Can you see it now?

Submitted by Suanne Z. Thamm
Reporter – News Analyst
October 3, 2018 4:35 p.m.

More than any other recent Fernandina Beach City Commission (FBCC), the current one has attempted to address commissioner and public concerns regarding its rules of procedure for handling items placed on meeting agendas as discussion items.

Earlier this year some commissioners began expressing uneasiness with moving forward via consensus at the end of meetings on too many items that had not been fully vetted by city staff or advertised to the public.  Without the back up material provided when an item is officially placed on a meeting agenda, commissioners felt uncomfortable being asked to agree to actions that had only just been presented to them at the end of a regular meeting.

Although current and former commissioners occasionally used this route to move forward on a variety of issues that they did not deem sufficiently important to merit advertising as agenda items, current commissioners expressed dissatisfaction with a practice that seemed to be growing, rather than being used sparingly to handle last minute cleanups.

Accordingly, Commissioner Phil Chapman asked the City Attorney to draft changes to Commission Procedures to require that items requiring a commission decision be placed on the meeting agendas in accordance with the standard procedures used by city staff in placing items on an FBCC agenda.  The FBCC considered these changes at their October 2, 2018 Regular Meeting and after considerable discussion, adopted the new procedures. Key changes include:

• No votes or consensus will be taken on items that appear on meeting agendas under discussion, generally at the end of meetings. Topics raised at this time are intended to provide information, not elicit debate or comment from commissioners;
• Adhering to deadlines for adding items and back up materials to an agenda. Only discussion items relating to health, safety or general welfare may be added to the agenda with shorter notice.  PowerPoint presentations of material already presented in the back up materials may be provided as late as 24 hours prior to the meeting;
• If commissioners after having read the agenda item and back up material wish to provide additional information or rebuttal, they may do so. But if their information comes after the established deadline, the item will be moved to the next meeting’s agenda.

Commissioner Chip Ross objected to what he considered a double standard because workshop and advisory board materials are not necessarily distributed ahead of meetings. He urged that one standard be adopted for all meetings.

Also in citing the state Sunshine Law restraints that prohibit commissioners from talking with each other about city business outside noticed meetings, Ross said it is very difficult for the commissioners to have candid conversations during which they share their thoughts about taking action on a variety of issues that confront the city. He said, “Before I spend time and energy trying to solve a problem, I’d like to know other commissioners’ thoughts. So I’d like to know from my fellow commissioners what’s the problem with having discussion.”

Ross said that while he generally supported the proposed changes, he wanted to have struck the language that prohibited additional information to be added following the publication of the agenda but before FBCC formal consideration.  He said that commissioners needed to discuss these items and that by requiring comments and rebuttals in writing, action was being kicked down the road.  “We need to have genuine discussion in a timely manner,” he said.

Vice Mayor Len Kreger said that he gets concerned when the FBCC discusses items before the public has access to the same material.  He supported the proposed draft but objected to allowing PowerPoints to be included 24 hours prior to the meeting.  He asked that all materials to be presented adhere to the earlier deadline.

Commissioner Phil Chapman said, “If we put a standard on our citizens, we should live to that same standard. If you have more information, you can pull it for discussion at a later date.”

Ross said, “I’m fairly passionate about this.  These are supposed to be items for discussion. …  bring your ideas.  It’s sort of like brainstorming.  What’s the purpose of discussing something if you can’t bring new material to the discussion? I just view this as something we do all too often around here:  kicking the can down the road.”

Kreger countered, “We are going to discuss it.  It’s just about meeting deadlines for what we are going to discuss.”

Ross agreed that commissioners could still talk about issues, but this change would prohibit introducing visual aids to better present information to the public.

Chapman moved to approve the proposed changes and received a second from Commissioner Roy Smith.  Ross asked Chapman to amend his motion to strike language addressing requirements to provide visuals at least 24 hours in advance and requiring delay of FBCC discussion should a commissioner provide additional or rebutting information following the deadline for submittal of agenda items.  Chapman would not accept the amendment.

The motion passed on a 4-1 vote with Ross voting in opposition.

Editor’s Note: Suanne Z. Thamm is a native of Chautauqua County, NY, who moved to Fernandina Beach from Alexandria,VA, in 1994. As a long time city resident and city watcher, she provides interesting insight into the many issues that impact our city. We are grateful for Suanne’s many contributions to the Fernandina Observer.