Apr 02, 2024 Fort Pierce Utilities Authority

[MEETING TO ORDER]

[00:00:17]

4:00 P.M. AND I WOULD LIKE TO CALL TO ORDER THE MEETING OF THE UTILITY BOARD. PLEASE STAND FOR THE INDICATION GIVEN BY

JASON MITTLER. >> WE ASK FOR YOUR DIRECTION LEADING FPUA IN YOUR FAVOR IN CONTRACT NEGOTIATION AND GRANT APPLICATIONS. WE PRAY FOR CLARITY AS THE BOARD DISCUSSES HER TEACHING STRATEGIES TO MANAGE POLICIES FOR FPUA. WE PRAY THIS, IN JESUS NAME, AMEN.

>> I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. AND TO THE PUBLIC WHICH STANDS INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL. PLEASE BE SEATED.

>> MADAME CLARK, WILL YOU PLEASE CALL THE RULE.

[A. SET THE AGENDA]

BEING CALLED ] >> NEXT IS SETTING THE AGENDA.

DO I HAVE A MOTION? MADAME CLERK WE PLEASE CALL THE

[C. APPROVAL OF MINUTES]

>> EACH OF YOU SHOULD HAVE A COPY OF THE MINUTES FOR MARCH

19TH, 2024. DO I HAVE A MOTION? >> DOES COMMENTS FROM THE

PUBLIC, HEAD OF THAT? >> SECOND.

>> MADAME CLERK WE PLEASE CALL THE ROLL? IS PUBLIC COMMENT. IF YOU WOULD LIKE TO COME FORWARD AND SPEAK, PLEASE DO SO NOW. STATE YOUR NAME AND ADDRESS FOR THE

[D. CONSENT AGENDA]

OKAY. SEEING NO ONE HAS COME FORTH, I WILL NOW CLOSE THE PUBLIC COMMENTS AND MOVED TO THE CONSENT AGENDA. ARE THERE ANY ITEMS THE BOARD WOULD LIKE TO GO FOR DISCUSSION ON THE CONSENT AGENDA OR DO I HAVE A MOTION?

>> I MOVE APPROVAL. >> SECOND.

>> MADAME CLERK, WILL YOU PLEASE CALL THE ROLL?

[E.1. Recognition of Excellence - Tyrus Darville]

BEING CALLED ] >> WE WILL NOW CONVERT TO THE REGULAR AGENDA BY MR. CISNEROS.

>> THANK YOU, THERE ARE ONLY ONE AVAILABLE RIGHT NOW. I WOULD LIKE TO TURN IT OVER TO MS. CORTEZ TO READ THE

RECOMMENDATION OF EXCELLENCE. >> WE HAVE RECEIVED AN EMAIL FROM A CUSTOMER REGARDING AN EMPLOYEE NAMED TY REESE.

THERESE CAME OUT TO MY PROPERTY AND MARKED MY UNDERGROUND UTILITY LOCATIONS. TY REESE WAS PROFESSIONAL, POLITE, COURTEOUS, KNOWLEDGEABLE, AND EXCITED TO DISCUSS MY OPTIONS FOR DIGGING. HE WAS A PLEASURE TO WORK WITH. HE LOVES HIS JOB, AND LOVES TO HELP OUT HIS CUSTOMERS. PLEASE PASS ON MY APPRECIATION FOR A JOB WELL DONE, LARRY WINTER.

>> I WOULD LIKE TO MENTION THAT MR. WINTER APPROACHED ME AT COFFEE WITH THE MAYOR AND TOLD ME ABOUT TY. WE CALL HIM TY.

HE IS A FANTASTIC EMPLOYEE. ALWAYS WILLING TO HELP, HE IS FUN TO BE AROUND AND REALLY ENERGETIC. I'M REALLY HAPPY TO

[E.2. Resolution No. UA 2024-05 - Amending Board Policy which was Adopted by Resolution 2021-11.]

>> THAT IS OUTSTANDING. OKAY. WE WILL NOW MOVE TO OUR NEXT

ITEM. >> CAROLINE WILL TACKLE THE

NEXT TWO ITEMS. >> THANK YOU. APOLOGIES, THERE IS SOME CONFUSION. THERE ARE TWO DIFFERENT PRINTOUTS. ONE DOES HAVE PUBLIC COMMENT AFTER THE MINUTES AND ONE HAS IT BEFORE. WE WILL MAKE SURE THAT THOSE MATCHUP IN THE FUTURE.

[00:05:03]

>> OKAY. MADAME CLERK? COULD YOU READ THE RESOLUTION FOR US? THE UTILITY'S AUTHORITY AMENDING RESOLUTION YOU A 2021-11 FOR THE BOARD POLICIES PROCEDURES AND RULES OF ORDER AND PROVIDING REPEAL AND SEVERABILITY BY AN EFFECTIVE

DATE. >> THANK YOU. DO I HAVE A

MOTION? >> I HAVE A COUPLE OF COMMENTS IF WE CAN CHAT ABOUT IT. MOST OF THIS IS FAIRLY STRAIGHTFORWARD. THIS IS A TABOO THING TO TALK ABOUT. THE PAY FOR THE BOARD. I DON'T THINK YOU SHOULD GO IN NOW, I DON'T CARE HOW MUCH I AM GETTING. I FEEL LIKE THERE IS A PIECE OF COMPENSATION AND BENEFITS FOR BOARD MEMBERS IN THIS THAT MAYBE WE NEED TO HAVE A LITTLE BIT OF A DISCUSSION ABOUT. THE AMOUNT IS VERY LOW. I WOULD LIKE TO MAKE SURE THAT GOING FORWARD, WE HAVE SUCH A TALENTED GROUP HERE AND I FEEL LIKE WE HAVE BEEN EXTREMELY FORTUNATE TO HAVE THAT.

HOWEVER, I DON'T KNOW THAT EVERYBODY CAN DO THIS WITH THEIR FREE TIME AND NOT BE ABLE TO BE COMPENSATED A LITTLE BIT MORE FOR IT. I WOULD LIKE TO HAVE A DISCUSSION WITH YOU GUYS ABOUT HOW YOU FEEL ABOUT THAT.

