Wednesday, March 14, 2007

Creating A More Open TAMPOA Government

Monroe County, Key West, and TAMPOA could take a lesson from Governor Crist on the notion of open government. Florida's Sunshine Laws are often violated, and Governor Crist has determined to do something about it. One of his first acts as governor was to create an Office of Open Government to train state officials and employees about open government and public records laws and to require compliance with them. As part of the compliance process, the governor has directed State Agencies to designate someone to oversee public records requests and insure that they are responded to quickly and completely.

The apparent lack of knowledge regarding the applicability of the Sunshine Laws by some on the Monroe County Commission was recently brought to light. The side deals that have gotten made in the past in the City Commission, while not violations of the Sunshine laws, probably would not have been made had more light been shed on them. The latest example is the effort by the City Commissions to reverse course once they were sued by Last Stand. A final example is the tempest now unfolding over sealed court records in Miami-Dade. It is not enough to obey only the letter of the Sunshine Laws and the requirement for open records but they must be observed in spirit as well.

That's where TAMPOA comes in. We realize that TAMPOA is private and can thumb its nose at will at both the letter and spirit of the Sunshine Laws. But wouldn't you think that a group that is battling for public acceptance in the Key West Community would want to embrace the notion of open government within its own ranks? Wouldn't you think that the TAMPOA leadership would want to be more proactive about providing the broadest array of information to its members?

Instead, it appears that a member of TAMPOA who may not be a permanent resident of Key West has to go to some to get information that would be readily available to the average Joe dealing with the City of Key West. TAMPOA certainly has the technology to make it's government more open to its members, so it's not a case of "can't" but a case of "won't." And we don't see how, for example, TAMPOA got away with inviting the Mayor to speak to its Annual Meeting while excluding the public (and the media).

Despite its claim that the Annual Meeting had the largest turnout in a long while, the reality was that only about 88 owners showed up in person -- the rest appeared by proxy, i.e., gave their vote to someone who was already there or showed up in their place. Since there are at least 267 owners in the Annex, not counting Shipyard, it's hard to claim (at least in real terms) the Annual meeting was a crowd. But we suppose it's all relative and if 88 real owners show up in person and you've never had 88 before, then maybe you are making some attendance progress.

Think of the progress that could be made in having a more informed membership if TAMPOA would simply use it's existing technology. Many of the TAMPOA Board members already attend the Board meetings by conference call. Why not let the membership in on the call as well and let members who want to dial in?

Why not be more proactive in updating the TAMPOA website? The site still has an old newsletter from 2006 on it, and even though TAMPOA has added the two new board members to the posted list of board members, the list is still being referred to as the "2006 Board" when the two new members were elected January 29, 2007. The Board appears ready to spend money on (some think fruitless) litigation but won't spend money on improving the TAMPOA website to better communicate with members.

There are even advantages in using technology to better communicate for those few on the Board who want to keep some matters secret. There are numerous organizations, both smaller and larger than TAMPOA, that use secure and confidential web technology to communicate with their members. TAMPOA has simply chosen to remain in the dark ages as far as informing its membership is concerned. Frankly, we don't understand why. But its choice to do so is short-sighted and is hurting its members understanding of its actions.

Perhaps TAMPOA's choice will prompt some folks, including Governor Crist, to seek to include homeowners' associations like TAMPOA within the ambit of the Sunshine Laws. These associations often function as virtual governments, with the power to police, fine, tax, and spend with little oversight. They are subject to few federal or state constitutional controls and hold sway in Florida over a large number of peoples' lives. The actions of these homeowners' associations affect the cities, towns, and villages where they are located, and yet they are not accountable (in the same way the cities, towns, and villages are) to those within their often-gated walls.

The Mayor of Key West was right when he noted at the TAMPOA Annual Meeting (from which the resident citizens of the rest of Key West were largely excluded) that Key West is changing. Judging by the number of condo conversions and gated communities being planned and built in the Keys, the day may not be far off when all Key West will be is a series of gated communities governed by private homeowner associations that are not subject to the Sunshine Laws or the requirements of open government.

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