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For officials, home is where the vote is

Welcome to the fish bowl, Danny Burgess.

Burgess, full-time college student and part-time Zephyrhills City Council member, finds himself under scrutiny for his chosen living arrangements.

In August, the first-term council member moved to an off-campus apartment in Tampa to be closer to his classes at the University of South Florida. His legal address remains his parents' home in the Silver Oaks subdivision.

Burgess never notified the city of his move until the City Clerk attempted to contact the council member and learned of the new address from his mother.

It would have been smarter for Burgess to consult with the city attorney before signing a lease. Instead, he looks duplicitous even if it was a case of naivete.

Burgess said he felt betrayed because city officials didn't talk to him before reviewing the matter. Again, Burgess displays his inexperience. Debate in an open, public meeting is most appropriate and prevents the temptation to avoid the Government in the Sunshine Law.

Burgess, 20, a political science major, would be wise to familiarize himself with a similar episode in the city government history. Questions of then-City Council President Jo Ellen Farnham's residence in 1990 brought a State Attorney's Office investigation after she was accused by residents of living outside the city limits when she qualified to run for office and when she voted in municipal elections.

Prosecutors said they found insufficient evidence she lived outside the city, but only announced their findings after Farnham agreed not to seek re-election.

There are no allegations that Burgess violated the law, but council members wonder about his and the city attorney's interpretation of the City Charter, which requires elected officials to maintain a primary physical residence within the city during the duration of their term in office. City Attorney Joe Poblick said Burgess meets the charter's requirements because his legal address remains his parents' home.

Council members voted to seek a state review of the city attorney's opinion. That, too, is a reach. The council pays Poblick for his legal advice and shouldn't seek affirmation elsewhere as a matter of routine.

The real decision rests with Burgess because staying on council shouldn't be assured by a technicality.

If his course work and commute are too taxing, then Burgess should consider relinquishing his elected position. After all, voters picked a home-grown product, not an out-of-towner, when they selected him in 2005.

The alternative is for Burgess to renew his commitment to the community. And spending more time each week in Tampa than in Zephyrhills is not the way to do it.

[Last modified October 11, 2006, 07:54:43]