>> I WILL JOIN IN WITH YOUR CONCERN, IT IS WOEFUL, COMPARATIVELY, THE RESPONSIBILITY THAT WE HAVE BEEN APPOINTED TO , THIS NEEDS TO BE INCREASED. 3600 PER YEAR IS NOTHING. FOR THE HOURS THEY PUT IN. FOR SOME OF US THAT ARE TAKING OFF UNEMPLOYMENT GETTING HERE, FOR THE HOURS THAT YOU PUT IN, IT NEEDS TO BE INCREASED AT LEAST. MAYBE THREE TIMES THE FOLD. IF YOU ARE LOOKING FOR LONG-TERM PLANS TO ENCOURAGE PEOPLE TO MAKE APPLICATIONS, ESPECIALLY THOSE THAT ARE TALENTED IN OWNING BUSINESSES, AND THAT ARE A BENEFIT TO THE CITY, THERE WILL HAVE TO BE SOMETHING THERE THAT COMPENSATES THEM OR MAKES THEM FEEL LIKE THIS IS WORTH MY TIME TO DO. 3600 PER YEAR TO MANAGE A BUDGET THAT IS OVER 100 MILLION IS ACTUALLY PRETTY ROUGH.

>> MADAME CHAIR, IF I MAY, THERE ARE A FEW OPTIONS TODAY, YOU COULD DISCUSS A NUMBER OF DIFFERENT VALUES. ONE OF THE THINGS THAT WE WILL BE BRINGING TO THE NEXT BOARD MEETING IS A CLASSIFICATION STUDY THAT WE ARE DOING FOR THE ENTIRE ORGANIZATION INCLUDING THE BOARD MEMBERS. I WILL TAKE THREE OR FOUR MONTHS AFTER WE GET IT APPROVED. THAT IS HOW WE CAN LOOK AT THAT NUMBER WITHIN THE INDUSTRY OF FLORIDA. I AM WELL AWARE THAT THE NUMBER IS A CONCERN THAT WE SHOULD EXPLORE.

WE NEED TO MAKE SURE THAT WE INCLUDE ANY COMPENSATION STUDY SO THAT IF IT COMES BACK COMPARED TO OTHER UTILITY BOARDS AND SUCH. OR THE ADJUSTMENT COULD BE WHATEVER THE BOARD DECIDES TO DO TODAY. JUST ANOTHER AVENUE FOR US TO

BE ABLE TO EVALUATE THAT. >> I THINK LOOKING AT THE EVALUATION IN THE STUDY WOULD BE THE FIRST STEP.

>> RIGHT. I WANT TO SEE WHAT THE INDUSTRY IS DOING. LOOK AT WHAT THE CITY COMMISSION IS DOING AS WELL. I THINK THAT THERE SHOULD BE SOME PARALLELS THERE. NOT TO EXCEED THE COMMISSION OR BE AT THEIR LEVEL. WE HAVE A LOT OF GROUND TO MAKE UP. WE HAVE TO LOOK AT WHAT OTHER MUNICIPALITIES SIMILAR TO US ARE DOING AS WELL.

>> WE WILL BE INCLUDING THE ENTIRE ORGANIZATION FOR BOARD

[00:10:02]

>> COULD YOU FIND ANY EVIDENCE ABOUT WHEN THIS AMOUNT WAS

CHOSEN? >> I AM STILL DOING SOME

RESEARCH. >> OF WHEN THAT NUMBER WAS

ESTABLISHED. >> DO YOU THINK IT IS MORE THAN

20 YEARS OLD? >> I THINK SO.

>> I THINK IT IS MORE THAN 30 YEARS OLD.

>> I KNOW IT IS OVER 10. I DON'T KNOW IF IT IS 20 YEARS OLD ARE NOT, WE WILL FOLLOW-UP ON WHEN IT WAS FIRST

ESTABLISHED. >> BARBARA, DO YOU KNOW? OKAY.

CHAIR? >> JUST MY TWO CENTS, I TOTALLY AGREE, FOR THE LEVEL OF RESPONSIBILITY AND NOT ONLY THE AMOUNT OF KNOWLEDGE THAT IT TAKES TO MAKE A COMPETENT DECISION, BUT ALSO THE PUBLIC SCRUTINY

>> THAT WE UNDERGO WHEN WE MAKE SOME OF THOSE TOUGH DECISIONS.

IT MAKES IT A POSITION THAT RIGHT NOW, IT IS A HUGE SACRIFICE TO BE ON THE UTILITY BOARD. I WOULD NOT RECOMMEND THAT WE GIVE THE BOARD A RAISE WHERE IT IS NOT A SACRIFICE ANYMORE AND PEOPLE ARE LOOKING AT IT, YOU ARE WELL PAID FOR WHAT YOU DO. IT IS A VERY PECULIAR POSITION TO BE PUT IN, TO VOTE ON YOUR OWN SALARY. LIKE MS. GIVENS SAID, I DO NOT HAVE A DESIRE TO RAISE IT FOR MYSELF, WHEN WE MAKE DECISIONS APPEAR, I AM THINKING OF A FIVE, 10, 30 YEAR TIME FRAME.

WE ARE VERY FORTUNATE TO HAVE A HIGH-PERFORMING BOARD RIGHT NOW. TO CONTINUE TO HAVE THAT AND TO HAVE THE BEST CHANCE POSSIBLE, I DO BELIEVE THAT SOME CHANGES NEED TO BE MADE TO THE COMPENSATION THAT SOMEONE WOULD GET BEING ON THIS BOARD.

HE NEEDS TO FIT INTO THE FINANCIAL PLAN THAT LEADERSHIP COMES UP WITH AND ALL OF THAT GOOD STUFF. I AM NOT CONCERNED BUT I AM INTERESTED IN WHAT WE CAN DO TO MAKE THIS A MORE

COMPETITIVE POSITION. >> I AGREE WITH YOU MS. GIVENS, WITH ALL OF THE SALARIES THAT ARE GIVEN, WE ARE TALKING ABOUT THIS TODAY. YOU SAID THAT YOU WOULD LOOK INTO IT IN THREE

MONTHS? >> THE COMPENSATION STUDY WILL TAKE ABOUT 3 TO 4 MONTHS. ONCE THE CONTRACT IS EXECUTED, THAT IS WHAT WE ARE EXPECTING THE TIMELINE TO BE. IF WE BRING IT BACK IN MAY, THE OCTOBER TIMEFRAME, THE STUDY WILL BE

DONE. >> WE WILL BE LOOKING AT THE

NEW SALARY CHANGES? >> WE WILL PROBABLY HAVE THE STUDY DONE IN OCTOBER. AND PROVIDE SOME KIND OF IMPLEMENTATION PLAN FOR THE FOLLOWING YEAR.

