Commissioners discuss mayor’s sole authority to sign proclamations and limits under sunshine law

Commissioners on Monday questioned whether the City of Winter Haven should adopt clearer guidelines governing proclamations after staff outlined several upcoming ceremonial recognitions.

Commissioner Dantzler asked whether there were guidelines for proclamations, noting the large number the city issues and expressing concern that issuing proclamations without criteria could create problems. A city staff member responded that ‘‘there is a statement in the charter … that basically gives the mayor the authority’’ to approve or decline proclamation requests and that requests traditionally come to the mayor for review before being presented in public session.

A second staff speaker added legal context: “Proclamations are ceremonial only in nature, and they’re not intended to be or reflect official actions of this body by the city commission. Therefore, the mayor, as the charter denotes, is vested with the ceremonial authority regarding proclamations. Proclamations are, as you all know, are signed only by the mayor. They are not voted on by you all as a body.” That speaker recommended caution about adopting detailed parameters for proclamations, saying trying to treat them as official city positions could create obligations the commission might then have to enforce.

Commissioner Dantzler and a former mayor on the dais debated options for handling disagreements about individual proclamations. The former mayor said he had previously circulated proclamations in advance to commissioners but agreed that poll-taking outside a noticed meeting could violate the Sunshine Law. One commissioner suggested an electronic vote could be a way for commissioners to register disagreement, but staff cautioned that asking staff to solicit yes/no responses by email ‘‘would be polling’’ and could run afoul of open-meeting rules. The staff member said a commissioner who objects to a proclamation can register that objection at a public meeting.

Commissioners discussed the practical consequences of proclamations, noting that when the mayor signs and reads a proclamation in public it appears to reflect the city even if some commissioners disagree. No procedural change was adopted at the meeting; staff and commissioners discussed options for advising the public and commission about how proclamations are handled in accordance with the charter and open-meeting laws.

The conversation led into the remainder of the agenda, which included proclamations, the invocation and the pledge, along with scheduled presentations and reorganization items.