THIS SPEAKS FOR ITSELF Just an article that ran last January... A matter of perception North Port Sun (FL) - Sunday, January 20, 2013 Author: ELAINE ALLEN-EMRICH ; North Port Community News Editor NORTH PORT -- While three North Port city commissioners met at Perkins Restaurant following a lengthy meeting Monday night, it didnt mean they violated Floridas Government-in-the-Sunshine Law, but it did raise red flags for some residents who saw the trio together. Resident Rich Cucchi said he went to Perkins after returning from the hospital. He wanted to check out the small room at the restaurant to see if it was a good fit for Kiwanis club meetings. I was told the room was occupied, said Cucchi, who then was seated in the back of the restaurant. I couldnt see who was inside, but I was not allowed to go back there. When I went to leave, I saw Mayor (Linda) Yates, and commissioners (Cheryl) Cook and (Rhonda) DiFranco, and Mark (Lindas husband) meeting with a man ( Lorenzo Whitehead). I wondered why I wasnt allowed in the room to take a quick look because the door was open. I also wondered why the commissioners werent sitting in the general area because there were only 10 tables taken. However, according to Florida law, if Cucchi wanted to, he could have entered the room and asked what the elected officials were talking about. The Sunshine Law is applicable to any gathering, whether formal or casual, of two or more members of the same board or commission to discuss some matter on which foreseeable action will be taken by the public board or commission. The Sunshine Law also extends to the discussions and deliberations, as well as the formal action taken by a public commission. The meeting must be open to the public, advertised, and minutes must be taken. Commissioners discussing government matters in private is against the law. Commissioners can absolutely meet socially, said Barbara Petersen, president of the First Amendment Foundation, who edited the Public Records Handbook. In fact, the law says a husband and wife can serve on the same board as long as they dont talk about voting issues. I really dont believe it happens that way when a couple sits at the table in the morning and reads the paper, but its the law. When a group of commissioners go to a very public restaurant and meet in a private room following a heated meeting, the perception to the public is that they might be talking about city business, Petersen said. They may have been completely innocent, but may have given the impression that they were meeting in private. Had they met to eat and were seated in the middle of the restaurant instead of inside a room, it would have looked less fishy. Elected officials must comply with the spirit and intent of the law. They dont want to give an impression that they are violating the law by being in a room all together. It can also create a chilling effect that no one is allowed in. Mayor Yates said she was with the group having dinner and the door was open. Its not uncommon in this town to see commissioners eating together, Yates said. You would see commissioners eating at the Family Table or Beef O Bradys. Petersen said anyone from the public could have approached the commissioners. If (Cucchi) had ignored the waitress -- who, by the way, cannot tell him he cant enter a room where there are three elected officials seated together -- and gone in there, he could have politely asked them what they were talking about, she said. If they were talking about a shoe sale at Dillards, then he could leave. If they are talking about city business, he or anyone else could pull up a chair. Commissioner Jim Blucher, who also has gone out to eat with fellow board members on occasions, said he got three calls after the trio was spotted at Perkins . When Ive gone to lunch or dinner with another commissioner during a meeting break, Ive brought a staff member along like the city attorney so that they could listen to our conversation, he said. Its true and its tricky, because you dont want to give the perception that you are breaking the law. Whitehead could not be reached for comment. However two days after dining with the three commissioners, Whitehead filed paperwork with the city clerks office to run for Seat 4, which will be vacated next year by Blucher, who served two consecutive terms and cannot run again for four years. Whitehead, who is listed on the citys website as an alternate on the citys Planning and Zoning Advisory Board, spoke during public comment at Mondays meeting, saying the commissioners wasted time rehashing the issues. Its really disappointing to see a lot of posturing, he said. There needs to be more action (by commissioners) ... There is bickering and going back and fourth without following (City Attorney) Rob (Robinson). I see self-inflicted wounds. I would like to see a workshop on Roberts Rules (of Order, the standard of running meetings effectively). You should not have to ask the city attorney everything to move the meeting along -- they should already know. These meetings cost money. Peterson added there shouldnt be the use of nonmembers as liaisons between board members. No commissioners spouse or family or members of the public should be going to another commissioner to talk about voting issues and then reporting back to that commissioner, she said. Again, it could create the perception that the commissioner is directing the spouse or family member to do it, even if its not true. It can create distrust from the public. She added, The Sunshine Law is applicable to meetings between a board member and an individual who is not a member of the board when that individual is being used as a liaison between, or to conduct a de facto meeting of, board members. Blucher said hes had to stop residents from telling him what other commissioners have said when they come to see him. A resident will come in and say they just talked to another commissioner and ..., he said. I tell them to stop right there, because Im not allowed to know what a fellow commissioner has to say about a potential voting issue. City Manager Jonathan Lewis said two or more elected officials sharing a meal, playing golf or anything else is not necessarily a violation of the law. Typically, as long as they avoid discussing anything that might reasonably come before them as commissioners, it is not a violation of the law, Lewis said in an email. Cook and DiFranco could not be reached for comment. Email: eallen@sun-herald
Posted on: Wed, 13 Aug 2014 22:37:19 +0000
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