>> WE ARE LOOKING AT EMPLOYEES ALSO. AT THE BEGINNING OF OCTOBER WE LOOK AT SALARY CHANGES. IF IT TAKES UNTIL NOVEMBER OR DECEMBER, WILL THAT BE RETROACTIVE? FOR THAT FISCAL

YEAR? >> AS WE PREPARE FOR THE UPCOMING BUDGET WORKSHOP, WE WILL DIG INTO SOME OF THOSE DETAILS. I WILL HAVE TO GET BACK TO YOU. WE WILL SEE HOW THE FINANCES WORK WITHIN THE EXISTING RATE STRUCTURES.

HOPEFULLY THE ANSWER IS YES, THE BUDGET WORKSHOP WILL BE ABLE TO TALK ABOUT THE TIMELINE WHICH IS NEXT MONTH, I THINK.

THE BUDGET WORKSHOP IS NEXT MONTH? IN MAY. OKAY. WE WILL BE ABLE TO TALK ABOUT THE TIMELINES ON THE COST-OF-LIVING ADJUSTMENTS FOR THE EMPLOYEES AND ANY OTHER RATE FUNDED PROJECTS THAT WE HAVE. WE WILL LOOK AT THE CAPITAL BUDGET. WE HAVE TO LOOK AT BOTH OF THEM TOGETHER TO BE ABLE TO TO TELL HOW WE CAN WORK ON THE COST-OF-LIVING ADJUSTMENTS.

>> MADAME CHAIR, I HEAR WHAT YOU ARE SAYING. THIS HAS BEEN FLOATED BEFORE. THE REALITY IS THAT MOST PEOPLE DON'T KNOW THAT THIS IS A PAID POSITION. MOST CUSTOMERS DO NOT KNOW.

MOST OF THE PUBLIC DOES NOT KNOW. THIS IS UNDER PUBLIC

[00:15:07]

I'M NOT SAYING NOT TO GO AHEAD. HAVE JUSTIFICATION. AND LOTS OF BACKUP AND LOTS OF REASONS FOR DOING IT. BECAUSE, I DON'T THINK THAT -- I THINK THE COMMISSION CONSIDERS THIS PUBLIC SERVICE. THE COMMISSION GETS A SALARY. THIS YEAR, IT GAVE ITSELF A RAISE. AN HONEST RAISE. AND IT CREATED ONE OF THE BIGGEST PUBLIC MEETINGS WE HAVE HAD IN THE BUDGET SESSION.

DON'T WANT TO PAY FOR YOUR TIME. STILL, EVEN THE CITY COMMISSION LOOKING COMPARATIVELY, IS LOW.

>> WE GAVE OURSELVES A MODEST INCREASE WHICH WE HAVE NOT FOR SEVERAL YEARS. IT STILL BECOMES ONE OF THOSE THINGS THAT ARE EASILY BLOWN UP AND ATTACKED. AND RIDICULED. ALL THE OTHER THINGS THAT GO WITH IT. I'M NOT SAYING TO FORGE AHEAD WHEN THINKING ABOUT THIS. IT WAS NEVER BROUGHT UP AT A BOARD MEETING, I DON'T THINK. IT WAS NEVER BROUGHT UP IN MY TIME. IT WAS BROUGHT UP WITH INDIVIDUAL DIRECTORS. WHAT WE ARE ENTERING IS A SITUATION WHERE YOU JUST HAVE TO BE PREPARED FOR A LOT OF PUBLIC SCRUTINY.

>> IT ALWAYS WILL BE. THERE IS THE CONCERN THAT THEY HAVE, WILL RATES GO UP FOR IT? THIS IS SOMETHING THAT WILL BE BUDGETED. IF ANYTHING, MAY BE A CAPITAL IMPROVEMENT PROJECT MIGHT BE SLOWED DOWN. STILL, THIS IS SOMETHING THAT NEEDS TO BE DONE. UA IS GROWING AND EXPANDING AND AT SOME POINT IN TIME, WE WILL NEED VERY CAPABLE BOARD MEMBERS IN THE FUTURE.

WHAT WE ARE TALKING ABOUT TODAY DOES NOT HAVE TO BE EFFECTIVE THIS YEAR OR LAST YEAR. IT DOES NOT HAVE TO BE IMPLEMENTED

SLOWLY OVER TIME. >> THIS IS AN ELECTION YEAR.

AND ALSO , THE PUBLIC'S VIEW IS THAT THIS IS PUBLIC SERVICE.

YOU KNOW. THAT MAY OR MAY NOT BE FAIR. I JUST THINK THAT BEFORE WE EMBARK ON SOMETHING THAT BRINGS A LOT OF ATTENTION TO US, WE NEED TO THINK THIS THROUGH. I KNOW WITH OTHER COMPANIES, I GET WHAT YOU'RE SAYING, THE BUDGET AND RESPONSIBILITY. I KNOW THAT IS A CORPORATE NORM, TO PAY BOARD MEMBERS. I KNOW IT IS. THIS IS JUST A LITTLE BIT DIFFERENT AND WILL NEED A LITTLE BIT MORE PREPARATION, JUSTIFICATION,

YES. >> LOUD AND CLEAR. I HAVE THE OPPORTUNITY TO GO BACK AND LOOK AT THE COMPENSATION STUDY AND MAKE SURE IT IS WELL THOUGHT OUT, WELL JUSTIFIED AND WELL EXECUTED. NUBIAN INTEREST OF THE BOARD MEMBERS, I WOULD BE INTERESTED TO KNOW IF OTHER COMPANIES THAT HAVE A SEPARATE BOARD, WHAT THEIR COMPENSATION IS.

