Three Higher Keys organizations need county commissioners to listen to from native residents concerning points over site visitors by way of a listening session on Tuesday, Could 20 on the former courthouse constructing on Plantation Key. County commissioners aren’t anticipated to attend the listening session, nevertheless, as a consequence of different obligations together with a ribbon-cutting on the Key West airport on Could 20 and a fee assembly in Key West the subsequent day on Could 21.
As well as, county officers say the Sunshine Act prevents county commissioners from attending the session organized by the Keys Accountability Undertaking, Islamorada Group Alliance and Tavernier Group Affiliation. Collectively, the group invited commissioners and members of the general public to the listening session to deal with problems with heavy congestion and site visitors security alongside U.S. 1 within the Higher Keys.
Per the communication, the session initially would give residents an allotted three minutes to talk on their experiences and issues concerning site visitors. On the finish of the listening session, county commissioners would have three minutes to talk and reply to constituent issues whereas presenting doable options.
“ICA, KAP and TCA are devoted to enhancing the standard of life within the Florida Keys,” reads the invitation. “Your presence at this Listening Session ensures that the voices of our neighborhood are heard by their elected officers, and that actionable steps can be proposed and brought.”
Upon receiving a licensed letter, commissioner Michelle Lincoln advised the three organizations by way of e-mail that commissioners wouldn’t be capable of take part within the assembly as a consequence of sunshine legal guidelines. Per County Lawyer Bob Shillinger, “Whereas this occasion appears effectively intentioned, the introduced format is a recipe for a possible sunshine legislation violation ought to a couple of of you (commissioners) attend and converse on issues which are fairly foreseeable to return earlier than you for a vote.”
As well as, Shillinger expressed issues over whether or not minutes can be taken — and by whom — a key element of complying with sunshine legislation, which governs public conferences and communication amongst elected officers.
“To make issues worse, the three-minute talking restrict being positioned on every of you (commissioners) has potential to take this session out of the realm of a ‘public assembly,’ which a intelligent prosecutor or civil plaintiff might use as additional proof of a sunshine violation. In public conferences, public officers usually have a vast capability to talk topic to their very own adopted guidelines. The introduced format will not be per that.”
In her e-mail, Lincoln stated a notified BOCC workshop, the place everybody within the viewers can be allowed to talk with commissioners responding, can be the easiest way to treatment the state of affairs.
In response to Lincoln’s e-mail, the group replied by stating the sunshine legislation prohibits commissioners from conducting official enterprise behind closed doorways and out of the sunshine of the general public dialogue. However when officers don’t take into account official enterprise, the sunshine legislation doesn’t apply.
“As with these widespread sorts of occasions, our Listening Session is not going to embrace any official enterprise as a result of we now have eradicated the Commissioner response part of the occasion. Commissioners want solely to pay attention,” said KAP, ICA and TCA. “This removes that portion of this system recognized by County Lawyer Shillinger whereby … ‘a intelligent prosecutor or civil plaintiff might use as additional proof of a sunshine violation.’ Commissioners is not going to be requested to talk in any capability.”
Regardless of the issues from the county, the organizations are nonetheless requesting commissioners’ attendance to listen to from residents about issues on U.S. 1. Organizers observe the assembly is not only concerning site visitors points as a result of set up of latest water transmission essential in Islamorada, however extra the problems of overcapacity and backups as a consequence of accidents, occasions and extra growth.
The listening session, which is able to go from 6 to eight p.m., can be held on the previous courthouse constructing at 53 Excessive Level Highway on Plantation Key.