MINUTES OF
POLK COUNTY CHARTER REVIEW COMMISSION
MARCH 19, 2002
Chairman
Dan Costello, called the meeting of the Polk County Charter Review Commission to
order at 7:00 p.m. in the Lakeland City Hall. Commissioner Nunnallee led the prayer and Commissioner Moore
Bailey led the Pledge of Allegiance.
The Chairman
said he would like for the record to show the Commission had a quorum.
The Chairman
said the first order of business was the approval of the minutes of February 19,
2002. He asked if there were any
changes to the minutes? There were
none.
Commissioner
Lindsey made a motion to approve the minutes of February 19, 2002, and
Commissioner Nunnallee seconded the motion.
The Chairman asked if there was further discussion? There was none. The
motion carried.
The Chairman
began the meeting by introducing himself to the audience, and he welcomed them
to the third of the Commission’s three public hearings, which they conducted
prior to their final report on April 3, 2002.
He told the
audience the Charter Review Commission was appointed under the authority of
Article 8 of the Charter. There
were thirteen commissioners appointed by the County commission and the County
Constitutional Officers. They were
all unpaid volunteers. He asked the
commissioners to introduce themselves to the audience.
He told the
audience that was the Commission’s twenty-third
meeting since they began their first meeting April 8th of the last
year, and they would be making their report to the County Commission on April 3rd,
and their recommendations would be submitted to the voters for their approval or
disapproval at the November general election.
He introduced
Mr. Watts and Mr. Spitzer to the audience.
The Chairman
asked Mr. Spitzer to brief the audience on charter government and its
significance.
Mr. Spitzer
briefed the audience on the history and significance of county charter
government in Florida.
The Chairman
thanked Mr. Spitzer for his presentation.
He said the
purpose of the public hearing was to find out what the public thought, not only
about the amendments that the Charter Review Commission had come up with thus
far for referral to the voters, but also on any other issue concerning the
Charter including, and he said he didn’t think anyone in the audience
seriously wanted to recommend it, but including the abolishment of the Charter.
He told them
there was a list of the eight amendments the Charter was proposing on the table
in the back of the room, and there was a sign-up sheet for those who wished to
address the Commission. He said the
Commission’s rules permitted each person to speak for five minutes, and he
would call them in the order in which their names appeared on the sign-up sheet.
He reminded the
audience no decisions would be made at that evening’s public hearing, just as
they did in their meetings in Winter Haven and in Haines City. The information that was presented to the Commission was
recorded and the commissioners had that in writing, and they would have their
comments in writing before their next meeting, which was on March 26th
at Board of County Commissioners Administration Building, Room 407, at 6:00 p.m.
He said a total
of eight amendments had been proposed. Five
of the amendments could be classified as substantial in nature and those were
one, two, three, seven, and eight, and three were technical in nature.
He reviewed those eight amendments and briefly summarized them.
(Copy attached to the file copy of these minutes).
The Chairman
asked if the commissioners had any comments to make before opening the public
hearing? There were no comments.
The Chairman
opened the public hearing.
The Chairman
said there were twenty-four speakers who had signed up, and he invited Mr.
Eugene Roberts to speak to the Commission.
Mr. Roberts
began his comments by saying he was a Lakeland businessman and educator.
Earlier he gave
each of the commissioners a copy of the comments he wanted to make that evening.
(Copy attached to file copy of these minutes).
He
was disappointed that recommendation failed by one vote to be placed on the
ballot. It was his feeling there
were many benefits that could be derived from single-member districts, which
were: more candidates would consider running because the campaign area would be
greatly reduced; the cost of campaigning would be more affordable; the elected
candidate would have an easier time maintaining close contact with the district
as the geographic area, and the number of direct constituents would be much
smaller, and this would likely generate more public interest in the Commission
as voters would feel they had closer ties to the person living in their area who
they had elected.
He said a number
of years ago, the Florida legislature moved to single-member districts.
Prior to that, candidates for the Florida house of Representatives had
first to campaign in Polk and Sumter Counties, and later, when districts were
redrawn, in all of Polk County. That move to single-member districts had caused
no damage to the Legislature or to the legislative process.
The only way to
get that issue on the ballot then was by petition with signatures of seven
percent of the registered voters. He
intends to form a committee to do that, and he believes there won’t be a
problem obtaining the required number of signatures.
He commended the
Commission for its hard work. He
said a number of good things had been accomplished, and Dan Costello had been an
outstanding chairman.
The Chairman
thanked Mr. Roberts for his comments.
The Chairman
invited Mr. Victor Mansfield to speak.
Mr.
Mansfield said he believed they all could agree that there were some problems in
Polk County government. Most of the
problems could be reduced to two or three parts. Two basic problems, which concerned power and money, first
who had the right or the power to make political decisions?
Secondly, how much taxes shall be?
In
Job 38:2 God asked Elihu, “who is this that darkeneth counsel by words without
knowledge? And Proverbs 10:19 said, “In the multitude of words there wanteth
not sin”.
He
asked them to become friends of the majority in Polk County instead of the
professional politicians, and that was what they were asking of them, and if
that was too big of a job for them, then they were too small for the job they
had on the Commission, and they should either repent or resign and say why they
did so. The majority would respect
them for that. “Righteousness
exalteth a nation, but sin was a reproach to any nation”, Proverbs 14:34.
