Delray Beach City Commissioner Thomas Markert has acknowledged that he violated the Sunshine Law.
In Florida, two or more members of the same elected body may not discuss that body’s business outside of public meetings. It can be a cumbersome restriction, since elected officials can’t discuss new ideas in advance. But the law is designed to prevent backroom dealing.
Friends of Delray—a group not aligned with the commission majority that includes Markert, Mayor Tom Carney and Commissioner Juli Casale—raised the issue after a comment Markert made during the July 16 budget workshop meeting. Markert said, “I talked to the mayor about this last night…” There had been no meeting the night before.
The inquiry came from Gregg Weiss, secretary of Friends of Delray. He has had a brokerage business in the city for a quarter-century and has served on several nonprofit boards. Last week, Markert responded in an email sent to Weiss and the commission through Director of Communications Gina Carter.
“I appreciate your comments regarding the comments I made during the 7/16 budget meeting,” Markert said. “I want to clarify that my conversation with the Mayor was solely about suggesting that we start the budget process earlier next year. This would give the commission more time to make well-informed decisions. No other topics were discussed in that conversation. My intention was purely to improve our operational efficiency.”
Unfortunately for Markert, the open-meetings law does not contain exemptions for minor intent. In addition, Delray Beach residents must take Markert at his word that nothing else of substance passed between him and Carney.
Skeptics would note the photograph that I obtained of Carney and Casale at El Camino after the July 25 meeting during which they and Markert set the property tax rate for next year. Were Carney and Casale discussing their favorite restaurants in the city, the Dolphins’ chances for this season, or city business?
The topic may come up during today’s workshop meeting. Markert, Carney and Casale likely would dismiss any skepticism as politically motivated. On Friends of Delray’s advisory board are Jim Chard and Nick Coppola, who in March ran unsuccessfully against Markert and Casale.
The violation, though, is the sort of thing Casale would pounce on if it involved her political opponents. It also evokes memories of actions under Casale’s mentor, former Mayor Shelly Petrolia. Examples: evicting Old School Square Center for the Arts, firing of a city attorney and abolishing the independent community redevelopment agency board happened without being listed on the agenda. It seems unlikely that all those decisions happened spontaneously.
Ethics complaints against Markert and Carney could follow. I’ll update with any developments.
Questionable appointments to Delray P & Z Board
Coincidentally, we saw last week how the commission majority will bend rules to help their friends.
Commissioners had three appointments to the Planning and Zoning Board. It’s the most important advisory panel in Delray Beach, having the first say over development applications.
City Attorney Lynn Gelin noted that at least five of the seven board members must have relevant professional backgrounds that the city code details. Because two holdovers already don’t have such backgrounds, Gelin said all three appointees would have to be professionally qualified.
Carney and Casale had two of the appointments. Casale said her choice, Gregory Snyder, did not meet the qualifications. Because he had served previously, Casale asked, couldn’t the commission find a loophole? She also touted former Commissioner Mitch Katz, a political ally of hers, Carney’s and Markert’s. Though he also didn’t have the professional credentials, “If he’s not qualified to serve, who is?”
At first, Gelin said the commission had to abide by the code. The wording on the qualifications is “must.” There were 23 applicants, most of whom had the required applications. There was no shortage of options.
But then Gelin said there was “an out.” The language says the commission “shall endeavor” to have applications meet the standard. Casale quickly picked Snyder, thus creating the precedent that allowed Carney to pick Katz.
The term is for three years. Long, who is not part of the majority’s political faction, voted against the appointment.
Moore to present budget plan
At today’s workshop meeting, City Manager Terrence Moore will present his plan for making the budget fit the tax rate the commission approved last month.
Moore had proposed a rate for next year lower than what he first proposed. The commission majority voted for a rate that supposedly will raise no additional revenue. Moore said the “hole” to fill by cutting the operating budget or adding revenue is roughly $1.7 million.
New FAU president search, same politics
Florida Atlantic University’s presidential search committee holds its second meeting Wednesday. Those who suspect FL Gov. Ron DeSantis of wanting to influence the choice got ammunition during the first meeting.
As the Florida Phoenix reported, committee member Robert Allen—founder of an eponymous law firm in Miami—warned the search firm about advertising the position in publications aimed at women and diversity. Under DeSantis, Florida has passed laws banning any emphasis on DEI (diversity, equality, inclusion).
According to reporting in the Sarasota Herald-Tribune, Allen claimed credit for encouraging DeSantis to shake up the board of New College—the smallest in the state university system —and transform it into what the paper called “a showcase for conservative higher education reform.”
Though the governor had a favorite in the first search—Rep. Randy Fine, R-Palm Bay, whom that committee didn’t make a finalist—the new committee chair has pledged to hold a “transparent” process.
According to the schedule on Wednesday’s agenda, the committee will hold two “listening sessions” with “leadership and key stakeholders”—faculty, staff, students, donors and community members. The first, on Aug. 29, will be in-person. The second, on Sept. 5, will be virtual. The committee doesn’t expect to choose a candidate until “February/March.”
