Fort Myers City Council voted 5-1 to allow public comment at workshops after Council member Darla Bonk raised the issue at Monday night’s Council meeting as an item for consideration.
“We’ve had residents from Ward 6 who have either attended workshops or have been able to access them via [online] or after the fact, and the question has always come up about what precludes a resident from being able to provide public input at a workshop,” Bonk said.
Council member Liston Bochette was the nay vote and Council member Terolyn Watson wasn’t present Monday. Some details are still being determined, such as the time allotted for public comment.
City Attorney Grant Alley provided legal insight on the city’s charter, rules and regulations and/or statutes regarding the public speaking at a workshop.
Alley said there is no law mandating preventing public input at workshops. “The law probably leans the other way with the liberal interpretation of the Sunshine Law and how it should be interpreted,” Alley said. “The public input element of the Sunshine Law is minutes taken, publicly noticed meetings and the public afforded an opportunity to participate. I think it was 2013 when the opportunity to participate [was established as] more than sitting in the audience, it’s the right to speak. There are some exceptions, but it’s generally a right to speak.”
City Communications and Public Affairs director Liz Bello-Matthews said while it has never been specifically stated, public comment was not incorporated in the past to accommodate packed agendas at workshops.
The city operates in accordance with Section 286.0114 of the Florida Statutes which states in part, “the opportunity to be heard need not occur at the same meeting at which the board or commission takes official action on the proposition if the opportunity occurs at a meeting that is during the decision-making process and is within reasonable proximity in time before the meeting at which the board or commission takes the official action.”
While the city has not allowed public input at workshops, items discussed in workshops have been brought to future meetings where the public can provide input.
“Sometimes the governing body just wants to have a meeting amongst themselves,” Alley said of workshops.
Since official business is discussed at workshops, considering the most recent topics have been the City of Palms Park request for proposal, procurement discussions and a midtown update, Council member Johnny Streets was in support of the item brought forth by Bonk.
This item brought up additional concerns regarding set scheduling of time and place for city workshops, which have been taking place at the Collaboratory.
“Why not start having these meetings in a place like our chambers in order to give the constituency the opportunity to know that we’re having meetings here, so they will be able to come?” Council member Teresa Watkins Brown said. “I think sometimes we’re hurting ourselves when we don’t portray that we’re trying to be transparent on all these workshops that we’re having.”
Bonk echoed Brown’s concerns, suggesting scheduling workshops every other week similar to Council meetings, an issue that could be discussed later.