The commissioners continue to ask all speakers in public comment for their address. Why?
And the Polk County Attorney allows it, why?
The Florida Attorney General’s office has issued opinions, notably Public Access AGO 2005-13, AGO 96-55, stating that public bodies cannot require individuals to disclose their identification to participate in public comment at an open meeting, as it chills free speech and violates the spirit of Florida’s Sunshine Law (Open Meetings Act).
Public entities can have reasonable rules for orderly comment, but can’t make address disclosure a prerequisite, as the right to speak isn’t tied to where you live, and public records exemptions for addresses are specific.
According to Commissioner Becky Troutman phone call to the Lakeland Gazette, Randy Mink Polk County Attorney, told her that this case law, CITY OF MIAMI v. AIRBNB INC (2018), is what Polk County is going by.
– – – – – – – – – – – – – –
The Board of County Commissioners is the governing body of Polk County, as established by the Florida Constitution, and serves as the legislative branch of county government, as defined in the county charter.
The five Polk County commissioners must reside in their district. Commissioners from District 1, District 3, and District 5 are elected in presidential election years; District 2 and District 4 are elected in the intervening years. And shortly after the beginning of a new fiscal year, a chairman and vice chairman are elected by the members of the county commission.
The authorities and responsibilities of the Polk County Board of County Commissioners include:
- Adopting ordinances and resolutions to establish public policy
- Levying authorized taxes and fees
- Planning and adopting a budget each fiscal year
- Appointing a chair and a vice chair at the annual organizational meeting in November
- Providing county services and infrastructure, including determining the amount and sources of funding for each
- Appointing, supervising, and removing the county manager and county attorney
- Approving expenditures of county funds
- Entering into contracts and agreements
- Appointing individuals to serve on various boards and committees established by state law or by the Board of County Commissioners.
Editor’s note: We apologize that the AG opinions stated were not the correct ones. It has been corrected in the article.
Aww…. by now, you should know better. Some are above the law in Polk, always have been and likely will be for the foreseeable future.
Not only have they broken the law, but they have abdicated their duty to responsibly govern the county. I really liked the part where it lists under their responsibilities:
“Adopting ordinances and resolutions to establish public policy.”
Yet, they refuse to do two things to better the conditions for animals in Polk County:
1. Enact an animal ordinance that embraces humane and effective community cat management.
2. Remove Animal Control from under the Sheriff’s office and make it a separate county agency run by people well versed in humane shelter practices and animal population control.
They defer to the Sheriff, and have said “you’re talking to the wrong person. This is Grady’s deal.”
Aren’t they supposed to be running the county?
Did you not read the opinion? It says that you can not require identification to attend meetings. It is the policy of most elected groups, if not all public forums to ask all speakers to identify themselves. This helps comply with the Sunshine Act as requested by almost all newspapers. I do find it ironic that you want my id, but not those in a public forum.
Query: Shouldn’t only those who have a vested interest in the particular district that is on the Commissioners’ agenda be allowed to speak at a public hearing? Otherwise, could persons without a Polk County address be given “the floor” on tax, development, etc., issues? Another reason for requiring an address is so that the particular County Commissioner is aware of an issue with his/her constituent.
Perhaps, a pre-Commission vetting of only those who have a Polk County address be designated “public commentator”, without inquiry into the content of the comment.