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Item P03 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 3/18/09 - MAR Division: County Attorney Bulk Item: Yes XX No Staff Contact Person: Suzanne Hutton AGENDA ITEM WORDING: Approval of a resolution providing direction to staff re distribution of informational items. ITEM BACKGROUND: From time to time, commissioners directly contact staff re matters of specific concern to them. Sometimes a mere explanation of the County's role in the matter is the end of the discussion. In other instances, substantial information is provided to the commissioner and the matter is placed on the County Commission agenda for some action or direction to staff. Commissioners who have not been involved in the exchange of information have indicated a desire to be provided the same background information on agenda items. Staff has indicated a need for clear direction on the type of information or in what circumstances the BOCC desires information supplemental to agenda item background to be circulated to all commissioners. PREVIOUS RELEVANT BOCC ACTION: No action has been taken. This proposed resolution is the result of statements made by commissioners about the difficulty to assimilate new and lengthy information which one commissioner may raise during discussion of an agenda item and to make meaningful use of that information in reaching a decision within minutes of the information being provided for the first time. CONTRACT/AGREEMENT CHANGES: NjA STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes N/A No COST TO COUNTY: N/A. SOURCE OF FUNDS: REVENUE PRODUCING: Yes No xx AMOUNTPERMONTH_ Year APPROVED BY: County Atty ~ OMBlPurchasing _ Risk Management _ DOCUMENTATION: Included X Not Required _ DISPOSITION: Revised 2/05 AGENDA ITEM # RESOULTION NO. -2009 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, PROVIDING DIRECTIONS TO STAFF REGARDING DISTRIBUTION OF INFORl\fATIONAL ITEMS. WHEREAS, individual County commISSIOners regularly request information from county staff about pending agenda items and County projects and programs; and WHEREAS, members of the Board of County Commissioners at a recent public meeting verbally directed that staff provide all commissioners with the same information when one commissioner requests information about an agenda item; and WHEREAS, County staff have requested more specificity as to what types of items and/or information the informal directive applies; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Monroe County, Florida, that: 1. When any Commissioner requests information from a County employee or contracted agent concerning an item which is listed on an agenda for a pending meeting, all commissioners shall be supplied with the same information. Due to the potential for inadvertent violations of the Sunshine Law if all commissioners receive that information in a format which imparts even an implication as to how the commissioner might vote on the item, information should be not be in the format of a reply to the commissioner, or a forward of that reply, but shall be disseminated through a generic communication that says words to the following effect: "Pursuant to a request for information, I am providing all commissioners with the following:. . . " 2. When any Commissioner requests information from a County employee or contracted agent concerning a matter which is not listed on an agenda for a pending meeting, the employee or agent may use his or her discretion as to disseminating the requested information to all commissioners. The decision should be based at least in part upon whether the topic is one of recurring appearance on the BOCC agenda. In every case, the information should either be provided to all of the commissioners or only the requesting commissioner. 3. This Resolution shall become effective upon the date of its adoption. Directions for Distribution Information to Commissioners 1 PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County, Florida at a regular meeting on said Board on the _ day of , A.D., 2009. Mayor George Neugent Mayor Pro Tem Sylvia Murphy Commissioner Heather Carruthers Commissioner Mario DiGennaro Commissioner Kim Wigington (SEAL) BOARD OF COMMISSIONERS OF COUNTY, FLORIDA COUNTY MONROE ATTEST: Danny L. Kolhage, CLERK By: By: Deputy Clerk Mayor George Neugent ::Ltj .,..,.,;~"" Directions for Distribution Information to Commissioners 2