹ 14th Amendment, U.S. Constitution; ArticlePage I, Section 19 of 25 9, Florida Constitution.  Quasi-judicial Hearings • Unbiased decision-maker: • Hearings must be free from any just suspicion of prejudice, unfairness, fraud, or oppression.¹ • Mere political bias or adverse political philosophy does not equal bias.² • Ex-parte communications prohibited.³ Must disclose at hearing any inadvertent communications. • 1) Bd. of Pub. Instruction of Broward Cnty. v. State ex rel. Allen, 219 So. 2d 430, 432 (Fla. 1969); 2) Hortonville Joint School Dist. No. 1 v. Hortonville Educ. Ass’n, 426 U.S. 482 (1976); 3) See Jennings v. Dade County, 589 So. 2d 1337 (Fla. 3d DCA 1991). Page 20 of 25 •Questions? Page 21 of 25  City of Gainesville Agenda Item Report File Number: 2024-126 Agenda Date: February 13, 2024 Department: Housing & Community Development Title: 2024-126 Election of Officers (B) Department: Housing & Community Development Description: The Affordable Housing Advisory Committee will elect officers. Fiscal Note: N/A Explanation: Typically, at the first meeting of each calendar year, the Affordable Housing Advisory Committee (AHAC) nominates and elects officers from its membership. Usually, AHAC elects three officers: 1) the Chair, who administers the meetings; 2) the Vice-Chair, who serves as the Chair when the Chair is absent; and 3) the Secretary; who coordinates with the Staff Liaison to record votes and produce meeting minutes. Strategic Connection: ☐ Goal 1: Equitable Community ☐ Goal 2: More Sustainable Community ☒ Goal 3: A Great Place to Live and Experience ☐ Goal 4: Resilient Local Economy ☐ Goal 5: “Best in Class” Neighbor Services Recommendation: AHAC members: 1) nominate at least one member for Chair, Vice- Chair, and Secretary; and 2) elect a Chair, Vice-Chair, and Secretary. Page 22 of 25  2024-126A AHAC Officers Election Form—Calendar Year 2024 February 13, 2024 AHAC Member Name: ____________________________________________________ Chair Nominations Place “X” by Chosen Nomination (Chose only 1) Vice-Chair Nominations Place “X” by Chosen Nomination (Chose only 1) Secretary Nominations Place “X” by Chosen Nomination (Chose only 1) Page 23 of 25  City of Gainesville Agenda Item Report File Number: 2024-135 Agenda Date: February 13, 2024 Department: Housing & Community Development Title: 2024-135 Calendar Year 2023 Report to the City Commission (NB) Department: Housing & Community Development Description: At the beginning of each calendar year, the Affordable Housing Advisory Committee reports on its activities from the previous year. Fiscal Note: N/A Explanation: Each year, the City Commission asks its advisory boards to submit and present a brief report on the board’s activities over the previous year. At a minimum, the City Commission requests that the board answer the following five questions: 1. As you see it, what is the mission of the Affordable Housing Advisory Committee (AHAC)? 2. What are the three most important things that the AHAC did during calendar year 2023? 3. What are the three most important things the AHAC is working on right now, or hopes to work on in 2024? 4. What could the City Commission do to help the AHAC better serve our neighbors? 5. What else does the City Commission need to know about the AHAC? The City Commission requests that the AHAC present this report at a Commission meeting no later than July 2024. Given that timeframe, the AHAC can discuss this topic at its February 2024 meeting, and ask a member to develop a written draft for the Committee to review, and possibly approve, at its March 2024 meeting. Page 24 of 25 Strategic Connection: ☐ Goal 1: Equitable Community ☐ Goal 2: More Sustainable Community ☒ Goal 3: A Great Place to Live and Experience ☐ Goal 4: Resilient Local Economy ☐ Goal 5: “Best in Class” Neighbor Services Recommendation: The AHAC: 1) discuss its activities during 2023 and answer the City Commission’s questions about those activities; and 2) appoint a member to develop a draft report. Page 25 of 25