>> THAT WOULD BE NICE TO KNOW THE RESOURCES THEY HAVE ON

THEIR MEMBERS TO LOOK AT. >> SOME OF THEM THAT ARE UNDER THE CITY -- NO OTHER BOARD OF THE CITY GETS ANY OTHER COMPENSATION. I KNOW THAT THIS IS DIFFERENT. I THINK WE NEED

TO THINK IT THROUGH. >> IT DOES. CUSTOMERS AND CITIZENS NEED TO KNOW. NOT ONLY IS THIS PUBLIC SERVICE, WHAT COMES WITH IT IS THE RESPONSIBILITY. WITH A SIGNIFICANT AMOUNT OF LIABILITY. IF YOU WANT TO

[00:20:09]

COMES WITH IT. >> RIGHT.

>> THERE WILL HAVE TO BE GIVE-AND-TAKE. RIGHT NOW, WHERE WE ARE AT, THAT CAN BE APPROVED AND IT SHOULD BE APPROVED.

THREE OF US ARE IN BUSINESS FOR OURSELVES. WHEN YOU STEP OUT,

THE MONEY STOPS. >> A LOT OF OUTSIDE WORK THAT

YOU DON'T GET PAID. EXACTLY. >> WE HAVE TO HAVE SOMETHING THAT FAIRLY COMPENSATES FOR THE TIME INVOLVED. THIS IS MY SECOND TERM, I WILL NOT BE ON VERY MUCH LONGER. I'M THINKING ABOUT THE NEXT PEOPLE THAT COME IN. I WOULD LIKE THEM TO SPEND THE TIME AND LOOK AT THESE DECISIONS AND NOT WORRY ABOUT WHAT IS GOING ON IN THEIR LIFE. THEY WANT TO KNOW THAT THEIR

NEEDS WILL BE MET. >> THE POWER OF THE BOARD THAT WE HAVE NOW IS THE BEST. I APPRECIATE THAT. ALL OF US TAKE IT SERIOUSLY. IT HAS NOT ALWAYS BEEN THAT WAY. EVERY YEAR, WE GET BETTER AT IT. STAFF IS TRAINING US MORE AND MAKING US BETTER AT WHAT WE DO. THIS BOARD SPENDS MORE TIME AT THIS JOB THAN PREVIOUS BOARDS HAVE DONE. BECAUSE YOU ARE INTERESTED AND CARE ABOUT IT AND WANT TO DO THE RIGHT THING.

ALL OF THAT HAS TO BE TAKEN INTO CONSIDERATION.

>> WE WILL VOTE ON THE PROCEDURES.

>> AT THIS POINT IN TIME, WE CAN AMEND THEM AS IT HAS BEEN RECOMMENDED WITH THE UNDERSTANDING THAT THERE IS A RESTRICTION TO MOVE FORWARD WITH THE COMPENSATION STUDY INCLUDING BOARD MEMBERS UNDERSTANDING THAT WE CAN ALWAYS AMEND THE 2021 RESOLUTION AGAIN AT ANOTHER

DATE IF THE BOARD SO CHOOSES. >> WE NEED THE DIRECTION TO MOVE FORWARD WITH THE COMPENSATION STUDY?

>> YEAH. IT IS ALREADY IN THE STUDY TO INCLUDE BOARD MEMBERS.

WE WILL BE INCLUDING BOARD MEMBERS WITH OTHER UTILITY

BOARDS. >> YOU DON'T NEED TO AUTH THE CONSULTANT IN THAT REQUEST FOR PROPOSALS, IT HAS THE DEFINITION OF EMPLOYEES FOR THE BOARD MEMBERS. YOU WILL SEE THAT. WE HAVE ALREADY MOVED FORWARD ON RECEIVING RFPS BACK FOR THE COMPENSATION STUDY TO INCLUDE BOARD MEMBERS.

>> DO WE HAVE A MOTION WITH THE AMENDMENT?

>> SECOND. >> MADAM CLERK, WE PLEASE CALL THE ROLL?

[E.3. Board Training Session 5 - Code of Ethics]

>> MOVING TO THE NEXT AGENDA ITEM.

>> THANK YOU AGAIN. OKAY. LET ME SEE IF I CAN GET A CLICKER UP HERE. TODAY WE ARE GOING TO BE GOING THROUGH OUR LAST TRAINING SESSION. WE HAVE HAD FOR OTHER TRAINING SESSIONS SO FAR. TODAY WE ARE GOING TO GO OVER THE CODE OF ETHICS. LET ME SEE HERE. LET ME GET THIS UP AND RUNNING. ALL RIGHT, LET'S JUST MAKE SURE. OKAY. OKAY. YOU WILL RECALL THAT IN THE PAST WE HAVE GONE OVER A NUMBER OF TOPICS SO FAR, THE SUNSHINE LAW, WHICH INCLUDED THE OPEN MEETINGS COMPONENT AS WELL AS THE PUBLIC RECORDS. WE HAVE GONE OVER SOCIAL MEDIA AND VOTING CONFLICTS. TODAY, IF YOU WILL BEAR WITH ME, WE WILL GET THROUGH A LOT. AFTER TODAY'S TRAINING, WE WILL HAVE A VERY GOOD UNDERSTANDING OF THE APPLICABLE LAWS TO EACH OF YOUR DUTIES HERE. TODAY, WE WILL GO OVER GIFTS, MISUSE OF PUBLIC DISPOSITIONS, PROHIBITED EMPLOYMENT AND BUSINESS RELATIONSHIPS. JUST TO RECAP SOME SLIDES THAT WERE AT THE LAST MEETING WITH VOTING CONFLICTS, WE FIND THE SOURCE

[00:25:06]

