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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