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For those who worry that state politics has taken over Florida Atlantic University’s presidential search, what happened Friday offered more reason for concern.

The Board of Governors, which supervises the university system, approved a request for a legal opinion from Florida Attorney General Ashley Moody. The board is asking Moody whether the search committee’s straw poll of the 63 applicants violated the state’s open-meetings law by taking place during a meeting closed to the public.

That poll is one of two “anomalies” State University System Chancellor Ray Rodrigues used to justify halting the search. Rodrigues acted on July 7—two days after the committee’s list of finalists did not include State Rep. Randy Fine, whom Gov. DeSantis has touted to succeed John Kelly.

In response, FAU General Counsel David Kian sought an opinion from attorney Barry Richard, a Sunshine Law expert who represented the Florida Press Association for 15 years. Richard concluded in his July 17 opinion that the committee “fully complied” with the law.

The clear impression is that Rodrigues wants Moody—an ally of DeSantis—to conclude otherwise. If she does, the Board of Governors might have cover to rule the search invalid and ask the committee to start over.

Rodrigues also made clear his distrust of the search committee. That happened during discussion of the other issue—a question on the application form that asked about sexual orientation. In a letter to Rodrigues, Brad Levine—who chairs the FAU board of trustees and the search committee—said that the search firm had asked the question without telling the committee and that members didn’t see the responses.

Board of Governors member Eric Silagy, the former CEO of Florida Power & Light, three times asked Rodrigues if there was any reason to doubt what Levine said. Rodrigues twice responded only that FAU “has said” the questionnaire wasn’t a factor. Then he fell back on saying that the inspector general hasn’t finished her investigation.

The board unanimously approved the request to Moody. One comment among the members stood out.

It came from Alan Levine, who is no relation to Brad Levine. Each presidential search committee must include one member of the Board of Governors. Alan Levine is the member on the FAU search committee.

At the June 22 Board of Governors meeting, Alan Levine updated his colleagues on FAU’s search. It had drawn “amazing candidates,” he said, calling it an “exceptionally qualified pool.” He raised no objections to the straw poll, which the committee held on May 19.

Brad Levine then ran down the collective credentials of what he called an “amazing” field of 63 applicants. Because there were so many qualified candidates, he said, the search firm had “helped us prioritize” and placed 19 in the “highly qualified group,” though all applicants remained under consideration.

Even after Brad Levine’s comments, Alan Levine raised no objections. Brad Levine said the search was proceeding “exactly as prescribed” by the Board of Governors.

“I would concur,” Alan Levine said. He hoped that the committee would have a choice for the Board of Governors to ratify at its Aug. 29 meeting. Published reports say the investigation may not be complete until November.

I emailed Alan Levine to ask why he said nothing about what Richard called “an electronic preference survey” during that June 22 meeting but “enthusiastically” supported the request for Moody’s opinion. In an email, Levine did not respond directly. He said, “I think the facts contained in the [inspector general’s] report will speak for themselves.”

Board of Governors’ new law on faculty tenure

To understand one aspect of why FAU’s choice of a president matters so much, consider another item that the Board of Governors approved Friday.

It starts the process for codifying a new law that requires a review of all tenured state university faculty after five years. If the proposal becomes final—as it almost certainly will —university presidents will have the final say on evaluations, promotions and tenure.

Since FAU has interims serving in many key roles, the next president will have enormous power to shape the university. There will be a 14-day public comment period on the proposal, after which it goes to the board for a final vote.

Ocean Breeze development moves ahead

The former Ocean Breeze golf course

Development of the former Ocean Breeze golf course in Boca Raton is moving ahead.

The Greater Boca Raton Beach and Park District owns the roughly 200 acres within the Boca Teeca neighborhood. The city council must approve any plans. On Aug. 21, district board members and city council members gathered to talk about what the district calls North Park and other matters.

Briann Harms, the district’s executive director, called it “a positive meeting.” Council members generally blessed the district’s plan for the east side of the property—nature trails, a dog park, picnic areas, playgrounds and a racket facility. No motorized vehicles could use the trails.

Issues remain about the site. The city wants to widen Jeffrey Road, which cuts through the property, from two lanes to four and extend the road to Dixie Highway. Council members want to create an east-west connector in the north end of the city. Jeffrey Road connects to Clint Moore Road. Harms said the district will make sure that all projects are set back far enough from the wider road.

Council members also said the city would streamline permitting for the new playground at Patch Reef Park. The district is making the park more accessible to children with disabilities, inspired by a local child and his family.

Board members also asked the council to exclude the district from having to make annual payments to the community redevelopment agency. That payment will be $2.6 million in the next budget year. Board member Steven Engel said the district wants to “redirect” the money.

Council members declined to exempt the district. Indeed, on the agenda for tonight’s meeting is extension of that tax until 2042. Engel said the district will “look at all options.”

City manager succession on Boca agenda

The succession plan for Boca Raton government likely will become official at tonight’s council meeting.

George Brown

City Manager Leif Ahnell must retire no later than March 31 of next year. Council members want Deputy City Manager George Brown to succeed him. On the agenda is approval of a contract with Brown that would take effect when Ahnell leaves.

Succession has been a priority for the council. Ahnell has been the manager since 1999—an absurdly long tenure in South Florida—and was the city’s finance director before that. City Attorney Diana Frieser, who also started in 1999, must retire no later than 2025 under rules of the same state retirement program that Ahnell is in. Brown has lots of institutional memory, having been with the city 45 years.

Brown would make $290,000 a year. Ahnell makes slightly more than $300,000. Brown also would get a $500 monthly car allowance and all the other usual benefits. If he were fired without cause, the city would pay 20 weeks’ severance. Brown or the city could opt out before March 30. That seems unlikely.

Approval for PGA Champions Tour promo

Also on the agenda for tonight’s council meeting is approval of $375,000 to promote this year’s PGA Champions Tour golf tournament at Broken Sound’s Old Course.

This will be the 17th version of the event. According to the memo from Ahnell, the city will receive seven, 30-second promotional ads during The Golf Channel’s telecast. Mayor Scott Singer also will deliver a “welcome message.”

Ahnell said the expenditure “is consistent with our economic development priority” because the event has a “significant positive impact” on city businesses and corporate recruiting. It also raises money for Boca Raton Regional Hospital. The event takes place from Oct. 30 to Nov. 5.

Boca Raton’s offer to pay $400,000 in legal fees apparently wasn’t enough to satisfy the plaintiffs who sued the city over its now-rescinded ban on Sexual Orientation Change Efforts (SOCE), also known as conversion therapy.

Frieser announced at the Aug. 22 meeting that the plaintiffs had rejected the offer. The city prevailed at trial but lost at the 11th U.S. Circuit Court of Appeals.

Randy Schultz

Author Randy Schultz

Randy Schultz, a native of Hartford, Connecticut, has been a South Florida journalist since 1974. He worked for The Miami Herald until 1976 and for The Palm Beach Post from 1976 until 2014, where he served as managing editor and editorial page editor. Since 2014, he has written a politics blog, commentaries and other articles for Boca magazine. His writing has earned first-place awards from the Florida Magazine Association and the Florida Society of Newspaper Editors. Randy has lived in Boca Raton with his wife, Shelley Huff-Schultz, since 1985. His son, daughter-in-law and their three children also live in Boca Raton.

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