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Special Magistrate Is Skullduggery In Walton County

Bob Hudson avatar
Beach Fanatic
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GUEST COLUMN:
Let’s eliminate skullduggery in Walton Co.
Tuesday
Posted at 5:15 AM


A special magistrate is a sham that removes public input from the decision process, and violates the spirit of the Sunshine Law.

By Suzanne Harris | Special to the Daily News


Some Walton County commissioners, and the people who pull their strings, want to replace volunteer boards with a special magistrate.

What’s the big deal? There are about a dozen boards in Walton County, each made up of about 7 to 10 volunteers. Issues such as Design Review, Zoning Adjustments and Code Enforcement depend on people who donate hours doing homework and taking part in hearings or meetings. It’s a great way to involve citizens, something that is healthy for any democracy. And it saves tax dollars. So why dump the volunteers and replace them with a paid special magistrate?

A few years ago, the county, specifically Attorney Mark Davis, didn’t like that Melanie Nipper was operating a skydiving business in North Walton. The Planning Board reviewed a complaint about Nipper’s business and decided it was perfectly legal. You’d think that would be the end of it, right? Not so much.

Davis and Planning Director Wayne Dyess decided they wanted the county to hire a lawyer to sue their own Planning Board. And since the county does not provide insurance for board members, each volunteer could be personally liable. Gus Andrews, who owns property near the Nippers, provided much of the documentation against her and appeared eager to see her business shut down. Nipper, an Army Reserve helicopter pilot, won her case in court, thanks to legal help from a local attorney at the time, now-Congressman Matt Gaetz.

Fortunately, many voters were smart enough to realize the county was trying to put her out of business, and they voted her in as a county commissioner last fall. Davis’ next move is to replace volunteer boards with a paid magistrate before his days are up. If the commissioners approve his plan, a magistrate would be paid to decide planning issues, code enforcement issues, zoning variances, etc.

Can you see where this is going? A developer wants to have the rules changed, or get a variance for a project, or do something the Code doesn’t allow. Instead of a public hearing and having a handful of citizens make a ruling, the case would be slipped under the magistrate’s door. Next thing you know, it’s a done deal, and no one knows what happened.

It gets better. The magistrate would be paid by the county. So what are the chances the magistrate would go against what the commissioners want? It’s called job security.

A special magistrate is a sham that removes public input from the decision process, and violates the spirit of the Sunshine Law.

It’s easy to point fingers at the politicians who have a self-serving agenda. But if anyone deserves fingers pointed at them, it’s the naive taxpayers who choose to ignore the skullduggery that goes on around them.

This guest column is from Suzanne Harris, a resident of Miramar Beach.

Replies

15
Kaydence avatar
Beach Fanatic
#2
View attachment 65551

GUEST COLUMN:
Let’s eliminate skullduggery in Walton Co.
Tuesday
Posted at 5:15 AM


A special magistrate is a sham that removes public input from the decision process, and violates the spirit of the Sunshine Law.

By Suzanne Harris | Special to the Daily News


Some Walton County commissioners, and the people who pull their strings, want to replace volunteer boards with a special magistrate.

What’s the big deal? There are about a dozen boards in Walton County, each made up of about 7 to 10 volunteers. Issues such as Design Review, Zoning Adjustments and Code Enforcement depend on people who donate hours doing homework and taking part in hearings or meetings. It’s a great way to involve citizens, something that is healthy for any democracy. And it saves tax dollars. So why dump the volunteers and replace them with a paid special magistrate?

A few years ago, the county, specifically Attorney Mark Davis, didn’t like that Melanie Nipper was operating a skydiving business in North Walton. The Planning Board reviewed a complaint about Nipper’s business and decided it was perfectly legal. You’d think that would be the end of it, right? Not so much.

Davis and Planning Director Wayne Dyess decided they wanted the county to hire a lawyer to sue their own Planning Board. And since the county does not provide insurance for board members, each volunteer could be personally liable. Gus Andrews, who owns property near the Nippers, provided much of the documentation against her and appeared eager to see her business shut down. Nipper, an Army Reserve helicopter pilot, won her case in court, thanks to legal help from a local attorney at the time, now-Congressman Matt Gaetz.

Fortunately, many voters were smart enough to realize the county was trying to put her out of business, and they voted her in as a county commissioner last fall. Davis’ next move is to replace volunteer boards with a paid magistrate before his days are up. If the commissioners approve his plan, a magistrate would be paid to decide planning issues, code enforcement issues, zoning variances, etc.

Can you see where this is going? A developer wants to have the rules changed, or get a variance for a project, or do something the Code doesn’t allow. Instead of a public hearing and having a handful of citizens make a ruling, the case would be slipped under the magistrate’s door. Next thing you know, it’s a done deal, and no one knows what happened.

It gets better. The magistrate would be paid by the county. So what are the chances the magistrate would go against what the commissioners want? It’s called job security.

A special magistrate is a sham that removes public input from the decision process, and violates the spirit of the Sunshine Law.

It’s easy to point fingers at the politicians who have a self-serving agenda. But if anyone deserves fingers pointed at them, it’s the naive taxpayers who choose to ignore the skullduggery that goes on around them.

This guest column is from Suzanne Harris, a resident of Miramar Beach.


Great letter Suzanne and a prime example of you calling out corrupt politicians regardless of party!