Mr.
Hancock began by saying in the absence of a survey that Commission perhaps
should have taken, Citizens for Truth in Government conducted one.
They hired a national marketing firm to take a poll, and Ms. Barbara J.
Talbott had planned to speak that evening, but a family emergency prevented her
from being there. He said Mrs. Talbott was the General Manager of Suburban
Associates. He said Suburban and
Associates was a second research firm, and on March 11th Citizens for
Truth and Government contracted her firm to conduct a survey relative to several
issues that had been and were currently being consider by that Commission.
The survey was a brief three-question poll.
The questions were as follows: First, were they a registered voter of
Polk County; Secondly, would they be in support of a ballot measure to increase
politician’s salaries by fifty percent, and Lastly, would they be in support
of a ballot measure to cut politicians salaries by fifty percent?
He
asked the Commission to bear in mind that was an ongoing survey that would be
going through the end of there meetings. He
said that Mrs. Talbott would at the Charter Review Commission’s meeting to
present her final findings.
He
said Suburban and Associates polled five hundred and eight-five people in the
Lakeland Mall in a personal survey, and more than fifty percent said they were
registered votes, and more than ninety-five percent said they would not be in
favor of a ballot measure to increase any politician’s salary by fifty
percent. More than sixty-six
percent said they would be in favor of a ballot measure to cut constitutional
officers salaries by fifty percent or any politician’s salary by fifty
percent.
He
said Mr. Steinard would be showing them a poster board shortly, with the people
versus the politicians.
The
Chairman invited Mr. Frank Koch to speak.
Mr. Frank Koch, 2123 E. Gachet Blvd., Lakeland
Mr.
Koch began by saying that he had read and heard their side of the story about
why the people’s proposals were not being advanced by the Commission.
With
respect to freezing taxes and recalling politicians, Mr. Hancock told them the
Commission was correct. Mr. Koch reminded them the proponents of the charter
government in 1997 to sell the idea of forming the original Charter Commission
used those claims.
The
Chairman thanked Mr. Whittle for his comments.
Regarding
changing some of the constitutional officers to non-partisan, she was a strong
believer in the two party system and she didn’t think that there was any
political race that was non-partisan, and if they thought that it was she would
direct their attention to the list of people who held campaign events for
candidates, and to look at the guest list and at the contributors, and then tell
her that the race was non-partisan, because it just wasn’t so.
The
Chairman asked Ms. Harden what her position was regarding the mixed system where
there were some single-member and some at large?
Ms.
Harden said if she understood it there were many counties in Florida that did
have single-member districts, but that they did have one or two that were
at-large, and she said if she was not mistaken that was what Hillsborough County
had. She said she thought Leon
County had something similar to that, and she thought that system worked quite
well.
The
Chairman thanked Ms. Harden for her comments.
The
Chairman invited Mr. Robert Sowick to speak.
Mr.
Sowick began by asking what made the County Commissioners feel that they were
worth that kind of an increase in salary when they couldn’t do what they were
supposed to do then? He said the
County Commissioners that were had previous to them made top salary, and he
asked what did they do to the people? He
answered they turned around and placed a five cent gas tax when the people told
them not to. He asked what happen
to those people who were County Commissioners when the people spoke and said do
not put a five-cent gas tax on them? He
answered they were out.
It
was his feeling if they could not operate on the amount of money they were
making then they certainly would not do any more making $49,000 per year than
they were doing then. It was
obvious to him that all they were doing was sitting around and pointing fingers
at one another and getting nothing done.
The
Chairman thanked Mr. Sowick for his comments.
The
Chairman invited Mr. D.G. Micklewright to speak.
Mr. D. G. Micklewright, 2015 Charms Ct., Lakeland
It
would handle cases of questionable police matters, which then were being handled
by a police internal review. Such
internal review was inherently flawed subject to perceived or actual built in
bias, lack of expertise on varied issues, and a narrow view of what was best in
the long run for the community.
He
said in his engineering work project designs were reviewed not by their
associates across the aisle, but rather by a completely outside group or neutral
consultant. He said the community
had been buffeted in the last few years by a list of excessive police action
resulting in death during attempted arrests, and there was no need to rehash
those cases. In addition, he said
he had a list of thirteen persons who had died under questionable circumstances
after being booked into the Polk County Jail since 1992.
Also, there was an article from Monday’s Ledger telling of fourteen
Miami police officers being exonerated by an internal review board of two
hundred ninety-three allegations, which included eyewitness accounts.
Those cases all provided good reason for a Citizen’s Review Board.
He
felt law enforcement basic policies needed periodic review for their affects on
law enforcement costs, on the local workforce, outsiders perception of the
community and on the individuals caught in the system, and it was his feeling
that the Citizens Review Board could best accomplish that.
Regarding
the pro-arrest policy, which was put into effect by Polk County Law Enforcement
under the theory that major crimes were reduced if minor crimes were pursued
assiduously, and that if thousands of citizens were arrested they were bound to
catch a few real criminals. The
policy was put into effect largely without input from the Polk County business
and economic leaders, and without input from persons directly affected
financially within the Polk County government.
