Wednesday, July 9, 2008

Century Village Forum

The following was posted to the Q & A to make certain all Delegates would know the importance of attending this Fridays meeting.

Ed


Author: Randall Borchardt (---.hsd1.fl.comcast.net)
Date: 07-09-08 17:36


Due to the recent reinterpretation of the UCO Bylaws regarding open meetings of committees, these meetings (with the exception of those meetings exempted by the UCO Bylaws) may now only be attended with prior approval of the chair of the committee. You will then be permitted to make a brief statement after which you will be required to leave the meeting so that it may begin.

This unfortunate change in policy requires that a motion be made at the Friday Delegate Assembly which will reaffirm the original meaning and intent of the "Sunshine Amendment" to the UCO Bylaws (which was passed almost unanimously by the Delegate Assembly in 2003).

As a public service to our community, I am presenting this resolution on this forum so that Delegates will have time to discuss this issue with interested unit owners in their respective associations. I urge every Delegate to attend this Friday's Assembly meeting in order to properly restore the open meeting policy to our Village. The following is the Resolution (a formal motion) which will be presented:



A RESOLUTION OF THE BOARD OF DIRECTORS CONFIRMING THE MEANING AND INTENT OF THE GOVERNMENT-IN-THE-SUNSHINE PROVISION OF THE UCO BYLAWS (ARTICLE XI, PARAGRAPH H)

WHEREAS the Board of Directors must determine for itself the meaning of its Bylaws;

WHEREAS the meaning of the “Sunshine Amendment” to the UCO Bylaws has been broadly construed, whereby the established custom of open meetings has been altered by a new policy without the approval of the Board of Directors of UCO;

BE IT HEREBY RESOLVED by the Board of Directors of the United Civic Organization, Inc. as follows:


Section 1: THAT the Sunshine Amendment to the UCO Bylaws requires that 1) non-exempted meetings of boards and committees must be open; 2) reasonable notice of such meetings must be given, and 3) minutes of such meetings must be taken and made available upon request.



Section 2: THAT the Sunshine Amendment to the UCO Bylaws applies to all discussions or deliberations as well as formal action taken by boards and committees of UCO, except for those meetings or portions of meetings specifically exempted by this Amendment. It is applicable to any gathering, whether formal or casual, of a quorum of members of the same board or committee to discuss some matter on which foreseeable action or recommendations for action will be taken.


Section 3: THAT boards and committees are permitted to adopt written reasonable rules and regulations which ensure the orderly conduct of a meeting and which require orderly behavior on the part of the non-members attending. This includes limiting the time and frequency that an individual can speak and, when a large number of people attend and wish to speak, requesting that a representative on each side of the issue speak rather than everyone present. In addition, the manner of participation should also be adopted as a written reasonable rule. The board or committee shall determine that non-members are permitted to speak to each agenda item at the beginning of the meeting, or in the alternative, prior to the deliberation of each item of business. In the event that items of business not listed on the agenda are considered, non-member participation shall also be ensured by the board or committee. Agendas shall be posted along with the notice of the board or committee meeting at least 48 hours in advance of the meeting. Voting by secret ballot shall not be permitted except for the appointment or dismissal of committee members by the committee itself.


10 comments:

  1. too bad all this important issues come up in July, when a lot of people are away, both permanent residents and snow birds. How did Mondays meeting go with Phyliss Richland?

    ReplyDelete
  2. From the Desk of Phyllis Richland

    You Are My Sunshine, My Only Sunshine

    According to page 15 of the UCO Bylaws, paragraph H, the Sunshine Laws are used only as a guide for any and all meetings, with few exceptions: 1. meetings with attorneys, 2. Nominating and Ombudsman, 3. investigating prospective renters and or buyers and finally, issues relating to paid employees.

    UCO must provide open records to its members, but open records is quite different than open meetings. Associations governed by F.S. 718 must provide both open records and open meetings. Chapter 617 which governs UCO does not mandate open meetings for committees. Our bylaws, that's UCO bylaws, say only the Delegate Assembly is an open meeting, which is our Board of Directors.

    Any member of UCO, defined as a unit owner in good standing, can attend a committee meeting if invited by the chair or request to attend a specific meeting to discuss a subject related to that committee. After which the member is asked to leave so that the meeting may go on.

    Policy of open meetings can be changed by the Executive Committee. Politics of a closed meeting could be a problem but there is no legal impediment.

    UCO is not a Condo Association and is not subject to open meetings as per Chapter 718 F.S. Condominium Act, which governs Condo Associations.