THAT IS PROHIBITED AS WELL. THEN YOU HAVE WHAT IS CALLED CLASSIC GIFT LAW. THIS IS A VERY SIMPLIFIED VERSION THAT WE WILL GO THROUGH IN DETAIL. BASICALLY IT CAN BE BROKEN DOWN TO, YOU CANNOT ASK FOR HER LOBBYISTS AND YOU CANNOT RECEIVE AND YOU ACCEPTED GIFTS WORTH MORE THAN $100 FROM VENDORS, POLITICAL COMMITTEES AND LOBBYISTS. YOU CAN RECEIVE AND REPORT GIFTS WORTH MORE THAN $100 FROM NONRESTRICTED DONORS, BY NONRESTRICTED I MEAN THAT THEY ARE NOT POLITICAL COMMITTEES ARE LOBBYISTS AND YOU CAN RECEIVE GIFTS OF ANY VALUE FROM A RELATIVE WITHOUT HAVING TO REPORT IT. STOP ME AT ANYTIME IF YOU WILL HAVE QUESTIONS. THE APPLICABILITY OF THE GIFT VAULT IS REPORTING INDIVIDUALS AND PROCUREMENT EMPLOYEES. I WILL PROBABLY REFER TO THEM AS REPORTING INDIVIDUALS DURING THE PRESENTATION. THIS INCLUDES ANY PERSON WHO ON BEHALF OF THE REPORTING INDIVIDUAL WOULD ACCEPT A GIFT. A REPORTING INDIVIDUAL IS TO SUMMARIZE, BASICALLY EACH ONE OF YOU ALL. REQUIRED TO FILE A FINANCIAL DISCLOSURE, A PROCUREMENT EMPLOYEES AN EMPLOYEE WHO HAS PARTICIPATED IN THE LAST YEAR AND THE PROCUREMENT OF CONTRACTUAL SERVICES IN AN AMOUNT THAT EXCEEDS $10,000 FOR THOSE SERVICES AND GOODS. WHAT IS A GIFT? ANYTHING YOU GET THAT YOU DO NOT GIVE EQUAL OR GREATER CONSIDERATION WITHIN 90 DAYS. WHAT THAT MEANS, SOMETIMES, YOU MIGHT RECEIVE A GIFT AND THEN REALIZE, THEY JUST GAVE ME A GIFT, LET ME PAY THEM FOR THAT GIFT WHAT THE VALUE WOULD BE AND THE VIOLATION HAS NOT OCCURRED AS LONG AS THAT HAS HAPPENED WITHIN 90 DAYS. NOW THESE, I LISTED THEM OUT, YOU CAN GO THROUGH THEM. YOU CAN ALWAYS GO BACK AND REFERENCE THEM. THE STATUTES DO DEFINE WHAT A GIFT ACTUALLY IS. YOU WILL SEE THINGS ON HERE THAT ARE OBVIOUS, PERSONAL PROPERTY, FOOD AND BEVERAGE, TICKETS, THINGS LIKE THAT. BUT THERE MIGHT BE THINGS THAT YOU MIGHT NOT HAVE REALLY THOUGHT OF, FORGIVENESS OF DEBT, PREFERENTIAL TREATMENT, IT DOES NOT HAVE A PRICE TAG ON IT AND IS NOT OBVIOUS THAT IT IS VALUABLE, KEEP IT IN THE BACK YOUR MIND, IF YOU ARE GETTING SOMETHING JUST THINK, IS THAT CONSIDERED A GIFT? WHAT MAY BE MORE HELPFUL, MIGHT BE WHAT THE STATUTES SAY ARE NOT A GIFT. I WILL NOT READ THROUGH ALL OF THESE DETAIL. BASICALLY, THINGS YOU MIGHT RECEIVE AS PART OF REGULAR EMPLOYMENT, AWARDS AND PLAQUES, TRANSPORTATION AND OFFICIAL GOVERNMENT BUSINESS, THINGS LIKE THAT. WHAT IS A VENDOR? A VENDOR IS BASICALLY ANY BUSINESS ENTITY DOING BUSINESS

[00:30:06]

I WILL NOT GO INTO DETAIL AS TO THE ACTUAL DEFINITION. HERE IT IS ON THE SCREEN. THAT INCLUDES THINGS LIKE NATIONAL POLITICAL PARTIES AND IT IS A SPECIFIC DEFINITION THAT IS FOUND IN THE ELECTION CODE. ALL RIGHT. WHAT IS THE ACTUAL WORDING OF THE PROHIBITION? A REPORTING INDIVIDUAL CANNOT SOLICIT A GIFT OF ANY AMOUNT FROM A RESTRICTED DONOR. THE BULLET POINTS ON THE SCREEN SHOW WHAT IS A RESTRICTED DONOR. I WANTED TO WRITE IT OUT AS THE STATUTE HAS IT. IT IS KIND OF CONFUSING. IT SAYS YOU CANNOT RECEIVE OR ACCEPT OR SOLICIT ANY GIFT FROM A POLITICAL COMMITTEE. YOU HAVE A CONTRADICTION WHERE IT SAYS THAT YOU CANNOT SOLICIT OR RECEIVE AN AMOUNT OVER $100 FROM A POLITICAL COMMITTEE.

THERE WAS A SECTION WHICH WAS ADOPTED AFTER WHICH SAID THAT NO, YOU CANNOT SOLICIT OR ACCEPT ANY AMOUNT FROM A

POLITICAL COMMITTEE. >> OKAY, THIS ONE IS ONE THAT MANY PEOPLE MAY NOT UNDERSTAND. YOU CAN ACCEPT GIFTS FROM PEOPLE THAT ARE NOT CONSIDERED RESTRICTED DONORS, THE ONES THAT WE JUST LISTED. IF IT IS OVER $100 YOU MUST REPORT IT QUARTERLY ON FORM 9. THERE IS AN EXCEPTION BY RELATIVES. IF YOUR NEIGHBOR GIVES YOU A CAR, UNDER THE CODE OF ETHICS, YOU DO HAVE TO REPORT THAT QUARTERLY. ON FORM 9. I LIFTED OUT THE DEFINITION OF RELATIVE, IN SOME AREAS IT WAS MUCH SMALLER. HEAR FROM SAYING YOU CAN RECEIVE A GIFT, IT IS A BROAD LIST OF PEOPLE. THIS SLIDE IS VERY IMPORTANT AND IS STRAIGHT FROM THE STATUTE, FOR THE MOST PART, ON HOW TO CALCULATE THE VALUE OF A GIFT. THE BASIC RULE, CALCULATE THE ACTUAL COST MINUS TAX OR GRATUITIES. IT GOES THROUGH A BUNCH OF EXAMPLES OF SPECIFIC SITUATIONS. IF YOU ARE AT AN EVENT AND YOU CANNOT REALLY TELL HOW MUCH EACH PERSON IS GETTING YOU FROM THAT EVENT. IT SAYS TO TAKE THE SHARE FOR EVERYBODY IN ATTENDANCE. EVEN IF THEY ARE NOT A REPORTING INDIVIDUAL OR PROCUREMENT EMPLOYEE. OR LODGING IN A PRIVATE RESIDENCE. THAT IS A FORMULA IN THE STATUTE WHICH IS CALCULATED TO ABOUT $44 PER NIGHT. THIS IS A SLIDE YOU CAN COME BACK AND REFERENCE IF YOU EVER HAVE A QUESTION. OKAY, MOVING ON TO THE NEXT TOPIC, MISUSE OF PUBLIC POSITIONS.