There were no public hearings. He
asked what were some of the ramifications of that policy?
He
said the Sheriff’s budget consumed essentially all of Polk County’s real
property tax income, which amounted to approximately $90 million dollars.
Last year over 28,000 citizens were booked into the Polk County Jail, and
between twenty to twenty-five percent of those were males between the ages of
eighteen and forty-five. Since the
Polk County labor force was about two hundred thousand with males representing
one hundred seven thousand of that total, they could see that the Sheriff’s
Department jailed about twenty to twenty-five percent of the total male workers
in one year, and of course some of them were jailed more than once, but no
available numbers were provided on that.
He
said only about half of those individuals were ultimately convicted of a crime,
and of those who were convicted only twelve percent were convicted of a serious
crime or felony. Moreover, such
arrests cost the taxpayer $1,640 just for the processing and the first
appearance in court, and thus the direct out-of-pocket to the taxpayer were
substantial due to Polk’s pro-arrest policy.
The out-of-pocket costs to a citizen who was arrested was also
substantial, and the long-term costs of carrying a criminal record for the rest
of their life heavily affected future income.
Thus they must consider what affect all of that had on the Polk County
labor poll and on an outsider’s view of the county as a desirable living area.
It
seemed to be the homeless, poor, and the mentally handicapped who seemed to be
most enmeshed in the penal system, and often could not get free of the system
due to inability to pay court costs or getting rearrested for a parole violation
on a minor infraction, which was another $1,640 taxpayer cost.
In
1999 parole violations were the leading cause for arrest in Polk County totaling
six thousand four hundred eighty-three, thus the law enforcement establishment
spent $10.6 million on that one item.
He
said it seemed to those of them who were connected to Citizen Law Enforcement
Watch that policies affecting the economy, quality of life, and social justice
future of Polk County should not to be left of persons of strong but limited one
sided view points. There was an
opportunity for improvement by adopting a Citizens Review Board comprised of
citizens bringing multi-varied talents and viewpoints that could solve the
problems of the present system. He
asked that they consider proposing such a board to the electorate.
The
Chairman thanked Mr. Micklewright for his comments.
The
Chairman invited Joe Tedder to speak.
Joe Tedder, 2415 Nevada Road, Lakeland, Tax Collector for Polk County
Mr.
Tedder said he provided to the Commission an amendment to the Efficiency
Committee that he wanted them to consider in their deliberations over the next
few weeks. He felt that amendment
would accomplish the ultimate goal of the Efficiency Committee, which was to
provide more accountability to the elected officials as well as focus on making
sure the elected officials and government bodies actually had a focus, mission,
and could define what they believed was successful and success for them.
He
said for many of them in the business world it was very easy for them to define
success, but in government it was at times very difficult to define success.
He said if they were to ask the City Commission of Lakeland or the School
Board how they would define success for their operation they would have a
difficult time doing that, as he was sure they would if they were discussing it.
It
was his feeling that the Efficiency Committee with those changes would allow the
citizen to be involved in that process, which in the long run would provide more
accountability and a better future for Polk County.
The
Chairman asked Mr. Tedder if he could summarize for the Commission what changes
on the current proposal he was recommending?
Mr.
Tedder said he felt that page three was the most substitutive change, which
started on line eight. Basically
what the change did was it set part of the focus of the Efficiency Committee to
actually study the mission, objectives, and the goals of the government body.
Each elected official and government body should be able to define
exactly what they believed their mission and their objectives were, but in turn
they should also be able to demonstrate adequately in unbiased measurements how
they were or were not achieving those goals and objectives, and then they needed
to make sure that they expressed what they believed the goals and objectives
were of those government agencies. They
should be able to inform the citizens of what those objectives were so they
would be held accountable for the results that had been generated.
Those
objectives and those goals of that mission needed to be in line with what the
citizens perceived that government body to do.
He said that completed the circle of making sure a government agency goes
through the planning process. They make sure that they adequately measure that
so that they could demonstrate to the public if they were meeting it or if they
were not meeting it. They make sure
that the citizens agreed that was exactly what they wanted that agency to do.
He
said if one asked the School Board what their objective was – Was it to
graduate more people or to get more people into college to help higher
teachers’ salaries, and what exactly was the overall objective for the School
Board, and he felt they could debate that issue for a while, and once they
decided what they believed the overall objective was or how they defined the
School Board then they asked themselves how they would measure that objectively
and adequately so that they could tell the citizens of Polk County that was what
they had determined was their objective, and that was how they were going to
measure it, and one year from then they were going to show them what kind of
results they came up with. He said
he felt that should be the focus of the Efficiency Commission Committee as
opposed to maybe going to the School Board and trying to find out what kind of
computers they buy or what kind of cars they buy, and was the Efficiency
Committee looking into the minute decisions being made.
The Efficiency Committee should look at the broad picture as a way of
setting a goal and a guide for public policy in the county.
The
Chairman thanked Mr. Tedder for his comments.
The
Chairman said it was then 8:00 p.m., and without objection, the Commission would
recess for fifteen minutes. There
were no objections.
The
Commission reconvened at 8:15 p.m.
The
Chairman invited Rhonda Thurner to speak.
