Checks and Balances

The US Constitution is the envy of the rest of the world.  It is a very simple document that spells out the powers and procedures of the different branches of government, and puts checks and balances in place to prevent abuse of these powers.  These same checks and balances are also in place for the state, local and municipal governments to prevent abuse of powers given to the politicians.

 Florida enjoys an exceptionally broad public records law with its “Sunshine Law”.  Open Government or Government-in-the-Sunshine provides a right to access to government proceedings at both the state and local levels.  It is applicable to both elected and appointed boards and has been applied to any gathering of two or more members of the same board to discuss some matters which will foreseeably come before that board for action.  It is considered a “staff meeting” when no more than one elected or appointed official attends a meeting to discuss official business.

Polk City is really faced with a serious dilemma since June, 2010, when Vice-Mayor Trudy Block was also appointed as Acting City Manager.  As Vice-Mayor she cannot meet with any other member of the City Council unless this meeting is announced to the public and open to the public.  According to the City Charter, the Mayor and Vice-Mayor are the only people authorized to sign checks.  A City Manager has no power to sign checks.  A City Manager is not part of the City Council and has no vote in the City Council decisions.  This individual makes recommendations to present to the City Council for their deciding votes at council meetings. 

With this in mind, how does Ms. Block separate her duties while she spends all day at City Hall?  When she discusses important issues with Mayor LaCascia throughout the day, does she then put on her “City Manager Hat”, so she is not in violation of the Sunshine Law, but is having a “Staff Meeting”?

As Acting City Manager she makes very important decisions, some of which need Council approval.  She can then don her “Vice Mayor Hat” and can cast a deciding vote in the City Council meetings.  Council Kimsey seems to be the only Council Member to see a problem with this huge conflict of interest and possible abuse of power.  At several Council meetings, he has expressed deep concerns regarding this issue, and the other Council members have treated him with disregard.  Due to this “Interim City Manager/Vice Mayor dual role, Ms. Block has much more power then the previous City Manager, Cory Carrier, has ever had.  This dual role has essentially removed one layer of “checks and balances” from our city government.  She initiates the expense, she can approve the expense and sign the checks!  Keep in mind Ms Block has no previous public service experience in politics, never mind in running a city. 

Since June 17, 2010, Ms Block has been meeting one on one on a regular basis with the Mayor and individual Council Members.   As Vice Mayor she met individually with Mayor LaCascia on June 17 and June 24^th, and with Council Member Adorno on June 28^th.  These meetings were publicly announced, and open to the public but timed strategically at 2:00 PM. 

As Acting City Manager, Ms Block had scheduled and announced “Weekly Update” meetings on July 1^st with Mayor LaCascia, July 6^th with Council Kimsey, July 7^th with Council Blevin, July 8^th with Mayor LaCascia, July 12^th with Council Adorno, July 14^th with Mayor LaCascia, July 19^th with Council Adorno and July 28^th with Mayor LaCascia.  As Concerned Citizens of Polk City, two of us announced ourselves at City Hall on September 20, 2010 to attend the last scheduled One-On-One meeting with Ms. Block and Council Adorno at 2:00 PM but were advised that the meeting had been canceled.  To our knowledge no future meetings have been scheduled.  Are the one-on-one Acting City Manager meetings considered Staff Meetings, or two City Council Members meeting to discuss business?  Where are the minutes of all these meetings?  They cannot be found on the City website.

How long will this conflict of duties for a very prominent public official continue?  Are we not worried about the possibility of abuse of powers?  This is not meant to attack Ms. Block’s personal integrity.  If ANYONE wearing multiple hats, is creating grey areas within the Sunshine Law, and removing a layer of checks and balances, these questions should be asked.