CRESTVIEW — City Council members and city attorney Jerry Miller were "overly cautious" when the council recused itself during a March 24 presentation, according to Florida First Amendment Foundation President Barbara Petersen.

At the council meeting, Miller cautioned Dr. Jean Mitchell against presenting information from private conversations she had with individual council members. Miller said he was concerned that Mitchell would disclose council members' private remarks before the full board.

Miller said Friday that his first duty is to assure the council is not exposed to potential legal liabilities. "Every time I have perceived opportunity to protect my clients, I will do my best," he said.

That opportunity arose during Mitchell's presentation, Miller said. "I didn't know what she was going to say," he said. "She was on an unpredictable course."

Council President Robyn Helt, sensitive to a potential Sunshine Law violation, asked the board to wait in the hallway to allow Mitchell to conclude her comments.

"It’s perfectly okay for a citizen such as Dr. Mitchell … to discuss an issue with various commissioners individually and then to relay the fact and gist of those conversations," Petersen said."The fact that Dr. Mitchell was making her comments at a public meeting makes it, I think, doubly okay." 

Miller shrugged off criticism of his advice as second-guessing his and the council's actions after the fact.

"I know what facts I was dealing with first hand at the time," Miller said.

Email News Bulletin Staff Writer Brian Hughes, follow him on Twitter or call 850-682-6524.

This article originally appeared on Crestview News Bulletin: First Amendment Foundation: Council, attorney were 'overly cautious' in recusal

CRESTVIEW — The City Council has a number of ideas for inclusion in the 2014-15 fiscal budget.

Councilman Shannon Hayes has recommended 1 to 3 percent city employee raises.

Councilman Tom Gordon has suggested implementing a system to stream and store live video feeds from council meetings.

However, another of Gordon's suggestions — hiring a council administrative assistant — has generated the most discussion.

The support position is not new; an Administrative Services director previously filled the position, he said. Upon that employee's 2012 retirement, the city clerk's office assumed his responsibilities, forcing Betsy Roy to handle responsibilities not delegated by city charter.

"That's been on my mind since day one," Councilman Joe Blocker said during a council workshop on Monday. "I don't believe the clerk has the time or people to run this city."

The position's salary could be offset by a full-time assistant monitoring financial matters to eliminate wasteful spending, Gordon said.

Council President Robyn Helt, who has supported the idea of having a city administrator oversee all departments, said a council administrative assistant would be helpful.

"We have a structure that is deficient to meet the needs of our citizens," she said. "It's proven on a daily basis, it's proven on a monthly basis and proven on a yearly basis."

Creating a city administrator would require a change in the city charter, which voters have defeated at least five times since the idea was first presented in the 1960s.

Email News Bulletin Staff Writer Brian Hughes, follow him on Twitter or call 850-682-6524.

This article originally appeared on Crestview News Bulletin: Council mulls potential administrative assistant to solve 'deficient' structure

CRESTVIEW — City Council members excused themselves during Monday evening's meeting, leaving the council chamber during a resident's presentation, to avoid a potential Sunshine Law violation.

Dr. Jean Mitchell addressed the council about the city's proposed animal control ordinance when she described conversations she had with individual council members.

City attorney Jerry Miller cautioned Mitchell that disclosing council members' individual remarks made when other council members weren't present was a violation of Sunshine Laws.

"If you are lobbying council members, never communicate to them or in public make reports on their positions," Miller said. "It exposes them to dire consequences."

When Mitchell resumed the discussion, Miller said, "Do not get back into the hole I just dug you out of."

To allow Mitchell to enter her comments into the public record without exposing city leaders to a potential Sunshine violation, Council President Robyn Helt excused board members to wait in the hallway.

"I don't feel I was treated professionally by the attorney," Mitchell said. "I was doing what I was supposed to be doing. To be reprimanded in front of everyone I thought was appalling."

Mitchell concluded her presentation and the council members were summoned back into the chamber.

"Is there any specific remedy we need to take?" Helt asked Miller upon reconvening the meeting.

"No ma'am," Miller replied. "You did all you could to protect yourselves."

This article originally appeared on Crestview News Bulletin: City Council exits mid-meeting to avoid potential open meetings law violation

CRESTVIEW — The City Council says communication between council members and city departments needs improvement.

The council on Monday unanimously voted to enforce a city charter provision requiring mayoral review of resigning employees' status before they can claim reimbursement for unused vacation time.

Discussion on internal communication concerns began after City Councilman Tom Gordon said he learned about a senior city official's resignation when his wife read about it online.

"Why am I at the mercy of the media to be made aware of a situation of this nature?" Gordon said.

Upon resignation, the unnamed official was compensated $6,000 for 160 hours of unused vacation. An investigation would've shown the official was not in good standing when he left and should not have been compensated, Gordon said.

"Why are we not in the loop?" he asked.

Council President Robyn Helt passed the gavel to Vice President Mickey Rytman and offered a second to Gordon's motion to enforce the provision.  

"It warrants us discussing it," Helt said. "I didn't bring it up because I don't want to keep harping on the same drum, but there's been a consistent issue with the council finding out about city matters on Facebook. There's a problem with that."

Helt said the council might be forced to legislate a requirement to be kept informed of city matters and developments.

"I've been tactful and I've tried to tiptoe around the issue but it's not being done," Helt said.

Email News Bulletin Staff Writer Brian Hughes, follow him on Twitter or call 850-682-6524.

This article originally appeared on Crestview News Bulletin: Council demands better communication from departments

The U.S. Army Corps of Engineers has granted the Okaloosa Board of County Commissioners permits for four artificial reef deployment areas in state waters west of Destin Pass. Construction begins this summer. 

Each deployment area is 40 acres and located 2 to 3 miles offshore, and will eventually contain nine individual reefs.

The Air Force Research Laboratory at Eglin Air Force Base, Mid-Bay Bridge Authority and the City of Fort Walton Beach donated materials for the reefs' construction.

The Florida Fish and Wildlife Conservation Commission, Natural Resource Damage Assessment Program and the Tourist Development Department funded construction.

This article originally appeared on Crestview News Bulletin: Okaloosa County granted permits for artificial reefs