Voice of the people law proposed

By John Johnston
Managing Editor

“Who can be against that – having people speak?”

Commissioner Mary McCarty’s recent query was more rhetorical than inquiring.  And she was responding to Legislative Affairs Director Todd Bonlarron taking notice of a proposed new law -- Voice of the People Act (HB 991, SB 2276).

The law would mandate “times that people can speak” at public meetings.  It would be “a statute, not an amendment,” Bonlarron said.

But as proposed, the law would directly affect both Boca Raton and Delray Beach – because neither has written specific policies about public speaking at governmental meetings – and specific written policies would be required by the proposal.

And McCarty may want to rethink her position upon learning that the law’s proposal would in fact open the door wide for persons who routinely attend governmental meetings – so called CAVES – Citizens Against Virtually Everything.

That’s because, if approved, the new law would:

• Permit citizens to speak at local government meetings on both agenda and non-agenda items.
• Citizens would also be able to pull items off the consent agenda and have each one considered separately.
• And rather than being heard at the end of a meeting, the public would be invited to speak for at least 15 minutes at the beginning of any meeting, and with each individual being given not less than three minutes.

Boca and Delray

Boca Raton has no specific policy covering public speaking at meetings.  History discloses that the council affords citizens the opportunity to speak when requested, and that has worked for many years without a policy defining it more specifically.

All that Boca Raton city government says about public meetings in general can be found on the city website as follows:

“City Council meetings are usually held in the City Council Chamber of City Hall at 6 pm on the second and fourth Tuesday of each month, with workshop meetings held on the preceding Monday at 1:30 pm The CRA usually meets at 1:30 pm on the second and fourth Monday of each month or immediately following the adjournment of the City Council workshop meeting. All meetings are open to the public, and citizens are encouraged to attend and participate in these meetings. Dates and times should be verified with the City Clerk’s Office in advance.”

The City of Delray Beach is even less vociferous, saying on its website:

“All board and committee meetings are open to the public pursuant to the State of Florida's Sunshine Law.  Sufficient notice must be given to the public before a meeting is called.  All proceedings are matters of public record.”

Conversely, the Board of County Commissioners has a 630 word written policy that details the how, when and where of public speaking at commission meetings summarized in the following statement near the beginning of the written policy:  

“The public is encouraged to offer comment to the Board at their meetings during Public Hearings, Matters by the Public, when items are listed on the agenda at a time certain, and on any regular agenda item. Speakers are limited to 3 minutes. (And in the written policy, the last sentence is in all capital letters.)

In Practice

Florida's sunshine laws are generous – and should be. Plausible representative government requires an informed citizenry.

Like the “Hometown Democracy” amendment, however – (and which blessedly failed to get on the ballot this November) --- this public speaking proposal has the earmarks of making a mockery of representative government, replacing it with the literal definition of democracy – mob rule.