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Our View: Century Right To Admit Oversight, Cancel Meeting To Avoid Sunshine Violation

The Century Town Council quickly adjourned their meeting Tuesday night after serious questions were raised if adequate public notice was provided as defined by Florida’s Sunshine Law.

Many of the Facebook commenters will read this story’s headline and bash the town. But since you are on the second paragraph of the story, keep reading to find out what happened.

The council generally meets on the first and third Tuesday of each month at 7 p.m., following a 6:45 bill list review workshop.

There were only two council members — Luis Gomez, Jr. and Leonard White — present for the workshop, but they didn’t need their three-member quorum for that. Gomez was prepared to cancel the 7 p.m. regular council meeting without a quorum, but council member James Smith, Jr. arrived at 7:07 p.m.

With three, a quorum was in place as required for a meeting. It was mentioned that council member Sandra McMurray-Jackson was out with a toothache, and no public reason was given for the absence of Dynette Lewis.

After a prayer from Town Clerk Leslie Howington and the Pledge of Allegiance, the town heard from speakers in a public forum that ended with NorthEscambia.com asking how, and when, the meeting was properly advertised. It’s a question that most public bodies ask of themselves first thing at a meeting to avoid breaking the law. It’s one of those best practice things.

The Florida Sunshine Law is clear that “reasonable notice” of gatherings of two or more members of board are required. The Sunshine Law does not define “reasonable notice” as one would reasonably expect. But it offers some guidelines.

And, unfortunately, Century failed to meet the key guidelines applicable to both of Tuesday’s meetings.

The guidelines state the notice must contain the time and place of the meeting and an agenda, if available. There were no notices provided, so the town missed this one.

The guidelines say the notice should be “prominently displayed” in city hall and on the agency’s website. Century failed on both accords. There was nothing on their website, and no notice posted inside or outside of the town hall.

“The use of press releases, faxes, e-mails, and/or phone calls to the local news media is highly effective in providing notice of upcoming meetings,” is also in the Sunshine guidelines. Century normally emails an agenda to the council members and news media on the Friday before a Tuesday meeting. While that might arguably serve as a notice, it misses the seven-day recommendation in the Sunshine Law for a proper notice.

For Tuesday’s meeting, the town failed to send the agendas to members of the media. NorthEscambia.com emailed asking for an agenda on Monday at 11:08 a.m. and again Tuesday at 12:31 p.m. with no response. We called Town Clerk Leslie Howington at 1:46 Tuesday, and she returned our call a few minutes later. The agenda, with an apology for the oversight, arrived in our email box quickly.

In January, the town did post a public notice when council meetings moved from Mondays to Tuesdays, but notice four months ago is not reasonable notice. A citizen that had no concern whatsoever about town government in January certainly has the right to be informed in May that their town council is meeting next week. And, it should be noted, the yearly list was no longer posted at town hall. A citizen that took the extra effort to stop by and read the notices outside the building on Monday would have no idea that the council was meeting on Tuesday.

Howington told the council that she thought the town could defend itself against Sunshine Law violation claims if the meeting continued. She did, however, inform the council that it was not the best idea.

“Covered by is not the best practice, and I don’t like it,” Howington told the council. “I recommend that you not have this meeting. I’m so sorry.”

As council president Gomez spoke, council members White and Smith continued to speak. With three people speaking over each other, most of the conversation was not understandable.

“Stop talking please at the table,” Howington told the council before Gomez adjourned the meeting.

It should be noted that the meeting agenda was mostly ordinary business, plus a few items related to personnel that were going to be tabled until a future meeting anyway. And the meeting almost canceled itself  due to a lack of a quorum.

Oversights happen. Century owned it and is moving forward. No Sunshine Law complaints. The town should be commended for making the effort to do things the right way and provide open access for citizens to their government.

by William Reynolds, NorthEscambia.com publisher

Pictured top: Century town council members (L-R) Luis Gomez, Jr., James Smith, Jr., and Leonard White. Town accountant Robert Hudson is in the foreground. NorthEscambia.com photo, click to enlarge.