Frank Brenner, Sarasota

Attorneys as a class are not risk takers. That’s why they become lawyers. When a CEO asks an attorney whether he should take a specific action, the attorney is likely to tell him, “If you do that, this may happen.” A customary response from the CEO would be, “I’m not paying you to tell me there’s a chance I might be struck tomorrow by a falling airplane. I’m paying you to tell me what to do.”

Where am I going with this?  At the Sept. 9 Sarasota City Commission meeting, the City Attorney declared to be “somewhat ludicrous” the plaintiff’s position in the Chapman lawsuit, to wit, that a Sunshine Law violation is made out when two commissioners attend a public meeting where discussion is had on a matter reasonably likely to thereafter appear on a Commission meeting agenda — even though the commissioners remain silent. But the City Attorney stopped at advising that the commissioners could attend the function without exposing themselves to personal liability.  Instead, he said their conduct would create a risk of another lawsuit by the parasitic Michael Barfield, i.e., a stickup without a gun.  No clear-cut, positive recommendation was forthcoming.  Why this submission to even the threat of a lawsuit by an established plunderer?

What followed from this failure to take a stand was a wholly unnecessary discussion and implementation of a system for taking minutes at functions the commissioners might decide to attend.

At the same meeting, we witnessed what is best described as an embarrassing nursery school sandbox squabble regarding a clear non-issue. The commissioners having simply neglected to dot an "i" or cross a "t," the vacancy selection process requires candidates to present their applications in person. The City Attorney, this time, actually made a recommendation — that candidates be permitted to submit applications by post or email. A motion was made to accomplish this bit of housekeeping. Has there ever been such an uncontroversial, slam-dunk issue before the Commission? I suggest not. Although the proposed corrective measure in no way had an impact on the merits of the selection process or the qualifications of the candidates, the three commissioners killed the motion. Commissioner [Suzanne] Atwell asked whether the change would “disenfranchise anybody who cannot escape to cooler weather” (when you figure out the meaning, share it with me) and declared that, going forward, email submissions should be permitted, but, inexplicably, not now. Commissioner [Paul] Caragiulo, apparently having slumbered during the discussion, asked to have the motion read to him again. Commissioner [Shannon] Snyder declared that to accomplish this bit of housekeeping would “change the process and portray the commissioners as ‘flip-floppers’.” This threesome then defeated the motion and, thus, embarrassed themselves and the city. I urge that during the remainder of their terms, Commissioners Caragiulo and Snyder serve with grace and refrain from obstructing city government. They should not leave service with a legacy as spoilers.  As for Commissioner Atwell, I suggest she shake loose from her present alliances and complete her term constructively.

Frank Brenner, Sarasota