Palm Bay City Council Holds Workshop on City Manager Termination: Transparency and Legal Concerns

How Sunshine Law Compliance and First Amendment Rights Shaped Palm Bay's City Council Workshop

Palm Bay, FL — On November 25, 2024, at 6:00 PM, the Palm Bay City Council convened in the Council Chambers to discuss city management following the recent dismissal of City Manager Suzanne Sherman. The meeting was broadcast live on the city's website and televised on the Space Coast Government TV channel. Council members, city leaders, and residents explored changes needed at the top of Palm Bay's administration.

1. Setting the Stage: The Backdrop of Leadership Change

The sudden, unannounced termination of City Manager Suzanne Sherman has ignited debates about transparency and governance in Palm Bay. The November 25 workshop was a key moment for the council to clarify its direction, discuss the qualities needed in a new city manager, and address community concerns.

Mayor Rob Medina opened the meeting, emphasizing the council's responsibility during this transitional phase. However, questions were raised about whether Sherman's termination adhered to Florida's Sunshine Laws, particularly regarding adequate notice and public input.

2. Public Comments: Transparency and Leadership Expectations

The council opened the floor to public comments, allowing approximately 15 residents to voice their opinions and recommendations for the new city manager. Key topics included transparency, fiscal responsibility, and the need for experienced leadership.

Chilling Effect on Free Speech

During the session, Mayor Medina intervened multiple times to limit public comments, citing off-topic remarks such as discussions on unrelated city infrastructure projects and personal grievances not on the agenda. Some residents felt their comments were directly related to the council's broader discussions on leadership and transparency, yet these points were dismissed. This contributed to the perception that the interventions were overly restrictive, raising concerns about a potential chilling effect on free speech.

The First Amendment of the U.S. Constitution guarantees the right to freedom of speech, especially in forums such as city council meetings. Courts have ruled that public meetings are considered limited public forums, where reasonable, viewpoint-neutral restrictions may apply. However, any content-based restrictions must meet strict scrutiny, as highlighted in Rosenberger v. Rector and Visitors of the University of Virginia (1995) and City of Madison Joint School District No. 8 v. Wisconsin Employment Relations Commission (1976). Mayor Medina’s interventions could potentially be viewed as viewpoint discrimination, thereby infringing on residents' First Amendment rights.

Sunshine Law Compliance Concerns

The city attorney contended that the termination of Sherman was carried out in compliance with legal requirements, but did not cite any specific statutes to support this claim. However, the manner in which the termination was handled has been questioned for potential violations of Florida's Sunshine Law, particularly regarding notice and public input.

Florida's Sunshine Law (§286.011) mandates that public meetings must be open and provide reasonable notice, generally at least 24 hours in advance. For example, the City of Miami recently provided clear notice two weeks in advance for a similar leadership change, which allowed ample time for public participation and input. In contrast, other municipalities have faced legal challenges when failing to give adequate notice, leading to decisions being invalidated.

In the case of Suzanne Sherman's termination, this significant action was not listed on the agenda at all. Council reports are meant to provide updates rather than create action items, and using this section to terminate the city manager violated the requirement for ample notice under the Sunshine Laws, which is crucial for ensuring transparency and public participation. The Florida Supreme Court, in Town of Palm Beach v. Gradison (1974), underscored that failure to provide proper notice or opportunities for public input can invalidate decisions. Additionally, Florida Statute §286.0114 strengthens public participation by requiring public input on propositions before a decision is made. By not listing Sherman’s termination as a specific agenda item, the council may have compromised the transparency required by law.

Community members, such as former commissioner Christine Judeus, expressed concerns that proper procedures had not been followed. Many residents stressed the importance of a transparent and inclusive hiring process for the next city manager, avoiding internal biases and ensuring a fresh perspective for the city.

3. Community Expectations for Future Leadership

The workshop also highlighted residents' priorities for the next city manager, focusing on key qualities needed to lead Palm Bay:

• Transparency and Accountability: Many residents emphasized the need for transparency in the council’s decision-making process and demanded that the rationale behind leadership changes be made clearer.

• Fiscal Responsibility: Residents called for a fiscally responsible city manager who would prioritize essential services and manage city funds prudently.

• Balanced Development: There were concerns about unchecked development projects affecting neighborhoods and the environment. Residents urged that new housing projects align with community needs and preserve the city’s cultural character.

4. Council's Perspective on Moving Forward

Mayor Medina and defended his actions not to terminate, while others including Councilmen Langevin and Hammer, defended their decision to terminate Sherman, stressing the need for a fresh perspective to achieve Palm Bay's ambitious growth and infrastructure goals. Councilman Langevin reiterated that the city's challenges—such as addressing infrastructure deficiencies and managing rapid growth—require decisive leadership, while Deputy Mayor Jaffe highlighted the need for performance evaluations and structured accountability.

5. What Palm Bay Needs in a New City Manager

Discussions during the workshop underscored the qualifications deemed necessary for the next city manager:

• Municipal Management Experience: The city requires a leader experienced in managing growth and strategic planning.

• Strong Ethical Background: Given past controversies involving former city officials, a strong ethical compass is crucial to restore trust.

• Financial Acumen and Community Engagement: Effective financial management and engagement with the community are high priorities, especially considering the financial implications of Sherman’s dismissal.

6. Financial Implications of Termination

The financial impact of Suzanne Sherman’s dismissal was a significant concern discussed during the meeting. Sherman's severance package and accrued leave payouts totaled over $161,000. These expenses, coupled with the cost of hiring a replacement, could place further strain on the city's budget. The council and community members emphasized the importance of a transparent and fiscally responsible process in selecting the next city manager.

7. Community Involvement in the Hiring Process

To ensure a transparent and inclusive hiring process for the next city manager, the council announced plans to hold public forums and conduct surveys to gather community input. At the November 21, 2024 meeting, the council appointed IT Director Brian Robinson as the interim city manager. However, they are currently considering replacing Robinson with another interim city manager to allow him to return to his duties as IT Director, ensuring continuity in IT operations and appointing someone with more relevant experience in city management. The next council meeting is scheduled for December 5, 2024, during which the council will continue discussions on the hiring process for a permanent city manager. Many community members expressed support for avoiding costly external recruitment firms in favor of a locally focused, community-driven selection process.

8. Conclusion: Balancing Transparency and Leadership

The workshop concluded with the council reiterating its commitment to transparency, community involvement, and open government. Mayor Medina closed the meeting by emphasizing the need for unity. "We all want the best for Palm Bay," he said, encouraging residents to remain engaged as the city navigates this transitional period.

While the mayor has the authority to maintain order during council meetings, it is vital that any restrictions on public participation be reasonable and not infringe upon First Amendment rights. Furthermore, adherence to Sunshine Law principles is crucial in maintaining public trust, particularly in decisions as significant as terminating a city manager.

The upcoming selection of a new city manager will be a defining moment for Palm Bay. With transparency, accountability, and public engagement as guiding principles, the next steps will be instrumental in shaping the future of the community.

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For more updates on Palm Bay’s city council meetings and the search for the new City Manager, keep an eye on our ongoing coverage at The Palm Bayer.