Sunday, March 24, 2013

Correcting a critical misunderstanding...

There apparently are people - the "we" so often heard from on another local blog - that have a misconception of the role of people who sit on advisory boards.  It surrounds the issue about what sort of freedom of political speech people can have who sit on boards, what creates the need that one has to abstain from voting and Sunshine law implications.

Item #2 on the ballot March 12th concerned amending the Charter of the City of Lake Worth. The Charter can only be amended by an affirmative vote of the electorate.  Regardless of what others think, amendments to the Charter are not subject to action by the Planning and Zoning or Historic Resource Preservation boards.  Both boards do have to act in accord with whatever is allowed or restricted by the Charter.  Both these boards make recommendations on changes to the Comprehensive Plan and the Zoning Code.  Any recommendation automatically needs to be consistent with the Charter.  The Comprehensive Plan as it exists now is not consistent as it applies to height in that three block wide strip through the downtown from A Street to Golfview.  Both boards, with the assistance of staff, will have to make recommendations to the City Commission on changes that reflect the result of the election.  Period.  People on those boards can have their own opinions on the changes but regardless of their feelings on the matter, whether or not they were in favor of the Charter change or not, the end result needs to be consistent with the Charter.  Period.

I brought this matter up at the last HRPB meeting with one of the city attorney's present.  We were talking about social media, blogs and other forms of communication and how some of those could be used to communicate between people on the same boards - which would be a violation of the Sunshine law as it relates to ITEMS THAT WILL OR ARE LIKELY TO COME BEFORE THE BOARD.  I pointed out that I had strong feelings about the height amendment in the Charter and expressed those feelings freely on my blog and in public in the form of campaigning.  I was told that was fine to do since the Charter change itself will not be coming before the HRPB.  Again, any future recommendation coming from the board must be consistent with the provisions contained in the Charter.

I hope that this helps pierce the veil of confusion surrounding this issue.