A former Treasure Island commissioner was shocked to see the device at the mayor's side during public meetings.
By KATHY SAUNDERS
Published March 21, 2004
TREASURE ISLAND - George Makrauer traveled from his new home near Orlando to collect evidence of what he called "an outrageous intrusion on free speech."
To the right of Mayor Mary Maloof's microphone on the commission dais, the city had installed a white box with a black toggle. With a flip of the switch, Maloof could silence any speaker she deemed unruly.
Makrauer, a former commissioner and still an observer of city politics, took a photograph after Tuesday's meeting. Back in Celebration that night, he imported the image to his personal computer and highlighted the white box in a yellow oval. He also added some comment. On the bottom: "Photo taken 3/16/04 at TI Commission meeting." On the top: "Here is Mayor Mary's approach to good government communications: a KILL switch which she controls to shut down public discussion. Nice move, Mary."
Then he e-mailed the picture to "TI Friends," a group that includes current and past public officials and city board members.
At least two commissioners were unaware of the kill switch, which had been on the dais for about a month, though Maloof had never used it.
After Makrauer distributed the photo on the Internet (he also provided a copy to the Times) and, after several citizens and elected officials expressed their opposition, City Manager Chuck Coward removed the box Thursday.
The switch is portable and can be restored, Coward said, but not until commissioners agree on a policy for its use. That should be a lively discussion.
It's unclear who asked for the device, which was installed a few weeks ago after a couple of meetings that the city manager described as volatile.
"I didn't ask for it," Maloof said Friday. "But things were getting out of hand, there were people getting up and making really inappropriate comments. It's for a dire emergency when somebody really goes over the edge."
"She has never used it, and the commission has no policy for using it, so I doubt she will," Coward said. "It's purely a decision of the city commission and their rules of procedure."
Speakers at public meetings have a five-minute time limit at the podium. The city clerk gives a 30-second warning before time is up. At that point, the mayor often will ask speakers to wrap up.
Coward said that last month, before the city's recent elections, some speakers were using their speaking time as a political platform. Treasure Island police officers were asked to attend the last few meetings before the March 9 election.
Coward said city attorney Jim Denhardt advised that commissioners need to establish how or if they want to use the switch in their rules of procedure.
It will be up to the commissioners to bring it up.
Newly installed Sunset Beach Commissioner Alan Bildz said he doesn't think the kill switch is necessary.
"Just because they cut the microphone off doesn't mean they can't start yelling and ranting and raving and making a total buffoon out of themselves," Bildz said. "A kill switch is not the way to get control."
Commissioner Richard Kraus also opposes the measure. "I question whether or not it's a potential First Amendment right violation waiting to happen," Kraus said. "Having said that, if we wish to sit in front of our constituents and be complimented for doing a good job, we need to be able to take the heat from those who are in opposition to us. I do consider threats of violence a bit over the top, but public comments are just that, public comments."
City Hall watchers and frequent speakers objected to the kill switch.
Makrauer, who lost to Maloof in last year's mayoral election, said he "photographed it and thought this is the typical problem Treasure Island City Hall has created for itself the last eight years. Under the past and current administrations, (Leon Atkinson and now Maloof) say what they want to say and don't listen to what the community says it needs and wants. Complicit in this is Chuck Coward, who is a great storyteller and a very poor communicator."
"It's a blatant violation of the Constitution," said Jim Dobyns, a local political consultant and former president of Treasure Island Voters Watch.
The group's current president, Frank McConnell, said he thinks the switch can set a dangerous precedent. "If you use it, you have to be very judicious, very balanced or it's going to be a real problem," he said. "It can backfire very quickly."
"It was there as a safeguard and nothing else," Maloof said. "I don't think there was anything inappropriate about what we did. That was for a verbal malfunction instead of a costume malfunction."
Maloof said the switch probably will be discussed by commissioners later this spring when they talk about their rules of procedure.
Meanwhile, she said. "I've got both sides yelling at me for allowing the other side to speak so I know I am not stopping any conversation."
