February 11, 2023

Hi Everyone,

Recap:
If you recall, during the January 9, 2023 City Commissioner’s meeting, Vice Mayor Lindlau accused me of abusing my authority as a city commissioner. At the January 23, 2023 City Commissioner’s meeting I asked the Vice Mayor to explain how I had violated state law. When confronted, the vice mayor simply stated “it’s like I said the other night.” I asked the vice mayor if he would clarify his remark and he replied “it’s clear enough for me.” Vice Mayor Lindlau chose to deliver a flippant response to a serious question. He’s all for our city doing business with a planner who misrepresented important facts while providing evidence to the commission.

Despite being presented with irrefutable evidence that even he didn’t dispute, the vice mayor chose to attack my character and accuse me of breaking the law. He could have acted in the best interest of the community and chose a path that would have protected our city. No one on the commission disputed the evidence I presented. It should be noted that everyone on the commission except for me voted to approve a $20,000.00 contract with this planner despite my revelations. Why would our city commission choose to do business with a planner who provides unreliable evidence, when there are so many other options available to us? What do they hope to gain? How is this in the best interest of the city?

Click here to a video of that portion of the commission meeting.

What’s New?
To view my new podcast on this very subject, Click here.

On January 25, 2023, City Administrator Kohn Evans wrote an email to the Oak Hill City Commission requesting a vote to approve spending $2200.00 for the removal of a concrete slab on a lot the city has recently leased to the Oak Hill Community Trust for use as a community garden.  She also requested $2000.00 for a clean-up of the utility yard at city hall, and construction of material bins for storing raw materials like shell, sand and clay. The problem with this email isn’t what the money is for, the problem is that the city administrator is poling the commission outside of a properly noticed public meeting, where the public and the commission are afforded an opportunity to debate, be heard, and minutes are taken. FS 286.011 outlines the standard.

In summary, the law says that all meetings of any board or commission, at which official acts are to be taken are declared to be public meetings that are to be open to the public at all times. No resolution, rule, or formal action shall be considered binding except as taken or made at a properly noticed public meeting. This means that a vote taken by email is not valid. This in-turn means that the contract the city entered into with the equipment operator cannot be valid. This is how the action taken by the mayor, commissioners who voted, and the city administrator, has left the city vulnerable to litigation not just from the public but also the contractor. Click here to see the highlights of the state law.

I responded to the City Administrator’s email by asking that the issue be placed on the agenda of the next regularly scheduled meeting of the commission. The next email I received from her was to inform me that the commission had approved the money to be spent. In the same email she directs another city employee to schedule the work. So just like that, my objection to this improper meeting is rejected and the other four commissioners go ahead and vote.

I wrote back to our City Administrator to say that my response was not a vote and to ask why she requested the commission to vote on an issue outside of a public meeting. Her response was to say that the commission has allowed her to approve items through email so the work is not delayed. The problem with this response is that the commission cannot direct someone to do something that’s against the law. In a subsequent email I sent her objecting to the email vote I indicated that her request implied no sense of urgency. Her response was to send me an email stating, “I will bring this to the commission meeting for discussion.” She told me that knowing full well that the contract had been executed and the work completed.

Click here and you can see, the contractor has already completed the work.

When our government chooses to conduct business in a manner that’s inconsistent with State and local law it’s harmful to us all.

Please come to the February 13, 2023 City Commissioner’s Meeting, It’s at 6:00 PM at City Hall. Come voice your opposition to our city government conducting business outside of Florida’s Sunshine Laws. They were written to protect your interests.

Please let me know what I can do to help. It’s my privilege to serve you.

Joe Catigano
Oak Hill City Commissioner
Seat 3