Thursday, February 12, 2015

The Sunshine Law is not meant to squelch debate in front of the public...

Below is a picture of the Guide To Palm Beach County Code Of Ethics, 2014 Edition, page 19. Note the picture is taken in the sunshine. Here is a link to the Florida Government in the Sunshine Manual, also referred to as the Sunshine Law. 

Here is a challenge for anyone who feels up to it: show me where it says an elected official cannot endorse or attend a fundraiser for another elected official.
The short answer is this: those rules do not exist. There is nothing inappropriate about Mayor Pam Triolo, for instance, attending a fundraiser or Meet and Greet for Commissioner John Szerdi. However, it won't stop some from trying to confuse people about what the Sunshine Law covers and what it does not. 

For instance, a few months ago there was a hue and cry because Vice Mayor Scott Maxwell was seen having lunch with Congresswoman Lois Frankel in the downtown. "He's violating the Sunshine Law!", a local loudmouth cried. The Sunshine Law does not cover members of Congress. 

You'll hear whispers of breaches of ethics and accusations of Sunshine Law violations however these are baseless. The reason for these accusations are simple: our Mayor Pam Triolo, Vice Mayor Scott Maxwell, Commissioner Andy Amoroso, all elected officials, have endorsed Commissioner John Szerdi for re-election. 

Two Lake Worth volunteer chairs, Chair of the Planning & Zoning Board and the Chair of the Historic Resource Preservation Board, support Commissioner John Szerdi for re-election.

Some would have you believe an elected official or a member of a city advisory board, because of their position in the community lose their First Amendment rights. This is absurd and the people making these accusations are irresponsible. 

Was Commissioner Cara Jennings violating the Sunshine Law or being unethical when she campaigned for candidate Suzanne Mulvehill?: 

Check out the irony here. At Monday night's South Palm Park Candidate Forum, the issue was raised that three elected officials were in the room. This was not a regular meeting of the Commission and therefore they could not talk about "things likely to come before them in the future." When this issue was raised, by Commissioner McVoy by the way, the city officially posted the meeting: as required by the Sunshine Law. The other requirement is that minutes be taken. This is how the minutes of Monday night's meeting would have looked:
Commissioners John Szerdi, Christopher McVoy attended a neighborhood association meeting on February 9 at 6 PM. Each of them presented their positions on various issues facing the city residences in the audience members. They were each asked several questions and responded with answers.The meeting was adjourned at 8:30 PM.
This is the level of absurdity to which this was taken. They were not taking action on any items. No vote was taken. There was a larger and more diverse crowd than usually show up for regular Commission meetings, where action actually takes place. Think of that: New faces! The entire city was invited and people were there from multiple neighborhoods. Those that attended were asked to identify themselves and what neighborhood association they belonged to at the beginning of the meeting. Then, on top of all that, there was an enterprising gentleman there with a video camera that captured the entire candidate forum and quickly had it available on YouTube for everyone on the Interwebs to view at their leisure.

There have been candidate forums in each and every regular election cycle in Lake Worth for as long as I can remember. We have had incumbent Commissioners and the Mayor either present, or part of the group that is campaigning for re-election. This has never been an issue before. Why is it now?

The specter of "violating the Sunshine Law" hung over the group so that discussion of what the city may do or what candidates would do related to an infrastructure bond issue was simply not discussed, "as this was on shaky ground." Other items specifically were not discussed that may come before the City Commission. Isn't this why people come to candidate forums in the first place? They come to find out the stance of those who may be representing them on the dais. If this "specter" doesn't dissipate, the public will be deprived of debate and discussion of the more important issues of our day.

I believe that is counter to government in the sunshine.