Ms. Rhonda Thurner, 5101-2 Old Hwy 37 in Lakeland
Ms.
Thurner said she wanted to speak to them on three items that related to the
elected constitutional officers.
The
first being term limits, which she was not in favor of.
Term limits were not conducive for developing a long-term commitment for
the organization. It would take a
long time for a new incumbent to become acclimated to the position. Their most productive times could possibly be in their last
term. This could seriously minimize
the ability to build a strong agency.
Secondly,
regarding salary reductions for the constitutional officers, she felt reducing
their salaries would devalue the importance of the office in which they held,
and they would more than likely need to seek additional employment to supplement
their incomes if there was reduction in the salary.
She
said they had already seen what had happened to the County Commissioners in that
respect. She felt the
constitutional officers held positions of much responsibility, and knowledgeable
capable leaders needed to be sufficiently paid for the highly administrative
jobs, which they held. She
said she was in total agreement with Amendment 2.
Lastly,
she was glad to see that there were no proposals to change the structure that
was then had. She asked that they
leave the constitutional officers the way they were.
Operating in their environments with a qualified leader at the top.
She asked them not to take the citizens rights away by not letting them
have the opportunity to vote on the constitutional officers of their own choice.
She
thanked the Commission for allowing her to speak.
The
Chairman thanked Ms. Thurner for her comments.
The
Chairman invited Mr. Allan Arbuthnot to speak.
Mr. Allan Arbuthnot, Lake Lowry Road, Lake Alfred
Mr.
Arbuthnot said that he wanted to say that Commission had not done what they
should do, and yet there were some
initiatives that some of the citizens would like to have on the ballot, and he
felt it would be very good if they would put those on the ballot, and if the
voters wanted to approve them then they could, and if they didn’t want to
approve them then they could vote against them.
He
said the Commission was trying to keep things as status quo according to the
people who put them on that Commission, and he said he didn’t believe that was
right, and that was not what charter government was about.
The
Chairman thanked Mr. Arbuthnot for his comments.
The
Chairman invited Mr. Tom King to speak.
Mr. Tom King, 1100 Oakridge Parkway, Lakeland
Mr.
King began by saying that he would like to thank the Charter Review Commission
for what they did on behalf of the Polk County citizens.
He said he thought they all desired a county whose government was
representatives of and responsive and accountable to the citizens.
He
said he supported the existing structure of the constitutional officers whereby
the elected official may devote one hundred percent of their time to their
visions and goals of the office. Further,
he supported Florida’s Constitution in the laws of the state including the
checks and balances system as provided for the independent constitutional
officer, therefore, it was his belief that it was extremely important that the
constitutional officer not be limited to what might be termed a half-time
position receiving half-time compensation.
Although
he could not claim each and every duty of each constitutional officer, he did
know that his or her duty and accountability was great, and therefore, felt that
the management including the decision making process should remain with each
unique constitutional office.
The
idea of term limits for constitutional officers asked the question were career
politicians bad for the county? He
answered in his opinion, no. He
said he believed that if voters desired to re-elect long-term or career
politicians it was entirely their right to do so, rather than their not having
the opportunity, which was stripped by having term limits.
Well-regarded politicians who had formed strong ties with their
constituents should not be forced out merely because of term limits.
Careerists were not the greater threat, and careerists who were elected
to office were not more likely to betray their constituents, and they were as
likely to uphold ethics as a new coming politician.
He
said as long as a person qualified for political office that person had the same
opportunity for election or re-election as the next qualified person.
Therefore, the political field was not narrowed simply because an elected
official decided that he or she would like to be re-elected in order to continue
in their work. On the other hand,
term limits did narrow the political field since the result of term limits was
that after a couple of terms the field was open only to new comers.
The veteran politician should not be punished simply because he or she
had served for a stated period of time. Instead
a veteran politician should have the opportunity to be rewarded for their
experience, their good work, and their high ethics, and that reward was achieved
by the choice that voters exercised. In
his opinion, the voters should not be limited to voting for new comers only
because of term limits. The voters
should have the opportunity to vote for any qualified candidate whether they had
or had not previously served at the same office.
He
said he appreciated having that opportunity to voice his views regarding the
structure, compensation and term limits as related to Polk County constitutional
officers. He said he was a
registered voter and a Polk County resident of nineteen years, and he had
resided in Lakeland for ten years.
The
Chairman thanked Mr. King for his comments.
The
Chairman invited Jim Doll to speak.
Mr. Jim Doll, 1028 Bentmore Drive, Winter Haven
Mr.
Doll said he thought for someone to come before the Charter Review Commission
and say that the salaries of the politicians needed to be raised before they
could get good people was a slap in the face to the Commission because they did
what they were doing for nothing, and they were doing a good job.
He
said he didn’t know their worth, but he didn’t think they could afford to
pay them what they were paying them, and if they were worth those wages, he
would suggest that they get them a job that paid those wages.
He
said he agreed with Mr. Smith regarding cutting the constitutional officers’
salaries. He said he thought the
Commission would be doing the people a disservice by not putting it on the
ballot, and if they didn’t place it on the ballot they could get out and get
those petitions signed and in the process educate the people as to what those
salaries were, and what the Commission was trying to do to raise the County
Commission salary.
