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Deputy City Attorney Amuchastegui noted the handout of tonight's presentation and gave some basic examples of potential violations. On page 6, there are some situations that are applicable to members of the Commission and Historic Preservation Board members. If you were to prepare a written report and distribute it amongst yourselves, or if one of the members were to issue a written report by email and you were to discuss it amongst yourselves, it would trigger the Sunshine Law. That is why you had an email from the City Clerk a few days ago where she gave you some of the reports to be discussed tonight and said do not discuss these prior to the meeting scheduled for tonight. If two or more members of the Board are participating in a telephone conversation and they are discussing an issue that may foreseeably appear before you as members of the Historic Preservation Board, it would trigger the Sunshine Law. Now everything is done by email and so the same rules apply, the same Sunshine Laws concerns are applicable if you are exchanging emails and in those emails two or more of you are discussing an item that could foreseeably come before the Historic Preservation Board. Another situation is if you are using the liaison to the Board as kind of a surrogate to transmit your opinions and to circulate those with another member of the Board, that would also trigger the Sunshine Law. City Attorney Ottinot noted it doesn't have to be just the liaison, it could be anyone. Deputy City Attorney Amuchastegui said there are two more situations in which the Sunshine Law would apply on pages 7 and 8 of the outline. Again, just like the City Commissioners, you as members of the Historic Preservation Board are subject to the requirements of the Sunshine Law. That does not preclude you from interacting with a member of another board, like the City Advisory Committee, but you just can't interact with another member of the Historic Preservation Board about any issue that may foreseeably come before you as a member of the Board. Also, if two or more of you were to appear before a Condo Association where there is a candidate political forum, you are not precluded from attending it but again you just simply cannot comment or interact on any issues that would foreseeably come before you. The Sunshine Law does not prevent you as Board members from having two or more of you appear at a social event, you just simply cannot discuss any issue that would foreseeably come before you as members of the Historic Preservation Board. Deputy City Attorney Amuchastegui said there are penalties for violating the Sunshine Law on page 12 of the outline, there are criminal and noncriminal violations. For criminal violations, if knowing it is a violation of the Sunshine Law, that is a second degree misdemeanor and it is punishable by a term of imprisonment up to 60 days and/or a $500 fine. Noncriminal infractions would be punishable by a fine of $500. If you as Board members were sued for violations of the Sunshine Law, it could result in any action taken by you to be void. Somebody who is claiming a violation of the Sunshine Law could file a lawsuit against you, it could be very expensive to defend, and that is why we are bringing this Sunshine Law to you to make you aware of these potential legal ramifications. 4. A Report by Consultant Ellen Uguccioni concerning the Historic Preservation Board Annual Report to Miami -Dade County. Action: Consultant Uguccioni reported acknowledging Liaison Claudia Hasbun who is the Director of Planning and Zoning, compiled the Annual Report. Every year Miami -Dade County requires every municipality in the County who is not under their specific purview to report on Summary Minutes: 2016-0316 HPB Mtg Page 2 of 5