Sarasota News Leader

04/11/2014

Issue link: https://newsleader.uberflip.com/i/293799

Contents of this Issue

Navigation

Page 26 of 130

is a term for a mistake made while drafting a document. The heart of the issue is the definition of "ex officio members." The ordinance says the city manager, police chief, city attor ney and program administrator shall serve as nonvoting, ex officio members of the police panel. Mogensen cites a 1975 Florida Attorney General's Office opinion saying ex officio members of a board are subject to the requirements of the Public Records and Open Meetings laws of Florida. Deputy City Attorney Mike Connolly said he searched for a court case or judicial decision on the status of ex officio members of panels, but he could find nothing. He reminded the City Commission that an attorney general's opinion is just that — one lawyer's opinion. Connolly boiled down the commission's options to three: Ignore Mogensen's letter and rewrite the ordinance to change "ex offi- cio" to "staff"; abolish the IPAP and remove it from the city code; or abolish the panel and reestablish it later. He noted that because the city attorney is one of the ex officio members, his office could not represent the city if Mogensen's client decided to file a suit. "It would cost about twice as much to defend than if we handled the case," said Connolly. "It will be an incredibly expensive litigation because it is so factintensive," he added. "It covers a threeyear period, and every single email and calendar entry will be printed and read by the attorneys on both sides. And the In a more pleasant time, the three principals of the Independent Police Advisory Panel share a moment in City Hall: (from left) Program Administrator Peter Graham, IPAP Chairwoman Eileen Normile and founding Chairman Elmer Berkel. Photo by Stan Zimmerman Sarasota News Leader April 11, 2014 Page 27

Articles in this issue

Archives of this issue

view archives of Sarasota News Leader - 04/11/2014