Last
year he said he thought they got a raise of $3 or $4 thousand dollars, and he
felt they would get another raise that year for $3 or $4 thousand, which was not
bad, and he said if he was wrong he apologized. He said he wasn’t sure how much they received, but he was
sure they got a raise.
The
Chairman said he thought Mr. Doll was a little on the high side.
Mr.
Doll said he was with Mr. Smith and he thought they should have their salaries
cut because people in Polk County made an average of $27,000 per year, and
couldn’t afford to pay those wages.
He
said two weeks ago at the meeting in Haines City there was a man who spoke who
was obsessed with where Mr. Smith got his money to do what he was doing.
He said he didn’t think it was any of that man’s business where Mr.
Smith got his money.
The
Chairman thanked Mr. Doll for his comments.
The
Chairman invited Hugh Johnson to speak.
Mr. Hugh W. Johnson, Jr., 1615 Skinner Road, Lakeland
Mr.
Johnson said tax, spend, and regulate sounded like insanity to him.
He said as of then they were being taxed at fifty-five percent total of
what they made on all taxes. More
than half of one’s income was taxes. If
one loved their children and their grandchildren then they must cut spending,
and they must cut the pay in half and have term limits to start with.
He said to, “Remember the power to tax was the power to destroy”,
Thomas Jefferson.
He
said if they didn’t stop spending then one could look for eighty-five percent
of their income to go to taxes in five to seven years.
He asked them to remember what George Frederick Hegel said, “Man never
learns anything from misery, he goes to his own destruction”.
He said he was behind Dewey Smith for what he was trying to accomplish,
and he was the best thing to happen to Polk County, the State of Florida, and
the United States of American, and God bless Dewey Smith.
The
Chairman thanked Mr. Johnson for his comments.
The
Chairman invited Ms. Kristi Joyner to speak.
Kristi Joyner, 1285 E. Hibiscus, Bartow
Ms.
Joyner said she had a letter with her which was signed by nineteen individuals
that lived in Polk County that were unable to attend the meeting that evening
for one reason or another.
She
said she would like to for the sake of time, read the first and last paragraph
of that letter. (Handout attached
to file copy of these minutes).
The
letter read, "It was of the utmost importance that the Charter Review
Commission maintain its policy regarding the constitutional officers."
As a resident of Polk County, I value the quality of the individuals
holding these positions, and to cut their salaries and impose term limits would
serve only to demean those offices, and in return, decrease the caliber of
individuals seeking those positions.
Polk
residents deserve highly qualified, experienced individuals overseeing the
country’s five constitutional offices. The
individuals who have signed this letter send a message of support to the Charter
Review Commission and urge the Commissioners to continue with their support of
maintaining the current polices that govern the constitutional officers.
The
Chairman thanked Ms. Joyner for her comments.
The
Chairman invited Mr. Wayne Steinard to speak.
Mr. Wayne Steinard, 2931 Country Place SW, Winter Haven
Mr.
Steinard began by saying according to the Charter Review Commission’s records
since April 10th of last year more than 2,750 individuals had
participated directly or indirectly in the Charter Review process.
Some of their wishes had not been expressed in person, and some by
letters, e-mails, petitions and telephone calls.
Approximately fifty of those politicians, their personal friends,
surrogates, want-to-be’s lobbyist, county employees, financial contributors,
some businesses, and special interest groups, bankers and lawyers.
He
said for purposes of that short discussion he would call the group of
politicians the fifty. More than
2,700 participants were ordinary blue and white-collar taxpaying citizens, and
he was one of those citizens.
He
said he realized that they were not all of the people of Polk County, but 2,700
were the minimum number of ordinary citizens who participated in that process,
and whose names were also found in the Charter Review Commission’s public
record files.
He
said what politicians wanted most was bigger more expensive government, and the
people on the other hand, wanted just the opposite, less government and more
accountability.
He
asked did that not speak in the same kind of arrogance when the County
Commission spent thousands of tax dollars to advertise a penny sales tax, which
was the same tax that the voters overwhelmingly turned down.
On
point, the Commission could have easily embraced the salary decrease proposal
the people wanted for the county constitutional officers, but instead of doing
so, that Commission did what the politicians wanted only, the fifty.
Granted the Charter Commission did not do everything the politicians
wanted. The Charter Review
Commission however did what the politicians collectively wanted the most, and
maybe not what the people wanted the most.
Based
on the input the Commission had received from the people as well as the Suburban
and Associates Survey presented to them that evening, they urged them to
reconsider those matters. A pile of
2,700 petitioners, and nineteen where placed on the record from the other side
of the argument. He said there was
nothing coming out of there for the 2,700 only for the fifty that they knew of.
He said he wanted to remind them that the issues as well as that
Commission would be judged in accord of public opinion, and based on what he
expected them to do he was going to be working on the side of the prosecution.
He said 2,700 people said they wanted something, and they got nothing,
and fifty got everything.
The
Chairman thanked Mr. Steinard for his comments.
The
Chairman invited Mr. Jack Fouts to speak.
Mr. Jack Fouts, 1917 Shawnee Trail, Lakeland
Mr.
Fouts began by thanking the Commission for allowing him to come before them that
evening to express his support of the current structure of the constitutional
officers concerning salary reductions and term limits.
