Newsletter: August 9, 2024

Did Delray Beach City Commissioners Break Florida Sunshine Law?

After more than a dozen meetings the new Delray Beach City Commission is still groping its way forward. So far, the meetings don't appear to be efficient or results-oriented. Commissioners consistently interrupt each other and there are often side conversations which lead to confusion rather than clarity.  Even Mayor Tom Carney suggested a course in Robert’s Rules of Order which would improve commission meeting productivity.
 
Many of the key issues left over from the previous commission such as the Old School Square dilemma, the restoration of the municipal golf course, and the governance of the Downtown Development Agency have been brought up repeatedly, only to fail to reach resolution each time. On August 10th, it will be 3 years to the day and the Crest Theater is still dark because of the decision by Commissioner Casale and former mayor Shelly Petrolia. Delray citizens are deprived while culture is expanding and thriving in nearby cities.

Most recently the current commission has decided to have the city run the Crest Building and has added a city department “Creative Arts School” as one of its departments listed on the city website alongside departments such as public works, police and fire rescue. The city is taking on the expense of a cultural department  while voting to "roll back" the tax rate to fulfill campaign promises but will cut other departmental budgets by millions of dollars.

Another indication of the Commission’s disorganization is the possible lack of compliance with Florida’s strict Sunshine law.  For instance, the comment made by Commissioner Tom Markert at the July 16th budget workshop meeting.

Around the 1:53:16 mark into the meeting, Commissioner Markert said, "I talked to the mayor about this last night..." while the commission was discussing the budget. Surprised residents rightfully began questioning why a meeting between Commissioner Markert and Mayor Tom Carney had not been disclosed under Florida’s sunshine law.

For those who are not familiar with the Florida Sunshine Law, specifically statute 286.011 ( https://m.flsenate.gov/Statutes/286.011 ), it starts off with the following:

“(1)All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, including meetings with or attended by any person elected to such board or commission, but who has not yet taken office, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings.”

This meeting between Markert and Carney was not declared as a public meeting, no agenda was published, and no minutes were taken.
 
When asked about this, Commissioner Markert responded via a release from the City’s communications director, Gina Carter. Through Ms. Carter, Markert responded “I appreciate your inquiry regarding the comments I made during the 7/16 budget meeting. I want to clarify that my conversation with the Mayor was solely about suggesting that we start the budgeting process earlier next year. This would give the commission more time to make well-informed decisions. No other topics were discussed in that conversation. My intention was purely to improve our operational efficiency.”

It is important for any communications about policy be discussed in the sunshine so citizens can be informed and have input into how their city is run.