HomeMy WebLinkAboutCity of Tamarac Resolution R-1975-068This Resolution Introduced By:
Temporary No.
345
OSCAR L. TUCKER
CITY OF TAMARAC, FLORIDA
RESOLUTION NO.
A RESOLUTION REQU STING AND PROMOTING A
PROPOSAL OF CLARIFICATION OF THE CRIMINAL
PROVISIONS OF THE GOVERNMENT IN THE SUN-
SHINE LAW (F.S. Sec. 286.011).
WHEREAS, numerous legal authorities including
judges, attorneys, legislators and State prosecutors
have recognized that the criminal provisions of the
Government In The Sunshine Law (F.S. Sec. 286.011) are
vague, uncertain, lacking in guidelines or specifications,
and accordingly are in definite need of clarification, and
WHEREAS, in view of such vagueness, uncertainty and
confusion, criminal charges have been made on numerous
occasions against honest and dedicated public officials ...
who had acted in good faith and in the best interests of the
community, and
WHEREAS, in many instances such criminal charges may
have been inspired by political enemies or by members of a
malicious and mendacious minority and have resulted in
unconscionable character assassination, sensational
newspaper smears, and unwholesome community divisiveness
and controversy, and
WHEREAS, the fear of such potential criminal charges
has interfered with orderly government in that public
officials were and are inhibited from communicating with
fellow public officials from an exchange of ideas or from
joint -fact-finding because such communication, exchange of
ideas or joint fact-finding maybe the basis for false
accusations, smearing publicity and even possible indictment
and trial for alleged criminal violations, and
WHEREAS, in fact three Council persons of the City of
Tamarac have recently been subjected to the ordeal of such
false charges, smearing publicity, indictment and
prosecution, ending in a mistrial, and
WHEREAS, the Broward County State Attorney has
stated after such trial that this case "pointed out the
need for legislative action, clarifying the criminal
aspects of the Sunshine Law to specifically spell out
what constitutes a crime" (quoted from Miami Herald,
April 26, 1975), and
WHEREAS, in the interest of orderly government
at all levels, and to strengthen and render more
enforceable the benevolent purposes of the Government In
The Sunshine Act, a proposed clarification is suggested by
this resolution, and
WHEREAS, the Broward County League of Cities has
evinced an interest in this or a similar resolution for the
purpose of bringing about such clarification of the
criminal provisions of the Sunshine Law,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF TAMARAC:
SECTION 1. The following precise specifications are
suggested as a proposed clarification of the criminal
provisions of the Sunshine Act:
A. The meeting must be secret and prearranged
with the specific intent of avoiding
detection or observance of such meeting.
B. There must be proof of an intent to
consummate a secret deal, bargain or
understanding on a specific issue or
matter which is scheduled in the near
future to be heard before the appropriate
body for public vote or determination.
C. There must be proof of the consummation of
such secret deal, -,-,bargain or understanding
on a specific matter or issue at least to
the point of demonstrating that the future
public vote on such issue or matter was
designed to be a mere formality or
ceremonial.
D. The law should specify that a meeting
- -A
for investigative fact-finding, or for
obtaining or exchanging ideas or
information; does not constitute a
crime.
SECTION 2. The suggested clarification of the
Government in the Sunshine Act will in effect strengthen
and render more enforceable the benevolent purposes of the
Act.
SECTION 3. That this Council declares it to be
its policy to encourage and to promote the initiation of
appropriate judicial preceedings in the nature of a
Declaratory Judgment as to the meaning $iT scope of the
criminal provisions of this law and for such other relief
as may be appropriate in such judicial preceedings.
SECTION 4. That copies of this or a similar
resolution be distributed to members of the Broward County
League of Cities, to other appropriate public bodies, to
the Broward County Legislative Delegation, to legislative
leaders of the State Legislature, and to civic organizations
and associations.
SECTION 5. This resolution shall take effect
immediately.
PASSED, ADOPTED AND
ATTEST:
CITY C E
RECORD OF COUNCIL VOTE
I HEREBY CERTIFY that I have MAYOR - D. JOHNSON
approved the form and correctness V / M. LANGE {
C J w - H. MASSARO""V t
C/M-0.TUCKER :EA - - t1L_
C J M - M. GLICKSMAN