THIS IS A SIMILAR STATUTE. IT IS FOUND IN THE FLORIDA STATUTE UNDER THE CODE OF ETHICS. YOU CANNOT USE YOUR POSITION TO OBTAIN A SPECIAL PRIVILEGE OR BENEFIT FOR YOURSELVES. CORRUPT IS A DEFINED TERM. THEY HAVE EMPHASIZED THAT IT MEANS THAT I YOU ARE GETTING COMPENSATION OR RECEIVING COMPENSATION. USING YOUR INFLUENCE TO GET A MONETARY BENEFIT. THIS IS ONE THAT IS FOUND IN THE FLORIDA CONSTITUTION AND IS VERY

[00:35:04]

DISCLOSURE USE OF CERTAIN INFORMATION. THIS MIGHT NOT BE AS OBVIOUS TO US. WE ARE IN AN ENVIRONMENT WHERE ALMOST EVERYTHING IS PUBLIC RECORD. THERE ARE THINGS THAT BY NATURE OF YOUR POSITION, YOU MAY LEARN THAT IS NOT NECESSARILY AVAILABLE TO THE PUBLIC. IT MIGHT BE AN EXEMPTION TO A PUBLIC RECORD. WHAT THE LAW SAYS, YOU CANNOT USE THAT INFORMATION FOR YOUR PERSONAL BENEFIT OR OTHERS. FINALLY, PROHIBITED EMPLOYMENT AND BUSINESS RELATIONSHIPS. THERE ARE TWO SECTIONS THAT RELATE TO THIS. DOING BUSINESS WITH YOUR AGENCY. I COLOR-CODED THIS ONE. BASICALLY A PUBLIC EMPLOYEE THAT IS ACTING AS A PURCHASING AGENT MEANT TO ACT IN THEIR CAPACITY CANNOT PURCHASE, RENT, OR LEASE, PROPERTY GOODS, OR SERVICES FROM THE FPUA IF THEY HAVE 5% INTEREST THEMSELVES OR THEIR SPOUSE OR THEIR CHILD IN THAT ENTITY. SIMILARLY, SECOND IS A PUBLIC OFFICER OR EMPLOYEE ACTING IN A PRIVATE CAPACITY CANNOT SELL OR RENT TO OR GIVE TO THE FPUA GOODS OR SERVICES.

OKAY, CONFLICTING EMPLOYMENT RELATIONSHIPS. THIS IS THE SECOND AREA FOR THESE TYPES OF CODES OF ETHICS. A PUBLIC OFFICER OR EMPLOYEE CANNOT HOLD EMPLOYMENT OR CONTRACTS WITH A SEPARATE ENTITY IF THAT ENTITY IS REGULATED BY THE FPUA OR DOES BUSINESS WITH THE FPUA. A PUBLIC OFFICER OR EMPLOYEE CANNOT HOLD ANY EMPLOYMENT OR HAVE CONTRACTUAL RELATIONSHIPS THAT MIGHT MAKE YOU HAVE FREQUENT CONFLICTING INTERESTS OR BECAUSE OF THE NATURE OF THE RELATIONSHIP, YOU WOULD NOT BE ABLE TO DISCHARGE YOUR DUTIES. JUST GOING INTO THIS ONE A LITTLE BIT MORE, ONE THING THAT COMES UP A LOT, WHAT IS A CONTRACT? THE COMMISSION HAS REALLY GONE INTO A LOT OF OPINIONS ABOUT THAT. IT CAN BE WRITTEN, UNWRITTEN, INFORMAL, IF YOU ARE GOING TO DO SOMETHING IN EXCHANGE FOR SOMETHING, THAT IS WHAT THEY CONSIDER TO BE A CONTRACT.

THERE ARE EXEMPTIONS TO THESE PROHIBITIONS. THERE ARE SEVERAL OF THEM, I HAVE LISTED OUT THE ONES THAT ARE THE MOST COMMON ONES. SOME OF THEM ARE A ROTATIONAL SYSTEM AND THAT MEANS THAT THERE MIGHT BE SOME SITUATIONS WHERE EVERY SINGLE SUPPLIER THAT QUALIFIES FOR THAT SERVICE OR GOOD IS ON A LIST, YOU GO STRAIGHT THROUGH THEM. THIS PROJECT DOES THIS.

AND THERE IS NO DISCRETION OR SELECTION OR ANYTHING LIKE THAT. WE HAVE CLARIFIED THAT IT HAS TO BE EVERYBODY IN THAT FIELD. THE EXAMPLE THEY USED WAS AN AUTO PARTS SUPPLIER.

ALL AUTO PARTS SUPPLIERS WOULD BE ON A LIST AND YOU ROTATE THROUGH THEM. ANOTHER EXEMPTION IS THE SEALED COMPETITIVE BIDDING TO THE BEST BIDDER. THIS IS A SPECIFIC TYPE OF PROCUREMENT. YOU MAKE A BID THAT IS CONFIDENTIAL AND SUBMITTED IN AN ENVELOPE AND GIVE YOUR LOWEST AND BEST PRICE. WHOEVER IS THE LOWEST AND BEST GETS THE JOB. THAT IS AN EXEMPTION IF THE OFFICIAL DOES NOT PARTICIPATE IN THE DECISION. THEY DO NOT TRY TO INFLUENCE AND THEY DISCLOSED THEIR INTEREST AHEAD OF TIME. AN EXEMPTION IS FOR INTRODUCTIONS NOT MORE THAN $500 PER YEAR AND EMERGENCY PURCHASES. THIS IS THE MOST HANDY SLIDE. THE COMMISSION ON ETHICS HAS AN ATTORNEY ON CALL THAT I CAN CALL UP, YOU ALL CAN CALL UP, ANYBODY CAN CALL UP AND SAY, CAN I SPEAK TO YOUR ATTORNEY ON CALL FOR THE DAY? ASK THEM QUESTIONS AND THEY WILL GIVE YOU THEIR INFORMAL OPINION ON WHAT THEY THINK. YOU

[00:40:03]

IF YOU HAVE ANY DOUBT, COME TO ME OR USE THIS NUMBER AND CALL IN. WITH THAT, I WILL TAKE ANY QUESTIONS.