The
constitutional officers should have to run for office every four years and be
held accountable. Checks and
balances were needed. He asked if
the Tax Collector were to serve under the Board of County Commissioners or
become a department head under the Board of County Commissioners who would be
there independently on behalf of the taxpayers?
He answered control should not be under one body of government.
Regarding
cutting the salaries of the constitutional officers he would not serve as Tax
Collector for a half-time salary. The
responsibility and stress was too great, and he asked them to think of it in
this light, they collected and distributed over $300 million dollars and
processed over $1 million transactions annually, and it that were a private
business with responsibilities of that volume what would the CEO’s salary be?
The
Chairman thanked Mr. Fouts for his comments.
The
Chairman invited Keyno Hicks to speak.
Mr. Keyno Hicks 2917 Borington Ave., Lakeland
Mr.
Hicks began by saying that he wanted to ask the Commission to please reconsider
the idea of the Citizen’s Review Board especially for the Sheriff’s
Department of the county. He said
there was empire building going on in the Sheriff’s Department, and he said he
would give them an example of what happened to his brother, and they could
multiply that by thousands of cases that happened there in the county.
He
said his brother who was an easy going law abiding religious kind of fellow
happen to be passing through a neighborhood one night, and the lawyer explained
later probably because of the kind of county car that he was driving, and at the
hour he was driving through that certain neighborhood it was decided by a
Sheriff’s officer that he had to be stopped.
The Sheriff’s officer was straight in front of him at a stop sign.
He pulled up to a stop sign and he made a full stop, because he saw the
Sheriff’s deputy in the parking lot in front of him.
As he pulled away from the stop sign the deputy followed him and pulled
him over and told him he ran the stop sign.
His brother responded, “officer, I saw you in front of me, and I would
have been foolish. The officer said
to his brother that he was trying to resist him.
He placed handcuffs on him, made a big deal out of it, and took him down
to the jail and booked him. His
father who was eighty years old who was an easy going religious man and another
brother who had worked as a reserve officer for the Sheriff’s Department went
down to help his brother and they were treated rudely and discourteously and
made to wait.
He
said what was happening in the county was a lot of people were being arrested on
knit picking charges, and he discovered that when he went to court with his
brother, and ran into other people that were having to deal with the court
system because they had been hauled in on knit picking charges of driving
without their glasses. He said he
ran into a third cousin, and he and his wife were going through a divorce, and
she made charges against him, and the Sheriff’s Department made a mountain out
of a mole hill.
His
brother paid $1,000 to an attorney to help him, and he went to court and his
attorney subpoenaed the Sheriff’s Deputy to be in court and explain the
situation, and the Sheriff’s Department ignored the subpoena, and he asked how
was it the citizens had to abide by subpoenas to show up in court and explain
things, but the Sheriff’s Department could arrest people and haul them to jail
and harass people, but then they could disregard subpoenas to show up in court
and explain what they were doing. He
asked how could they do that?
He
said there was no one that could oversee the Sheriff’s Department, and he knew
the County Commission was supposed to do that, but they were burdened with a lot
of other things, but the watch dog group called the Citizens Law Enforcement
Watch sent a list of questions to Sheriff Crow last summer to please meet
publicly and explain some things, and he totally ignored that, with the
exception to say that he would meet privately behind close doors, in the dark,
and the Citizens Law Enforcement Watch wanted to meet publicly and have him
explain some of those questionable deaths in the jails and increased money each
year in their budget, and the increased arrest records, but he refused to meet
publicly, so he submitted to them that there was empire building going on there.
He said there were a lot of arrests being made to only run up the
statistics, and when it was analyzed there were not many convictions.
He
said Solomon in Proverbs said in a multitude of counselors was their safety?
He said that he would like to say that a Citizens Review Board, which
would be counselors to the Sheriff from the public would bring safety for
citizens rights and for taxpayers money, because there was a lot of money going
into the empire building that was going on in the Sheriff’s Department.
He said Teddy Roosevelt began his career by being on a Citizens Police
Review Board in New York City, and he learned a lot and went on to become an
outstanding president of the nation by starting out walking around at night
going on beats with policemen and finding out what was going on.
He
asked that they place that issue on the ballot to expand public discussion and
awareness of what was going on in the county, and to let Polk County set an
example for the whole nation.
The
Chairman thanked Mr. Hicks for his comments.
The
Chairman invited Mr. Tom Macy to speak.
Mr. Tom Macy, 925 Lake Elbert Drive, Winter Haven
Mr.
Macy said he left some material for them to read at their leisure.
He said he had some questions that he wanted to ask.
He
said he was in favor of single-member districts, so that rich folks can’t be
the only ones to run and represent the people.
Polk
County was one of the lowest taxed areas in the nation.
One of the people in Haines City testified that taxes were so abusive
with the federal, state and local government that it took $46,000 for a family
of four to pay their taxes. He said with Polk’s County Commissioners getting only
$33,000, he totally suggested that they increase their pay so that they could
pay their taxes.
He
thanked the Commission for its service and he said they had done a fabulous job,
and the people couldn’t thank them enough.
The
Chairman thanked Mr. Macy for his comments.
