Public gets first chance to speak directly to CMPA board

Originally Published by the Pensacola News Journal

By: Jamie Page • jepage@pnj.com • September 13, 2008

When attorney Sherri Myers finally got a chance to speak publicly at a Community Maritime Park Associates meeting, she quoted singer Sam Cooke to mark the occasion.


"It's been a long time coming, but I know a change is gonna come, " she told board trustees Friday.

The CMPA voted unanimously to start allowing a public comment period at the beginning of each of its meetings in response to a Pensacola City Council directive.

Lacey Collier, who chairs the CMPA, said even before the Council asked, "it had been my intent to bring this before the board today."

Eight people spoke at the board's first public comment period.

"I am kind of surprised you had to be forced into this," said Jerry Couey, who said he has actively researched the Florida Sunshine Law. "I want to remind you: You do work for the public. I think you will find your process will go a lot smoother if you allow the citizens to speak."

Jeffrey Humbles, who is running for the District 6 Council seat, suggested the board members resign for not complying with state law.

"We don't have to come here and thank you for getting to speak — it's the law," Humbles said. "And a judge and a mayor should know that."

Pensacola Mayor John Fogg, who serves on the CMPA board, said "there's never been anyone who has asked to speak. I am very comfortable in saying there has been ample opportunity for people to speak at this board."

City Attorney Rusty Wells said Thursday that allowing public comment and participation is part of complying with the Florida Sunshine Law and wrote a letter this week to that effect to the CMPA's pro bono attorney Ed Fleming.

The Government in the Sunshine Manual states "The Florida Supreme Court has stated that specified boards and commissions should not be allowed to deprive the public of this inalienable right to be present and to be heard at all deliberations wherein decisions affecting the public are being made."

Collier said he's not convinced allowing public comment during CMPA meetings is part of the law. Fleming said he believed it was at the board's discretion as to whether it wanted to hold a public forum during meetings.

Fleming said he will be giving the board legal advice on business and construction related aspects of the project. As for knowledge of the Sunshine Law, Fleming said he once served as interim school board attorney for three months but that he had not researched the issue.

Jim McGuire, a Tampa-based media attorney who specializes in the Sunshine Law, has a different view.

"The point of the public meetings is to allow some participation by the public," McGuire said. "If this board is subject to the Sunshine Law, they should have been permitting public participation and public comment."