Friday, October 18, 2013

Public guaranteed the right to speak at public meetings

Comment Up
October 15, 2013 meeting

It took a law to do it. And if it weren't for the Constitution, we would never have the right of free speech.

Lewis, Longman & Walker, a Tallahassee law firm/lobbying house and outside attorneys for the City of Lake Worth sent a memo to its many clients advising them of the new law that was effective on October 1 and passed by the Florida Senate on a 40/0 vote with only two dissenters in the House. The memo urged them to make sure they have the right policies on board.
“While the Sunshine Law has long required meetings boards or commissions to be open to the public, the law has not heretofore guaranteed a right to participate. Except for a few limited exceptions, the law expands the Sunshine Law in a manner that guarantees the right the public to be heard at meetings governmental bodies.”
"The law is enforceable by injunction in circuit court and if a court determines that a board or commission took any action in violation of section 286.0114, the court will assess attorney’s fees against the board or commission.”

The Lake Worth City Commission passed a Resolution 56-2013 at its second  meeting in October amending the Commission's rules to allow public comment on Consent Agenda items during Public Participation on Non-Agendaed Items.There have been many complaints that the commission has passed big ticket items with no public discussion. Now they won't be able to get away with ignoring the public and simply passing staff's recommendations.

It did not make a resolution allowing public participation during workshop meetings where no vote will be taken and I believe that rule of procedure needs to be amended as well. The next thing they should do is allow the public three minutes to speak, not two. It was former commissioner Retha Lowe who managed to get that rule changed several years ago stating that the Palm Beach County Commission only allowed two minutes. That Commission wanted to suppress the voice of the people and it re-wrote the rules and comment cards.

2 comments:

  1. I still don't know how they can say that you are allowed to speak about the items in the "Consent Agenda" during "public Participation on 'NON-agenda' Items". We are into oxymoron territory here.

    Two minutes are not enough time to speak about real "non-agenda" items, let alone the consent items, which are many.

    Consent was always supposed to be about non-controversial housekeeping items. Not to pass large expenditures, re-naming parks etc.

    We got NOTHING! Good Day Sir!

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  2. Excellent point, anonymous. They should allow 2 minutes on EACH Consent Agenda item. We're getting a bone.

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