The
Chairman invited Mr. Tim Dooley to speak.
Mr. Tim Dooley, 1425 Baker Drive, Lakeland
Mr.
Dooley said he worked in Lakeland at a wood printing company for the last twenty
years, and he was a third generation Polk Countian.
The
Chairman said he would make sure the handouts were distributed.
The
Chairman invited Commissioner Don Gifford to speak.
Commissioner Don Gifford, 1006 W Bonnie Dr., Lakeland
Commissioner
Gifford said he didn’t know when the Commission finished its work whether or
not that information would come to them by the Chairman or by a select group or
all of them would have the opportunity, but that being the last public hearing
they held, he didn’t want to miss the opportunity to express to them how much
he appreciated the work they had done, and they had done it freely and
generously and thoughtfully, and so many important issues they had discussed,
and while he may or may not agree with all of the things they had or had not
included he believed they had studied and worked and had done a great job for
the citizens.
The
Chairman thanked Commissioner Gifford for his comments, and he told him he would
see them at the County Commission meeting because they were going to present
their report to them on April 3rd, and he believed they were first on
the agenda.
The
Chairman invited Scott Wilder to speak.
Mr. Scott Wilder, 1953 Suzanne Lane, Lakeland
He
said he was there to provide them some information regarding the proposed Polk
County Efficiency Commission. He
said in short he believed the proposal merited more thoughtful consideration and
debate. He said he did agree it was
a good idea worth exploring, but he thought it would be prudent to make a more
in depth discovery of the proposal to make sure that those who would be voting
on it generally understood it.
He
said the stated purpose of the Efficiency Commission was to study the
organization structure and effectiveness or efficiency of any and all
governmental units in Polk County. He
said that was quite a responsibility, and it was a very broad mandate and he was
of the opinion that it was an overly broad mandate.
He
felt the scope and the authority of that proposed Commission he believed was
expansive. There were virtually no
limits as it was written. He said
under Section 8.6.3 the Efficiency Commission shall adopt and amend its own
rules of procedure by majority vote, meaning that once that Commission was
appointed it could literally stake out whatever it would like to do or not like
to do, and how it would like to do it, and it was all within the scope of its
own mission, which was to study and propose anything and everything about any
government body in Polk County. He
said he thought the question that needed to be debated more was where was the
limit to that Commission’s authority?
The
language further provided that governmental units “were directed to provide
information and cooperation to the Efficiency Commission”.
He asked what did that mean, and what would that cost the taxpayers?
He said the language was unprecedented, and there was no other government
or private agency that he knew of that had that kind of authority. He said there were some extreme examples like a State
Attorney or a Grand Jury and those kind of things, but the Board of County
Commissioners didn’t have that authority, constitutional officers didn’t
have it, or cities, and none of those elected bodies or officials had unlimited
authority to direct other bodies or officials to “provide information and
cooperation”. He said under that
language the Commission could require government agencies to create extensive
reports and expensive reports for whatever reasons it chose.
He
said he would be in favor of more focused language in that document.
He
said he thought one of the concerns that he had with that proposal was the
assumption that there was not now any independent arms length analysis and
scrutiny being given to government. He
said in their case that certainly wasn’t true, and by way of example, the Polk
County Sheriff’s office was independently accredited by five different
accrediting agencies that objectively evaluated the organization structure and
effectiveness of the Polk County Sheriff’s Office. The Sheriff’s Office recently earned the National Institute
of Governmental Purchasing Outstanding Agency Accreditation Achievement Award,
and in so doing the Sheriff’s Office was the only governmental agency to win
that recognition in the county, and it was the only law enforcement agency in
the country to have that recognition.
He
said a quote from the Executive Officer of that board was, “Many government
agencies had attempted to achieve that accreditation status only to realize that
their practices fall short of the required standards of performance, while the
NIDP Membership represents 2,100 governmental agencies throughout the United
States and Canada only forty governments had obtained that distinction. Clearly
the Polk County Sheriff’s Office had joined the elite group of purchasing
organizations that represented the highest standards of quality and efficiency
in government”.
He
said the Sheriff’s Office had a total of five accreditations.
They were one of the very agencies to be a five star accredited agency in
addition to their Purchasing accreditation that they received they had earned an
accreditation from the Commission of Florida Law Enforcement, the Commission For
Accreditation For Law Enforcement Agencies internationally, the Florida
Corrections Accreditation Commission, and Health Care Accreditation from the
National Commission for Correctional Health Care, and next week they would
receive their sixth accreditation, which was a national accreditation for their
911 Telecommunications Center.
He
said the point that he was trying to make was that there were some very
professional organizations out there, and he thought one thing that the Charter
Commission could do was to encourage governments to use those accreditations to
affectively help those agencies do what was right. He said he mentioned those to explain that at least in their
case, there already existed a wide range of real professional review, and they
did that because it made them better, and improved their services to citizens.
Candidly
those professional creditors knew what they were looking for, and they were
judging their agency based on professional peer review standards of
accomplishment and performance. He
said the average citizen simply did not have at his disposal the same kind of
knowledge and experience to provide the same kind of meaningful management
review.
The
Chairman thanked Mr. Wilder for his comments.
The
Chairman invited Mr. Dewey Smith to speak.
