In 1995, Florida innacted Sunshine Law. Sunshine Law applies when two or more members of the same elected or appointed public board or commission meet to discuss or take action on any matter which may foreseeably come before them in their official capacity. The Sunshine Law requires that: (1) meetings be open to the public; (2) notice be given; and (3) minutes be taken.
Members of a board discussing board business or holding a meeting by telephone or e-mail must ensure that the requirements of the Sunshine Law have been satisfied by providing notice and access to the public.
Last night at 1 hour and 22 minutes into the meeting, Scott Maxwell asked Mayor Triolo if she had a concern about the Consent Agenda, "Is there something you want to deal with," prodded Maxwell. This was Triolo's first meeting and she was trying to take things at a normal pace whereas Maxwell was on the fast track. He was reminding her that she might have something she wanted to discuss on the Consent Agenda. Triolo ended up pulling off items A, B & C for discussion. At 1:42:14 when item C was up for discussion, Commissioner McVoy said that he had a procedural concern and asked Maxwell if he had reminded the Mayor by asking her if she had a concern about item C.
Sunshine can sometimes get in the way when you are an elected official. Sunshine Laws are broken all of the time. It is very hard and nearly impossible to prove because those committing the infraction know how to cover it up. However it is the law. It was the above question by Maxwell that was suspect by several who contacted me that this majority commission might have forgotten Sunshine Law, possibly discussed the agenda prior to the public meeting and might have forgotten the importance and gravity of operating in the shade. This is raised simply to make the Commission aware that sometimes the most innocent of questions might raise a concern.
"Any member of a board or commission or of any state or local agency or authority who knowingly violates the Sunshine Law is guilty of a misdemeanor of the second degree. If convicted, the officer or employee may be removed from office. Any public official who violates the provisions of the Sunshine Law is guilty of a noncriminal infraction, punishable by a fine not exceeding $500. Reasonable attorney's fees and court costs will be assessed against a public agency violating the Sunshine Law."
11 comments:
The way I see it is this meeting's strategy was planned in advance. Not naming Suzanne as a liaison to anything was really scummy politics.
If you want to know why some Commission meetings take 8 hours, look no further than the Sunshine Law. But don't EVEN think of asking me to believe that some of the meetings involving Jennings, Golden and Mulvehill, or Waterman, Golden, McVoy and Mulvehill, or any combination thereof, were not pre-wired. Agree that not throwing Suzanne something was petty, whether she was present or not.
I may be wrong, but would not the weekly meetings Stanton Has with the commission in Violation? And Sorry Suzanne got what she deserved.
when I was on a board I ran into this on numerous occasions. Staff continually called for one on one meetings skirting the sunshine law in my opinion. They, who really hold the power by being there day in and day out, call us in and indoctrinate us. I stopped going. The CM does the same thing...or did. No private meetings...even one on one. Everything must be done in the sunshine. I told them I wasn't doing the private meetings anymore and would only do it from the dais on the record. I was treated very poorly after that, I can tell you.
I disagree that there was a strategy planned in advance. Mayor Triolo was appointed MPO liaison as the previous individuals in that position have been. Prior to her election, Mayor Triolo was the Lake Worth liaison to the Chamber of Commerce so continuing that connection makes sense. Commissioner Amoroso replaced Jo-Ann Golden as lisiaon to the Treasure Coast Regional Planning Council and DCA. Commissioner Mcvoy was reappointed as FMPA liaison. The liaison to IPARC will be designated at the next meeting as will a liaison to the CRA so Mulvehill may yet be appointed.
For her first meeting, I think Mayor Triolo did a great job. She did appear to hesitate when she got to the Consent Agenda. I noticed her looking through her papers as if she was trying to locate something. It was at this point that Maxwell asked her if there was something she wanted to deal with on the Consent Agenda. There didn't seem to be any ulterior motive and after some discussion, all five intems on the Consent Agenda were approved.
Interestingly Commissioner McVoy did not questioned Maxwell's comment until the beginning of the discussion on Consent Agenda item C and after he viciously attacked a resident for her public comment on Consent Item B. Clearly, McVoy didn't like being in the minority. It was a new position for him.
Hey Scottie – Whatchadoin’ Are you da Mayor? You’re not da Mayor even though you wannabe! Da Mayor could barely get a word in edgewise ‘cept when you reminded da Mayor to remove something from the Consent Agenda! How you know dat? Why you steppin’ out of dat sunshine? Huh?
Captain Renault said it best: I'm shocked, shocked to find that gambling is going on in here!
Peeps, one Staff talking to commissioners or other volunteer board members is NOT out of the sunshine. The Sunshine states that board to board members or commissioner to commissioner or commissioner to board can not meet and discuss anything that will becoming up before the respective boards (Not Staff). Second, did it ever occur to anyone at all that if there was strategy at play here it was done before they were elected thus violating The Sunshine.
Now that they are elected officials NOW they must operate in within the Sunshine. Lynn had it right in the article. Its how you phrase the question or statement that makes it questionable. Simply put none of this should be a surprise to anyone and if you want certain things a certain way you need to speak directly to your elected officials and if the majority of a voice is speaking and it does not work then you know if THIS commission is listening or will we be in the same trap as the last one where our voices were just ignored.
Anonymous at 4:11--I have always said that I believe that the past commission and the one with Varela was one of the most ethical. I personally do not believe that they met or communicated in any way out of the Sunshine. Perhaps the CM persuaded them to her point of view but that is not a violation...only if she told one commissioner how the another was going to vote.
If you ask me, yes they all knew that maxwell was going to make all those nominations and suggestions and that the meeting would be over early.
The Sunshine law can certainly inhibit the work of committees. I attended the ethics training for the upcoming Centennial Comm. For them to function they should disband and make it a citizens volunteer group. They can't talk to each other, have liaison person convey to other but no response allowed. How can you get any work done under a deadline, plus loose good ideas in the process due to no feedback.
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