Saturday, June 04, 2005
Wait till the sun shines, Henley
The Joint Advisory Committee between cities and counties that has been put together by County Commission Chairman Carlton Henley has raised some questions about possible violations of the Sunshine law as they conduct their business.
The committee consists of two representatives from each of the local governmental bodies, including the county and its seven cities, as well as members of the business community. Their focus is to determine areas where services between the cities and county duplicate one another, and whether consolidating those services is mutually agreeable to all concerned.
Before they get that far, however, all involved need to agree on exactly what they are and what they are doing. The county position is that the committee exists as a strictly informal body that is not an official group or board, while some municipalities see it a bit differently.
After the group held their first meeting several weeks ago, County attorney Robert McMillan recently told county commissioners they had best determine exactly what the Joint Advisory Committee, also known as the Henley Committee, actually is.
Casselberry City Attorney Catherine D. Reischmann has had several exchanges with McMillan over the matter, fearing exposure to Sunshine law violations for unwitting representatives from the Casselberry administration who are members of the Joint Committee.
The Sunshine law requires that meetings of boards or commissions must be open to the public, that reasonable notice of such meetings must be given, minutes of the meeting must be taken. The law, in essence, 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 confusion is over whether the Joint Advisory Committee is an informal board, as the county asserts, or a formal committee, which some of the municipalities believe.
McMillan told county commissioners his understanding is the Joint Committee "is not a formal county advisory board, it is not a formal city advisory board, it's basically a private ad-hoc committee of community leaders that in and of itself is not subject to the Sunshine.
"The fact that there are two commissioners from our board (of county commissioners) on it and two from each city means that it has to be posted because under the Sunshine law it is basically a meeting of each one of those governing bodies because more than one member of each of those commissions is going to be there, so it has to be posted.
"But the advisory group itself is not a Sunshine committee. So that the issue of mayors and managers (of each city), from my view, is not affected, because any two members of the committee that the Chairman has put together or that came out of the mayors and managers could talk to each other but for the fact that they sit on the same governing body."
McMillan noted that Reischmann, the Casselberry city attorney, says "that's not some of the understanding of some of the cities. In the city of Casselberry, for instance, she has indicated that at their meetings, it has been opined that they have delegated some authority to their members on this committee and it is some kind of an official city committee."
McMillan told the county commissioners that development as some have suggested of "an interlocal agreement between the cities and the county, defining what the scope of this (Joint Advisory) committee was so that they could discuss anything else among themselves . . . once you do that you make it a formal committee and nobody could talk to anybody about anything, in any forum."
The Joint Advisory Committee's next meeting is scheduled for June 15, before which McMillan hopes this whole issue is clarified, "so that there is no question that this committee is a private committee and that the only reason it is being posted is the same reason why we post homeowners' association meetings when more than one commissioner is going to be there. We put a notice out that says two or more members of the board may attend so the public needs to know that because it's construed as a meeting of the board under the Sunshine law. I hope to reach some kind of consensus rather than us opining it's not (a formal committee) and some of the cities believing it is, and then creating those problems."
As with true with much of what happens when the governments of Seminole County and its municipalities are involved, this whole situation simultaneously makes perfect sense and no sense, and truly is a riddle wrapped in an enigma over the simple question of who can talk to whom.
Until this is decided, it seems best to do as a variation of the old song would advise and wait till the sun shines, Henley.
The committee consists of two representatives from each of the local governmental bodies, including the county and its seven cities, as well as members of the business community. Their focus is to determine areas where services between the cities and county duplicate one another, and whether consolidating those services is mutually agreeable to all concerned.
Before they get that far, however, all involved need to agree on exactly what they are and what they are doing. The county position is that the committee exists as a strictly informal body that is not an official group or board, while some municipalities see it a bit differently.
After the group held their first meeting several weeks ago, County attorney Robert McMillan recently told county commissioners they had best determine exactly what the Joint Advisory Committee, also known as the Henley Committee, actually is.
Casselberry City Attorney Catherine D. Reischmann has had several exchanges with McMillan over the matter, fearing exposure to Sunshine law violations for unwitting representatives from the Casselberry administration who are members of the Joint Committee.
The Sunshine law requires that meetings of boards or commissions must be open to the public, that reasonable notice of such meetings must be given, minutes of the meeting must be taken. The law, in essence, 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 confusion is over whether the Joint Advisory Committee is an informal board, as the county asserts, or a formal committee, which some of the municipalities believe.
McMillan told county commissioners his understanding is the Joint Committee "is not a formal county advisory board, it is not a formal city advisory board, it's basically a private ad-hoc committee of community leaders that in and of itself is not subject to the Sunshine.
"The fact that there are two commissioners from our board (of county commissioners) on it and two from each city means that it has to be posted because under the Sunshine law it is basically a meeting of each one of those governing bodies because more than one member of each of those commissions is going to be there, so it has to be posted.
"But the advisory group itself is not a Sunshine committee. So that the issue of mayors and managers (of each city), from my view, is not affected, because any two members of the committee that the Chairman has put together or that came out of the mayors and managers could talk to each other but for the fact that they sit on the same governing body."
McMillan noted that Reischmann, the Casselberry city attorney, says "that's not some of the understanding of some of the cities. In the city of Casselberry, for instance, she has indicated that at their meetings, it has been opined that they have delegated some authority to their members on this committee and it is some kind of an official city committee."
McMillan told the county commissioners that development as some have suggested of "an interlocal agreement between the cities and the county, defining what the scope of this (Joint Advisory) committee was so that they could discuss anything else among themselves . . . once you do that you make it a formal committee and nobody could talk to anybody about anything, in any forum."
The Joint Advisory Committee's next meeting is scheduled for June 15, before which McMillan hopes this whole issue is clarified, "so that there is no question that this committee is a private committee and that the only reason it is being posted is the same reason why we post homeowners' association meetings when more than one commissioner is going to be there. We put a notice out that says two or more members of the board may attend so the public needs to know that because it's construed as a meeting of the board under the Sunshine law. I hope to reach some kind of consensus rather than us opining it's not (a formal committee) and some of the cities believing it is, and then creating those problems."
As with true with much of what happens when the governments of Seminole County and its municipalities are involved, this whole situation simultaneously makes perfect sense and no sense, and truly is a riddle wrapped in an enigma over the simple question of who can talk to whom.
Until this is decided, it seems best to do as a variation of the old song would advise and wait till the sun shines, Henley.
hy