Mr. Dewey Smith, 224 Doris Drive
Mr.
Smith said two years ago he asked the House Representative Lori Edwards to sign
their petition for term limits and reduction of commissioners’ salaries by
fifty percent, and at the time Mrs. Edwards was a Democrat candidate running for
Supervisor of Elections. Mrs.
Edwards told him that she wouldn’t sign their petition because she was not for
term limits and fifty percent salary cuts. He said he told her that they were not asking her to take a
position on the issues. He said he
told her that all they were asking her and everyone else to do was sign the
petitions so that the citizens could decide the issues themselves at the ballot
box, just to sign the petition so they might have a chance to get the amendments
on the ballot, and then if it got on the ballot to vote however she liked.
He asked her wasn’t that the American way?
He said Mrs. Edwards looked at the petitions for a second, and then
looked at him and replied that he was right, it was the American way, and she
signed the petition.
He
said it wasn’t in Mrs. Edwards best political interest to sign those
petitions, and not only was she going against both political parties he was also
a Republican. He said Mrs. Edwards
could have also lost financial support from important people, but that obviously
was a matter of conscience with Ms. Edwards, and instead of going the political
way Mrs. Edwards went the American way.
Her
Republican run off opponent refused to sign their petitions.
He said, need he say how glad he was when they voted the American way,
and Mrs. Edwards won out.
He
asked that the Commission let the people decide at the ballot box, and that was
all they had asked that Commission to do. He
said they had not asked them to vote for term limits and salary issues or for or
against any other issue. All they
had asked them to do was give the people the opportunity to vote on the issues
that they wanted on the ballot and let them all vote for or against.
He
said unless the Commission changed between then, and their next meeting they
were not going to do what Ms. Edwards and a few other candidates did several
years ago, and they were not going to do it the American way.
That failing on their part was not all their fault.
It was their fault too.
He
said up to that very meeting they had done everything they knew to do including
having a survey conducted that the Charter Review Commission would not have
conducted. He said they heard the
very best they had to offer. Attorney
Phillip Kuhn, Doug Bark, Jerry Hughes, Wayne Steinard, Russell Hancock, himself
and others, but it appeared that their very best would not be good enough to
change the only thing about them that counted, and that was they failed to
change their hearts.
He
said they would of course go forward from there to another petition drive, and
they would again negotiate the petition obstacles that remained in their path,
and that time they would not only petition to reduce the so called county
constitutional officers’ salaries and term limits, and they would petition for
a reduction in the petition requirements for even as low as one percent, and
then they would finally realize the promise of charter government.
In the meanwhile they would prove again that City Hall can be beaten, and
they would again do so overwhelmingly.
He
said that ongoing movement promised to be even more exciting and fun than the
last. He said they asked that all
citizens keep the faith. Despite
what that Commission or one thousand commissions like it had done, and despite
all of the politicians who appointed commissioners such as themselves they would
realize the dream of charter government, and they would make the charter work
for the people, and they would take their government back.
He
said in the meantime he hoped the members of that Commission would realize the
error of their ways. He said a few
moments ago he talked about the American way.
He asked what was the American way?
He said he wanted to tell them what it was. He asked them to try to recall the time in that country when
ordinary men and women had the courage of their convictions and were willing to
sacrifice their lives on the alter of freedom, principle and liberty.
He said Liberty was an easy word to say but it was a hard word to live up
to. He said it was not a weekend
pass from a Navy or Marine base and freedom had little to do with financial gain
or personal pleasure. Freedom
brought with her the companion called responsibility, and he asked what was the
definition of responsibility? He
answered able to fulfill one’s obligation, able to choose for one’s self
between right and wrong, neither is she an only child.
Patriotism and morality were also her brothers they were inseparable,
destroy one and all would die.
He
said he talked with the Supervisor of Elections Lori Edwards and he asked her if
petitions were being circulated again to bring all of the county officers under
the charter to term limit them, and cut their pay in half if she again would
sign the petitions placing them on the ballot whereby the people could vote and
decide those issues for themselves, and he asked would she sign the petitions?
Her answer was yes, and she didn’t hesitate at all.
He said if the people wanted those issues on the ballot and Polk
County’s Supervisor of Elections was in favor of putting it on the ballot why
couldn’t they?
The
Chairman said that completed the Commission’s public hearing, and he
appreciated their attendance. He
said they had a couple of housekeeping items to complete.
He
said the Commission’s next meeting was on March 26, 2002, which would be on
the fourth floor of the County Commission Building and the meeting would begin
at 6:00 p.m.
The
Chairman asked if there was other business to come before the Commission?
There was none.
The
Chairman said he wanted to compliment the Charter Review Commission for their
attendance at that evening’s meeting, and the meeting on March 26th
would be a very important meeting, and it would be the last time they would have
an opportunity to consider their proposals and to modify or add to them before
they made their final report, which was due on April 3rd at 9:00 a.m.
in the County Commission Chambers, and he hoped as many of them as possible
would be able to attend that meeting.
He
said if there was nothing more to come before them, without objection, they
would stand adjourned. There were
no objections. The meeting
adjourned at 9:00 p.m.
Respectfully
submitted,
Cynthia
Swearengin