>> MADAM CHAIR, I DO HAVE A QUESTION. GOOD JOB. IT WAS SO FAST. OH MY GOSH, I'M TRYING TO KEEP UP. NEWLY I CAN DO IT

AGAIN. >> THE GIFTS FROM NONRESTRICTED DONORS, I WANT TO UNDERSTAND THAT A LITTLE BIT FURTHER.

LET'S SAY THAT YOU GO TO A FANCY DINNER AND ONE OF YOUR REALLY GOOD FRIENDS BUYS YOU DINNER AND DRINKS, AND IT IS OVER $100, HOW DOES THAT WORK INTO THAT?

>> I WAS ALSO SURPRISED BY THAT RULE. I CALLED THE COMMISSION ÚON ETHICS. THEY SAID THAT ANY GIFT FROM A NONRELATIVE, YOU ARE SUPPOSED TO REPORT QUARTERLY ON FORM 9.

>> INTERESTING. >> YES, VERY INTERESTING.

>> USUALLY, THERE IS THAT ONE GUY THAT WANTS TO BUY.

>> ANY OTHER QUESTIONS? OKAY.

>> WHAT DINNER ARE YOU GOING TO GO WHERE HE WILL NOT BE $100?

>> THAT DOES NOT INCLUDE GRATUITIES WHEN YOU ARE

CALCULATING THE AMOUNT. >> IT IS JUST FOR THE ONE

PERSON? >> YES.

>> WHEN WE GO TO TALLAHASSEE, THEY HAVE ALL THOSE RULES DOWN

PAT. >> THEY KNOW, WHEN THEY AMONGST

THE ATTENDEES. >> THAT'S RIGHT.

>> IF YOU GO TO AN EVENT AND SOMEONE SAYS, HEY, COME OUT WITH ME ON MY PRIVATE YACHT. KEEP IN THE BACK OF YOUR MIND, WHAT IS THE VALUE OF THAT EXCURSION? MAYBE IT WOULD NOT

BE A GOOD IDEA TO DO THAT. >> ASKED THE CAPTAIN HOW MUCH

GAS HE IS USING. >> CAROLINE, IF I CAN ADD ONE THING, MADAM CHAIR, OVER THE LAST THREE OR FOUR MONTHS, DAVE WILL USUALLY HAS THE CODE OF ETHICS DISCUSSION HAS BEEN TALKING ABOUT THIS FOR THE LAST THREE OR FOUR BOARD MEETINGS BECAUSE WE ARE IN ELECTION YEAR. THERE IS A LOT GOING ON.

THE EXAMPLE YOU GAVE, I DO NOT HAVE IT CORRECTLY NAILED DOWN, IT WAS A BOARD MEMBER. SOMEONE IN THE PANHANDLE WENT TO AN OUTING AND HAD TWO DRINKS AND THEY WERE AT A FANCY RESTAURANT AND THEY WERE PRETTY EXPENSIVE. THEY GOT THEM .

>> SOMEBODY WAS WATCHING HIM. >> WAS UP IN THE PANHANDLE.

ANYTHING OF VALUE, IT IS EASY TO FALL INTO THAT TRAP. NEWLY HE HAS BEEN TALKING ABOUT IT FOR THE PAST THREE OR FOUR MONTHS. HE IS ON TOP OF IT AND HE SHARES THAT INFORMATION WITH

ALL OF US. >> THAT IS ALL I HAVE FOR YOU ALL. AS EVENTS COME UP THROUGHOUT THE YEAR, REFER TO THIS FOR TRAINING. AS OF TODAY, YOU WILL HAVE A GOOD UNDERSTANDING OF THE APPLICABLE LAWS. WHEN THE BOARD SWITCHES IN OCTOBER IS ANOTHER GOOD TIME FOR A REMINDER.

>> I HAVE ANOTHER QUESTION. ONE THING I HAD RECALLED IS DONATING TO A CAMPAIGN. BUT NOT ENDORSING SOMEBODY NECESSARILY.

THAT WAS IN OUR RESOLUTION. >> I THINK THAT IS A REALLY GOOD POINT. THOSE FALL UNDER THE ELECTION LAWS. THEY ARE INCLUDED IN THE BOARD POLICIES AND PROCEDURES, YOU WILL RECALL. IT DOES SAY THAT YOU CAN CONTRIBUTE.

>> JUST NOT AS AN FPUANET BOARD MEMBER? WITHOUT MONEY AND

EVERYTHING LIKE THAT. >> A FEW YEARS BACK, WHEN THE COMMISSION WAS INTERVIEWING CANDIDATES, ONE OF THE COMMISSIONERS SAID, AND IDENTIFIED THE FPUA AS CONTRIBUTING TO THE PRESIDENTIAL CAMPAIGN. WHAT HAPPENS IS, WHAT THE CAMPAIGNS DO, THEY IDENTIFY THE COMPANY

[00:45:03]

DON'T KNOW HOW THEY DO IT. >> THAT IS A GOOD POINT. JUST BE MINDFUL WHEN YOU ARE TAKING PICTURES AT FUNDRAISING CAMPAIGNS OR THINGS LIKE THAT. DO NOT WEAR AN FPUA SHIRT OR HAVE YOUR NAME TAG. IT LOOKS LIKE YOU ARE THERE IN YOUR

OFFICIAL CAPACITY. >> MADAM MAYOR, IF I MAY, JUST FOR CLARITY, I WAS GOING TO MENTION THAT EXACT EXAMPLE. I REMEMBER THAT. THAT WAS A PAINFUL PROCESS. JUST FOR CLARITY, FPUA DOES NOT DONATE TO ANY POLITICAL CAMPAIGNS. WE

DON'T. >> THIS MADE IT LOOK LIKE THAT.

STARTED ON THE BOARD. >> WAS HARD TO STOP IT AND

ERADICATED AND CORRECTED. >> THAT IS CONCERNING TO ME. IN MY POSITION, PEOPLE KNOW THAT SHE IS THE CHAIR OF FPUA. I DO A LOT OF DONATING THROUGH MY CHURCH AND THROUGH THE SCHOOL.

