Thursday, March 26, 2015

In the Sunshine

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From the The Fayetteville Observer

People come to Florida for its sunshine and overall great weather.  However, there is one Sunshine we don't think about too often--our strict Sunshine law policy: Any discussion of public business by two or more members of the same board or commission must be opened and noticed to the public.

As an example, if we had access only to the meeting after the vote of the Selection Committee on the ITN, we would not know of any of the reasons or anything about the others who answered the Information to Negotiate on our beach complex. Under our laws in Florida, we have a right of access to the entire deliberative process and it is a right that all of us take seriously.

Because we take it seriously and often times perception is reality, we filed a complaint with the Inspector General's office on what we felt was a possible/probable Sunshine Law violation--three commissioners driving to Tallahassee along with the City Manager in the same vehicle on what is an 11 hour drive. In the end, perhaps all of them traveled separately as I have not yet received the public information request. We do know that the Mayor and Commissioner McVoy were not in the vehicle.

The Sunshine Law does not prohibit advisory boards or commissioners from conducting trips provided that the board members do not discuss matters which may come before the board for official action. There is one exception--See Finch v. Seminole County School Board, 995 So. 2d 1068 (Fla. 5th DCA 2008) which essentially was about some school board members who were even separated from each other on a bus trip and did not express any opinions or their preference for anything coming before them and did not vote during the trip. This was ruled a Sunshine Law violation.  We feel that our commissioners who rode together in the same van very easily could have committed a Sunshine law violation. There is not too many things to have conversations about in a drive of that length...talk about the weather? The kids? Missing all that camaraderie at Dave's?

Peggy Fisher, electric utility board member, was so concerned that we might have a "fuzzy" understanding of the law because the IG told us that there was no violation, suggested, as did the Vice Mayor, that we should have a presentation on Sunshine Law  to explain that riding in a car together is not a violation whether it's for 4 hours or just around the capitol in Tallahassee.

Christopher McVoy and Ryan Maier both believe that commissioners are held to a higher standard. Maier said that "if inconvenience is the cost of an open society, then we welcome that inconvenience...it's about setting the bar higher and higher with each passing day for our city."  Scott Maxwell has a different perspective. He said, "I've had it with the lies in this city. Have someone come in and explain the Sunshine Law...I won't put up with the lies anymore."

10 comments:

Anonymous said...

Very sad. Hope he gets this money from the state as I want him to shut the heck up.

Anonymous said...

The arrogance and rudeness of the unholy trio of Maxwell, Amoroso, and Triolo, aided and abetted by Bornstein is staggering.

Fortunately it will end next March.

The pre-meeting conferences in Bornstein's office show the public how little they think they owe to us, their employers.

Anonymous said...

Scott Maxwell, who just called over half of the voters in Lake Worth RACISTS in a public forum AND THEN DOUBLED DOWN ON HIS RIDICULOUS STATEMENT,"won't put up with the lies anymore"???? This is also the same man that stated that no road work had been done in Lake Worth in over one hundred years. THEN he stated at a different meeting that there were NO ROADS in the western part of the city. Seriously? Maxwell LIVES in the western part of Lake Worth.What has he been driving around on ? NATIVE AMERICAN made roads? Who knew! All these years we were told that tribes like the AIS,TEQESTA, and JEGA paddled around south Florida in canoes. NOT SO! They were actually booking it down Military Trail!!Just ask Mr. Maxwell. Scotty knows.It really is frightening that this man is voting on things that affect our lives.

Anonymous said...

Sunshine...Sunshine....we dont need no stinkin Sunshine.

Mr Maxwell has Mydriasis from operating in the dark for so long.


Anonymous said...

First, I want to say I like and trust C McV. But now I might need to take a closer look.

I’ll have to wait a while and see about RM. Trust has to be earned and we’ll see if he earns my trust.

I feel I do understand the Sunshine law. I’ve served on boards and have had instructions on the subject for several years.

On commission members and city staff eating together, or riding together in trains, planes and automobiles, if we can’t trust them to spend time in that kind of environment where there are several people present, who all don’t see eye-to-eye on a lot of issues, so if things that would fall under Sunshine rules were discussed someone in that group would speak out. By doing so they would gain valuable political support from their constituents. If we can’t trust them enough to conduct themselves accordingly, we should have never elected them. IMO, what C Mv and R M are doing by grandstanding on this issue is more political theatrics. It reminds me of driving down the road and seeing a car in front of me with a “I’m a Christian” bumper sticker on their car, yet they don’t let someone pull out ahead of them at a busy intersection. If you have to make a big show in public to try and convince you’re something, like it looks to me is happening, maybe we should really watch them; the ones performing the political theatrics!

Anonymous said...

The answer to Maxwell's bizarre behavior is obvious-just look at him. Could Maxwell outrun a Zombie ? No. A Zombie has eaten Maxwell's brain. Conect the dots, people !

Anonymous said...

Maxwell and friends went apeshit when Cara Jennings and Joann Golden rode together in the same car AT A FUNERAL !!! But Ms. DIM Fisher and her masters think it's OK for their people to jump in a van to TALLY (minus Mcvoy-he already told them he was not going the van) for an eleven hour ride ? We're really all not as dumb as they treat us. Hence the STOMPING at the poles that Dirty Szerdi got. We get it.And more and more of us are saying NO to Maxwell and his toadies every day.

Lynn Anderson said...

@1:32. The majority commission was to be traveling in the same vehicle--McVoy was traveling alone.

There has ALWAYS been a trust issue here...perception IS reality.

Open LW said...

Commissioner McVoy said he was confused about the various aspects of the Sunshine Law even after taking the ethics training required of elected officials. What is the harm of having the Law explained in a open public meeting by someone from the county? Wouldn't that speak to the transparency we are all asking for from our electeds?

Lynn Anderson said...

Perfectly fine with me. Even the IG's office is confused, IMO.