March 26, 2006
BYLINE: ALDO NAHED
A recent meeting North Bay Village Mayor Joe Geller held to discuss debris clean-up and code enforcement fines for two marinas does not appear to have violated the state’s Sunshine Law, said Miami-Dade Assistant State Attorney Joe Centorino.
Geller held the meeting March 9 at City Hall with some owners of floating homes, attorneys, marina representatives and city staff to discuss debris cleanup and code enforcement fines for two marinas. Also at the meeting: City Manager Charity Good and City Attorney Bob Switkes.
At a recent City Commission meeting, activist Fane Lozman, who owns a floating home but was not invited to the meeting, accused the mayor of violating the Sunshine Law.
”I was not there, I only heard second-hand about the meeting, but according to Sunshine Law, if you have a meeting with governmental employees, you have to make those meetings available to the public,” Lozman’s attorney, David Avellar Neblett, said later in an interview with The Miami Herald.
On Wednesday, Centorino said it did not appear the Sunshine Law was violated, as it applies to meetings between two or more members of a ”public board” — meaning elected officials — or if the public board had asked one of its members to look into a specific matter. Individually, he said, ”public officials can meet to discuss what they want with whomever they want,” Centorino said.
Neblett, who could not be reached for comment, also contended the meeting was a violation of the Sunshine Law because the mayor cut a deal with the marina representatives to eliminate code enforcement fines that accrued to about $700,000.
But Geller said he never made such a deal, which would require approval of the City Commission, and did not violate the law.
”The city wants to see the problem solved and I thought it would show some leadership to call this meeting,” Geller said Wednesday.
Geller said he suggested at the meeting that the city mitigate the fines.
‘The reason I used the word `mitigating’ is because it could mean eliminating, but it could also mean reducing it.”
Lozman said he is still filing a complaint with the Florida Commission on Ethics.
”My attorney thinks he’s committed a Sunshine violation,” Lozman said. “If he didn’t, he didn’t deal with the situation properly. There should have been a special meeting where the public could participate.”