AND FOR THEM TO SAY SHE IS WITH FPUA BOARD AND IS SPONSORING THIS PERSON OR GIVING TO THIS CAMPAIGN. HOW

WOULD THAT AFFECT ME? >> RIGHT. I DON'T KNOW WHAT YOU DID IN THAT SITUATION, REACH OUT TO THE PERSON IF YOU DISCOVER THAT HAPPENED AND ASK THEM, DON'T PUT THOSE TOGETHER MAKING IT LOOK LIKE IN YOUR OFFICIAL CAPACITY. I WOULD IMAGINE THEY WOULD BE WILLING TO REVISE WHATEVER THEY

PUBLISH. >> THEY SHOULD NOT DO THAT. YOU HAVE A RIGHT TO CONTRIBUTE TO A POLITICAL CAMPAIGN. THEY DON'T HAVE A RIGHT TO PUT US CONNECTED TO YOUR NAME.

>> WE GO THROUGH THAT EVERY THREE OR FOUR YEARS, THAT EXACT

SAME THING. >> ANY MORE QUESTIONS? OKAY,

[F. DIRECTOR COMMENTS:]

FROM THE DIRECTOR? >> I HAVE THREE TODAY. I WANT TO BRING THE RECOMMENDATION FOR THE COMPENSATION CONSULTANT. IF APPROVED AT THE NEXT BOARD MEETING, WE WILL BEGIN NEGOTIATING A CONTRACT AND BRING THAT CONTRACT BACK TO THE FOLLOWING BOARD MEETING, MAY 4TH OR SO. THE NEXT MEETING ON THE 18TH. THE NEXT BOARD MEETING WILL BRING REQUESTS FOR APPROVING THE SELECTION AND THEN WE WILL BRING A CONTRACT AT THE FOLLOWING BOARD MEETING FOR EXECUTION. AT THE NEXT BOARD MEETING WE WILL ALSO HAVE JACOB WILLIAMS FROM FPUA TO PRESENT THE WHAT IF SCENARIOS. YOU MENTIONED DURING THE DARK PRESENTATION. WHAT IT WOULD LOOK LIKE IF WE HAD A LOCK IN CRISIS EARLIER AND WHAT IT WOULD LOOK LIKE WITHOUT LOCKED IN GAS PRICES. THERE IS A GREAT OPPORTUNITY TO TAKE LESSONS LEARNED FROM THAT. IN BOTH SCENARIOS IT WAS REACTIVE WHICH IS WHAT WE HOPE TO DO, NOT BEING REACTIVE TO THE MARKET, REALLY, PLANNING FOR THAT JUST A LITTLE BIT DIFFERENTLY THAN TRYING TO REACT TO THE MARKET INSTEAD OF PLANNING FOR THE MARKET WHERE IT WILL BE IN THE FUTURE. AND BRINGING SOME STABILITY TO FPUA AND ITS CUSTOMERS. THE PRESENTATION WILL BE VERY GOOD. IT WAS APRIL 18TH, THE NEXT POLICYMAKER

[00:50:08]

>> THAT IS WEDNESDAY THE 17TH.

>> THANK YOU. >> ARE RECORDING IT?

>> I'M NOT SURE IF THEY RECORDED.

>> THEY HAVE THE OPTION TO RECORD IT.

>> ON THE PRESENTATIONS IN THE PAST, I DON'T THINK THEY HAVE RECORD IT. IT WILL BE A VERY GOOD DISCUSSION. I THINK THE BOARD WILL FIND GOOD INTEREST IN THAT PRESENTATION. THE LAST ITEM, WE ARE DEVELOPING A PLAN FOR THE UPCOMING TRIAL WHICH IS EXPECTED TO BEGIN IN MAY, MAY 20TH, I BELIEVE. OUR GOAL IS TO KEEP THE LOBBY AND DRIVE-THROUGH OPEN DURING THAT TIME. THERE ARE A LOT OF MOVE INS AND MOVEOUTS DURING THAT TIME OF THE MONTH WHERE IT IS IMPORTANT FOR US TO REMAIN OPEN. DURING THE LAST FEW HEARINGS THAT HAVE HAPPENED, THE PARKING SITUATION HAS BEEN A LITTLE HECTIC. AND ACCESS TO THE BUILDING WAS LIMITED. AS THE MOTORCADE COMES IN WITH THE PRESIDENT, THE AREAS AROUND US ARE RESTRICTED. WE ARE WORKING ON A PLAN SO THAT THOSE WHO CAN WORK AT THE ENERGY SERVICES CENTER, THOSE EMPLOYEES CAN WORK REMOTELY AT THAT SITE OR EVEN REMOTELY FROM HOME IF NEED BE DUE TO SPACE LIMITATIONS. WE WILL KEEP CUSTOMER SERVICE FOLKS IN THE LOBBY THERE TO SERVICE CUSTOMERS AND WE ARE RECONFIGURING THE DRIVE-THROUGH SO IT DOES NOT HAVE TO GO THROUGH THE CROWD. WE ANTICIPATE THE CROWD WILL BE LARGER THAN THE LAST FEW TIMES. BASED ON THAT TIMELINE, MOST LIKELY THE MAY 21ST AND JUNE 4TH BOARD MEETINGS WILL BE HOSTED AT THE RIVER STATE COLLEGE. THAT AREA WILL NOT BE AVAILABLE. WE WILL HAVE EMPLOYEES THERE. AS WE GET CLOSER TO THOSE DATES, I WILL KEEP YOU POSTED. IF THERE ARE

[G. BOARD MEMBER COMMENTS]

BOARD TODAY, MADAM CHAIR. >> THANK YOU SO MUCH. ARE THERE ANY COMMENTS FROM THE BOARD MEMBERS?

>> I'M HOPING THAT I GET TO GO UP TO ORLANDO FOR THAT MEETING.

I WILL BE TAKING SOME NOTES AND I WILL BRING BACK SOME HIGHLIGHTS OF WHATEVER WE DISCUSSED.

>> OKAY. I WOULD LIKE TO CONGRATULATE TY FOR A JOB WELL DONE IN THE COMMUNITY. ARE THERE ANY OTHER COMMENTS FROM THE ATTORNEY? OKAY. SEEING THAT THERE ARE NO

* This transcript was compiled from uncorrected Closed Captioning.