    UCO is not a governmental agency and therefore is not subject to the Sunshine Laws requiring open meetings.

    UCO is a corporation not-for-profit subject to Chapter 617 F.S. That chapter has an open record provision, not an open meeting provision.

    The rules governing the records inspection by members is very clearly spelled out in Chapter 617.1602 and 1603 F.S. This allows members to view the books and records of UCO with reasonable notice and proper purpose. See Millennium UCO Amendment Operating Agreement.

    The rules governing the appointment of committees can be found in the UCO bylaws starting on page 6, article 8. Committees shall be selected and serve at the discretion of the President of UCO.

    I have tried to explain as much as I could in simple language, so anyone seeking to attend a committee meeting can know what the guidelines are.

    ReplyDelete
  3. Special Report

    UCO Election Results

    Source: Election Committee.

    President
    Votes

    George Loewenstein
    209

    Bob Marshall
    67

    Vice President
    Votes

    Howie Silver
    200

    Frank Cornish
    116

    Myron Solomon
    109

    Claudette LaBonte
    102

    Treasurer
    Votes

    Dorothy Tetro
    237

    Recording Secretary
    Votes

    Betty Lapidus
    245

    Corresponding Secretary
    Votes

    Avis Blank
    158

    Marcia Ziccardy
    104

    Executive Board
    Votes

    Dan Gladstone
    253

    Dave Bernstein
    205

    Joe Saponaro
    205

    Randall Borchardt
    190

    Larry Kall
    190

    Louise Gerson
    188

    Haskell Morin
    187

    David Frankel
    186

    Irv Lazar
    186

    Jerry Karpf
    185

    Marie Oliver
    185

    Sandy Cohen
    184

    Myron Silverman
    183

    Ken Davis
    173

    Ted Silverman
    170

    Syd Kronish
    167

    Jeanette Veglia
    161

    Phil Shapkin
    159

    David Israel
    158

    Jackie Karlan
    151

    Gerald Sutofsky
    139

    Ed Black
    97

    ReplyDelete
  4. Ok, I am totally confused!!!!!What are we after, open or closed meetings with UCO? Sunshine laws say UCO doesn't have to have open meetings, and ED you just gave election report, old news, what is this all about????? Do we want open or closed meetings????

    ReplyDelete
  5. Hi Norma,
    First of all, Ed Black did not publish the List of Election votes.

    It might appear so because his name is last on the list.

    This Post is by an A Nony Mouse poster who has posted this item repeatedly.

    My only comment on this is the votes of an Electorate which has been kept in ignorance of the Candidates real motives and actions must be suspect.

    Just consider the horror story that King George has dragged us through.

    And now he and his minions are pushing
    No Term Limits; and Closed UCO Meetings.

    SHOW UP FRIDAY; HELP RESTORE DEMOCRACY TO CENTURY VILLAGE.

    Dave Israel

    ReplyDelete
  6. To cvblogger

    To your knowledge has George Loewenstein or ANY other UCO officer publicly stated that they are opposed to open meetings? I do understand that at the last UCO meeting there was some discussion that UCO operates under 617 rather the 718 but there was no mention of being opposed to open meetings.

    ReplyDelete
  7. cvblogger thinks that the electorate who voted in the last UCO election were ignorant to the motives of those elected. That that mean him to?

    ReplyDelete
  8. Hi A Nony Mouse
    Jul 10, 2008 6:27:00 PM,

    Did I ever imagine that King George would seek to:

    1) Eliminate term limits
    2) Effectively close UCO Committee meetings to Unit Owners
    3) Pour $500K plus into a reckless legal fiasco.
    4) Fail to pursue "One Vote Per Unit"
    5) Totally underfund Shoreline Restoration.
    6) Fail to fund a $2 Million hurricane deductible liability
    .
    .
    .No A Nony Mouse... But recognizing the absurdity of the Law Suit and total lack of a case; I did not vote for King George, How About you?????

    Dave Israel

    ReplyDelete
  9. Hence you are part of the executive board and therefore part of this administration which you so despise. I urge you to resign otherwise your words are really meaningless.

    ReplyDelete
  10. To Dumbmous of 10:30AM

    Read your post of this
    morning AGAIN AND AGAIN
    and just MAYBE...PERHAPS..
    you will finally realize
    just how mindless you are.

    FACE IT: THE EMPEROR NEEDS NEW CLOTHES.

    ReplyDelete

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