The Pinellas Park code board and equestrian committee try a "questionable practice" and an illegal one.
By ANNE LINDBERG
Published March 21, 2004
PINELLAS PARK - Two city-appointed boards attempted to limit public access to their meetings last week. One panel later admitted to having conducted secret votes in the past.
The president of the First Amendment Foundation said that both actions could run counter to the state's open meetings law.
At a Code Enforcement Board meeting Thursday, a city resident asked panel members why they displayed a Bible during their proceedings.
Police ultimately were called because Randy Heine became "disruptive," Pinellas Park spokesman Tim Caddell said, but they did not remove him from the meeting.
The two officers stood at the doors while Heine objected to members' request that two applicants step out of the room while they discuss an open position on the board.
"I only asked them why they had the Bible there and they freaked out," Heine said. "They nearly had me arrested for being disruptive, for asking a question. ... I didn't do anything. ... They scared me, these people."
Neither board chairman David Kuperman nor Janet Weidner, the city employee who oversees the board, returned phone messages asking for comment.
The code board hears cases and appeals concerning violations of the city's rules.
Heine said that near the end of the meeting, the board asked if there were any questions and "I just stood up out of impulse. I said, "Why do you have that Bible there?' It was like a deer in the headlights. (I said) "I want to know if you're basing this Code Enforcement Board on the Bible,"' he said.
There was a short interchange between Heine and Kuperman. Another man, apparently assistant city attorney Chris Hammonds, ruled Heine out of order.
At one point, Heine said, Weidner left the room. Officers showed up within minutes after that, he said.
Minutes later, board members asked applicants for a position on the board to leave the room so they could discuss them in private. Although a tape of the meeting is garbled at that point, with several people speaking at once, someone can be heard saying the applicants did not have to leave the room.
Another person can be heard saying, "Yeah, but we're voting."
Heine objected, saying the meeting is public under Florida laws and folks cannot be forced to leave.
Hammonds indicated that Heine had no right to object and should take his issues to the City Council. The meeting adjourned soon after.
Barbara Petersen, president of the First Amendment Foundation in Tallahassee, said it is against the law to close meetings. However, she said, members can ask folks to leave.
"The law doesn't say they can't ask. The law says they can't force," Petersen said. "They can ask, but in asking they should also inform the candidates that our law allows them to stay if they like. I can understand why they're asking ... as long as they're not throwing the public out, the press out."
Even if boards inform applicants that they can stay, it can create an intimidating atmosphere. Some applicants may fear that staying, even if they want to, could hurt their chances.
"It's a questionable practice," Petersen said. "I'm sure it's a very common practice."
On Wednesday, the city's equestrian committee asked an applicant for a position on that board to leave while the matter was discussed and voted on.
Members decided to take a secret ballot but did not after a Times reporter protested. But members said the board has voted in secret in the past.
Secret ballots are clearly a violation of the state's open meetings law, Petersen said. If someone decided to take the issue to court, those votes could be declared null. The cure, she said, is to take a revote in public, but that does not remove the violation.
The exchange
Police were summoned to a Code Enforcement Board meeting last week after Pinellas Park resident Randy Heine asked why members had a Bible on the table. Heine later questioned their right to exclude from the meeting applicants for a position on the board. City officials said officers were called because Heine became "disruptive." Here is a transcript of Heine's exchange with board members, which came toward the end of the meeting.
Heine: "Why do you have the Holy Bible on this table?"
Board chairman David Kuperman: "Because it's resting, sitting there."
Heine: "No, no, is there a purpose? . . . What is the purpose of the Bible? Are you basing your decisions upon the Bible?"
(There was silence. Then a woman said something that cannot be heard on the tape.)
Kuperman: "I'm going to recommend that this has nothing to do with the - "
Unidentified man: "Yes, it has nothing to do - "
Heine: "It has everything to do with government."
Board attorney Jim Denhardt: "This has nothing to do - "
Kuperman: "This is not the venue."
Heine: "It's a government by and for the people and you shouldn't be promoting the Bible."
Kuperman: "We're not promoting the Bible."
Heine: "You are promoting the Bible. You're laying it up there. That's a promotion of the Christian religion."
Kuperman: "That's your opinion. Excuse me, but this is not the venue for it."
Heine: "Then why do you have it there? Why can't you remove the Bible and carry on with your work?"
(A woman says something that can't be heard.)
Assistant city attorney Chris Hammonds: "I'm going to recommend to everybody on this board that this is not the correct venue for this and if you have personal feelings on this, it should be discussed outside of these chambers."
(Board members proceeded with a discussion of applicants for the open position. But before doing so, they asked the applicants to leave the public meeting.)
Kuperman to applicants: "Would you guys, please?"
Board vice chairwoman Roberta Loe: "We want to talk about you."
Heine can be heard in the distance: "All government meetings must stay open for the public. Yes or no, this is being recorded. Yes or no, are you going to violate the Government-in-the-Sunshine rules?"
(The tape is garbled.)
Kuperman, to Heine: "If you're going to speak, you're going to have to come up to the podium."
Hammonds: "You have not been recognized by this board. You do not have a code enforcement issue with this board. That's the only thing they deal with here. If you have problems with the way the city is run, you need to speak to City Council."
Heine: "Are you going to have me removed from a public meeting?"
One man says: "Do you see anyone?"
Another says: "If you're disorderly, yes."
(Heine says something that is not clear on the tape. Members decide the applicants can stay in the room if they want even though members have requested they leave.)
