Charter: Sunshine concerns

by Derek Cosson November 5, 2009 Join the Discussion

Political committee “No Boss Mayor,” which opposes the proposed new City Charter, has been advancing the claim that, under the new charter, “the mayor will be able to hold meetings behind closed doors with Council members, making backroom deals more likely.” Today we’ll examine how elected City officials function now, and would function under the proposed charter, under Florida Sunshine laws.

What we have now

Florida’s open government Sunshine laws prevent members of the same legislative body from discussing in private business which is currently or could conceivably come before that legislative body. Under the current charter, the mayor is a voting member of the City Council, and therefore cannot meet with other Council members regarding City business unless that meeting is open to the public and properly noticed.

This provision extends to communication; the mayor and Council members cannot communicate via phone, email, or any other communication about pending City business, as they could collude to arrange or decide votes in advance.

What we would have with the proposed charter

Under the proposed charter, the mayor would be an elected executive and would have no vote on the City Council, therefore he would be free to meet with Council members in private, much as the City Manager can meet with Council members in private under our current charter.

The Mayor, just like Council members and any City employees, remain bound by Florida’s public record laws. All documents and communications generated by the mayor or his office would be retained and available as public records.

Conclusion

Under the current charter, the appointed City Manager can meet in private with City Council members. Under the proposed charter, the elected, non-voting, executive mayor would be able to do the same.

Does that create the potential for corruption and backroom deals? Maybe. Certainly, those opposed to the new charter argue that it will. And while such things have happened elsewhere before, there are many cities with Mayor-Council governments that seem to be doing just fine, like Mobile, St. Petersburg, Charleston, and others.

Furthermore, opponents should keep in mind that there have been numerous deals under the current Council-Manager government that many have taken issue with, such as the Airport hotel lease, port deals, ESP and Airport marketing contracts… we could go on at length. We think that there is a potential for corruption under either form of government.