Reg City Council 6-14-11 minutes.pdf - The City of Titusville, Florida

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It was important to note that when a matter was in litigation, that prior Ethics Opinions have concluded that public records requests from an attorney must be made through the government attorney. The obvious intent of the Ethics ruling was to preserve the attorney/client relationship. It was important to stress that when matters come before the City Council or issues would be reviewed by the City Attorney’s Office, or decisions were made and communications occur with a private attorney that may bind the City or commit the City to a certain course of action, that early in the process, the Ethics rules contemplate that the government attorney would be notified and informed of the intended meeting or communication. xxx Action Item: Deputy City Attorney advised staff requested authorizing for the preparation of ordinance repealing Sections 12-2, 12-3, 12-4, 12-5 and 12-6 of the Code of Ordinances: Firearms Legislation: The Florida Legislature during the last Legislative Session adopted Senate Bill 402 that clarified and reiterated the preemption of the State to the entire field of regulation of firearms and prohibited local ordinances or administrative regulations regulating the field of firearms and ammunitions including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage and transportation. Based upon a conversation with the Attorney General’s Office, it appeared as if the City should consider processing the repeal of Sections 12-2, 12-3, 12-4, 12-5 and 12-6 of the Code of Ordinances. Those sections provide the following: Section 12-2. - Discharging firearms. Section 12-3. - Firearms—Sales to minors. Section 12-4. - Same—Relinquishment of possession to minors. Section 12-5. - Same—Penalty for violation. Section 12-6. - Same—Civil liability for violation. Even though the preemption related to the purchase, sale, transfer, etc., and did not expressly provide for preemption for discharge of firearms, it appeared, based upon the interpretation of the Attorney General’s Office, that it would be appropriate to repeal those ordinances. Based upon previous opinions from the Attorney General’s Office, it would be anticipated that the interpretation would continue by the Attorney General’s Office that the entire field of regulations of firearms was preempted by the State of Florida. Motion: Member Pritchett moved to authorize staff to prepare an ordinance repealing Code of Ordinances Sections 12-2 - Discharging firearms, Section 12-3 - Firearms-Sales to 20
minors, Section 12-4 – Same-Relinquishment of possession to minors, Section 12-5 – Same-Penalty for violation and Section 12-6 – Same-Civil liability for violation as recommended. Member Long seconded the motion. The motion carried unanimously. xxx Member Long clarified the meeting at Viera to discuss redistricting would be on July 28, 2011 at 9:00 a.m. at Viera. xxx With no further business, the meeting adjourned at 10:50 p.m. ATTEST: ______________________________ James H. Tulley, Jr., Mayor ______________________________ Wanda F. Wells, City Clerk 21
Page 1 and 2: City Council Regular Meeting June 1
Page 3 and 4: City Manager Ryan advised Water Res
Page 5 and 6: contract. Another difference was th
Page 7 and 8: City Manager Ryan advised the Titus
Page 9 and 10: The motion carried unanimously. xxx
Page 11 and 12: Member Pritchett moved to approve R
Page 13 and 14: City Manager Ryan clarified that in
Page 15 and 16: Motion: Member Long moved to approv
Page 17 and 18: Member Long advised she was unable
Page 19: • FY 2011/2012 Final CDBG/Home Al

Reg City Council 6-14-11 minutes.pdf - The City of Titusville, Florida

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