Thank you.
John G avatar
Beach Fanatic
#3
skul·dug·ger·y
ˌskəlˈdəɡ(ə)rē/
noun
noun: skullduggery
  1. underhanded or unscrupulous behavior; trickery.
    "a firm that investigates commercial skulduggery"
    synonyms: trickery, fraudulence, underhandedness, chicanery;
Jim Tucker avatar
Beach Fanatic
#4
Follow the money.
Beach Fanatic
#5
The best is yet to come!!!!!
Follow the money.
always
Bob Hudson avatar
Beach FanaticAuthor
#61
IMG_7894.jpg


Brad Drake Voted In Favor of Gutting Florida's Sunshine Law !

Tampa Bay Editorial


Here is a ray of sunshine as another grim session of the Florida Legislature winds down. Just enough House members stood for open government Tuesday to kill a serious effort to gut Florida's "Government-in-the-Sunshine Law.'' That is a rare win for transparency and accountability in Tallahassee, and voters should check the scorecard.

This direct attack on the open meetings law, HB 843, would have allowed two members of the same county commission, school board or other government panel to meet in secret and discuss the public's business. For decades, state law has required all government boards to meet in public, and the Florida Supreme Court defined meetings as two or more members of the same panel. Seems clear enough, and voters enshrined protection for open meetings in the Florida Constitution.

Yet House Speaker Richard Corcoran, R-Land O'Lakes, allowed this frontal assault on open meetings by a freshman legislator to come to the House floor in the last week of the legislative session. Rep. Byron Donalds, R-Naples, made these ridiculous arguments for allowing two city council members or county commissioners to meet in secret with no public notice and no record of what was said:

• "We all know it already happens.'' We don't know that, and if it does happen it is illegal.

• "Do you believe in maximum transparency or in maximum efficiency?'' Maximum efficiency presumably would mean no public meetings at all.

• "Not every conversation is ready for public consumption.'' So the public must be better off not knowing what their elected officials are doing on their behalf.

Rep. Ben Diamond, D-St. Petersburg, provided a textbook example for open government. He described his experience as a member of the Pinellas Suncoast Transit Authority, where public discussion about a transit referendum helped educate and prepare both supporters and opponents of the proposal.

The House voted 68-48 to eviscerate the public meetings law. Fortunately, voters amended the Florida Constitution in 2002 to require such exemptions to be approved by a two-thirds vote, so this attack was defeated. You can bet it will be back next year, and voters should be prepared.

Shame On You Rep Drake !
Sun Chaser avatar
Beach Lover
#7
No surprise. Hopefully Drake will be voted out next time. I know I will be campaigning for his opponent.

Thank you for bringing this into the SoWal Sunshine Bob.
Bob Wells avatar
Beach Fanatic
#8
Just to be clear, although it passed the House, it does appear to be dead in the Senate, correct?
John G avatar
Beach Fanatic
#9
No surprise. Hopefully Drake will be voted out next time. I know I will be campaigning for his opponent.

Thank you for bringing this into the SoWal Sunshine Bob.

Agree 110%.

He's worthless.
Bob Hudson avatar
Beach FanaticAuthor
#10
Just to be clear, although it passed the House, it does appear to be dead in the Senate, correct?

It did not pass the house. Did not meet the threshold to alter the current Sunshine Law. Changes to the current law require a 2/3 vote to pass.
Bob Wells avatar
Beach Fanatic
#11
It did not pass the house. Did not meet the threshold to alter the current Sunshine Law. Changes to the current law require a 2/3 vote to pass.
I just read the requirement for the vote. Missed it when I read it earlier. Thanks Bob
MorningGlory avatar
Beach Lover
#12
Brad Drake will NEVER get my vote again for any political office!!!:pissed:
John G avatar
Beach Fanatic
#13
It appears that he is Fake Brad Drake

“I would have thought Brad Drake, representing Walton County, would have seen the shenanigans and backroom deals that have gone on for years,” said Suzanne Harris, who successfully sued the county three times alleging public record and open meeting violations.

“Brad appears to be a legislator who favors back-room deals out of the Sunshine,” Harris said. “This is not what democracy was built on.”


Drake's support of bill draws criticism

It appears that He supports "Skullduggery" in Walton and elsewhere. Yet he says this:

“If there are governmental officials for whom it is in their nature to act in a corrupt manner and stand outside the sunshine and break the law, they should be subject to punishment,” he said.

Does that apply to Walton County Brad Drake?
Beach Fanatic
#14
Removing citizens and instituting a "special" magistrate sounds terrible - more like a "special" way for the will of the people to be squelched and "special" people to get their way.
Abby Prentiss avatar
Beach Fanatic
#15
Residents in Walton County will soon have a chance to voice their opinion, either pro or con, on whether a special magistrate is needed to mitigate Walton County issues or, if the current board already in place will suffice.

Recently, the BCC revisited the topic. Leaving some to question, why it would be necessary to bring in a single voice to replace the volunteer voices, who currently sit on the various boards.

Some say this idea is premature until the county aligns it's codes and plans. The political process changes when decisions go from being made by the elected BCC to being made by a single appointed special magistrate.

Please note, the special magistrate option will not appear on next Tuesday's agenda as expected, but will appear during an upcoming meeting, allowing time for ongoing public feedback.
Kaydence avatar
Beach Fanatic
#16
Walton County Board of County Commissioners meeting 4 p.m. on May 9 at South Walton Annex. Among items on the agenda are: interlocal agreements with Topsail Hill Preserve State Park and Grayton Beach State Park providing for seasonal waiver and reimbursement of admission fees by the Walton County Tourist Development Council; public hearing to consider ordinance to allow for the expenditure of funds for expressions of sympathy or congratulations by the county under certain circumstances.

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