Sarasota County case also headed to the Supremes

As reported earlier, the Florida Supreme Court is currently reviewing the 4th District Court of Appeals unanimous decision in 2011 that county commission term limits are constitutional. Today, the court announced it intends to hear a related Sarasota case as well.

Although voters in 10 Florida counties have approved term limits amendments to their local charters, politicians around the state have continued to try -- almost always unsuccessfully -- to prevent enforcement. Sarasota is the lone exception. There, politicians and their cronies have used the courts to keep the voters at bay since 2006.

This situation may soon change, as the expectation is that the Supreme Court will affirm the 4th DCA decision. Michael Barfield, paralegal for Andrea Mogensen who has shepherded the Sarasota Case on behalf of voters, says Sarasota County is no longer even contesting the constitutionality of term limits and is awaiting the Supreme Court decision to put an end to the controversy.

In fact, Barfield reports that private attorney David Persson, who represents Sarasota County, would file a brief supporting the Sarasota plaintiffs of Antunes who insist on enforcement of the voter-approved term limits law.

The justices declined to officially consolidate the Sarasota Case, Antunes v. Sarasota County, with the 4th DCA case, Telli v. Broward County. But this is only due to technical reasons. The question and therefore the decision in both cases will be the same. The court had officially consolidated a Polk County case with Telli in January.

The full story and arguments can be found in Broward County's answer brief defending the 4th DCA's decision.

Oral arguments for both the Antunes and Telli cases will be heard on April 10 in Tallahassee. A decision is expected by June.

Supremes in no rush to review county term limits

As noted in a previous post, politicians and their cronies in Broward are appealing a 4th District Court of Appeals Decision that deemed county commission term limits -- approved by voters in 10 Florida charter counties -- constitutional.

The appeal to the Florida Supreme Court has been lodged, but that's about it. According to the court's public information officer Craig Waters, the court must first determine if it even has jurisdiction to hear the case.

The court is not in a rush, as neither side has asked that the case be expedited. And, Waters notes, "Generally, the court will not expedidite without a request."

This is not too surprising, as there is little need for speed. As attorney Andrea Flynn Morgensen pointed out to the Sarasota County Commission recently, the 4th DCA is the highest court in the state to have reviewed the issue of county term limits constitutionality and it rendered a clear and unanimous decision.

It would be highly unusual for the Supreme Court to overturn such a decision, and few believe it will. The Supreme Court might even find it doesn't have to take the case at all. After all, the 4th DCA decision does not conflict with any other decisions at the appeals level or higher. Currently, the 4th DCA decision applies statewide and all but one county are abiding by it.

The scofflaw is Sarasota, whose commissioners and their cronies have been litigating and otherwise scheming since 2005 to avoid enforcing voter-approved 8-year term limits.

This is the only loose end and not one the Supreme Court has to trifle with.

THE PEOPLE WIN! Judge strikes down Sarasota referendum as 'misleading'

As noted in a previous post, local lawyers showed that propsoed Sarasota County referendum language was a confused and misleading garble. Yesterday a judge agreed and struck down the ballot language for the Jan. 31 vote.

The referendum, if passed, would have replaced the voter-approved 8-year term limits in the county charter with new 12-year limits and a 12-year grandfather period for sitting commissioners.

Because of commission's tenacity over time on this issue, term limits supporters immediately feared the commission would use today's commission meeting to fix the language and proceed with the referendum. But that looks unlikely due to the last-minute change of heart by the chief beneficiary of the referendum, Commissioner Jon Thaxton, whose tenure as a commissioner is timed-out under current law.

Thaxton told the Herald-Tribune yesterday that he had second thoughts about the referendum almost from the moment the commission approved it and had been planning on making a motion today to take it off the ballot.

"I certainly will not be supporting any kind of a language change to go back," he said. "As far as I'm concerned it is a dead issue."

Presumably, this means Jon Thaxton will not be running for reelection in 2012. If so, Thaxton should get credit for his deathbed conversion.

But the real heroes here are attorney Andrea Flynn Mogensen and her paralegal Michael barfield who took on this case pro bono to see justice was done. Also, the dozen or so citizen plaintiffs of various backgrounds and political persuasions who cared enough to step forward.

Not only did they preserve Sarasota County's voter-approved term limits law, but they saved the county an estimated $120,000 to hold the special referendum.

This may noy be the last chapter in the story, as the judge did not insist that the current limits be enforced. Sarasota County has been successfully fighting enforcement of the voter-approved law since 2005. With this ruling, commissioners should drop the litigating and political maneuvers ans abide by the simple, popular law voters approved in 1998.

Sarasota commission declares war against the voters

The final battle for Sarasota term limits is here. In a 4-1 vote with Joe Barbetta (and a vocal crowd of citizens) dissenting, the commission placed a referendum on the ballot to kill once-and-for-all the 8-year term limits Sarasota voters approved overwhelmingly in 1998.

This ballot measure is the culmination of seven years of legal and political manuevers by the commission to keep from enforcing the voter-approved limits. If it passes, the amendment would officially abolish the 8-year term limits and replace them with a new 12-year limit after a 12-year waiting period for sitting commissioners. Further, the new amendment would not become enforceable unless some unspecified court specifically rules Sarasota term limits to be constitutional.

This is a last-minute Hail Mary pass by the county commission, which will spend about $120,000 to put this referendum on the Jan. 31 ballot. As the sun sets on the same day of the commission vote, citizens are already planning the campaign to defeat this shameful measure.

Details to come...

Lawyers find boobytraps in Sarasota referendum language

I was quoted a couple weeks ago in the Englewood Sun noting with approval the wording of Sarasota County's anti-term limits referendum language and the paper re-published my remarks on the eve of the Nov. 15 commission meeting to put the question on the Jan. 31 ballot. Unfortunately, my comments do not reflect my current thinking on the matter.

I was pleased -- and still am -- that the referendum question makes it clear the commission is weakening the current voter-approved term limit from eight to 12 years. In other cities and counties trying to evade term limits, the politicians deliberately hide the fact that the 8-year term limits currently exist and try to paint their anti-term limits amendment proposal as a pro-term limits proposal. Politicians have to try to trick voters in this way because voters everywhere love term limits.

But it turns out I, not a lawyer, was missing two egregious tricks hidden in the ballot language of the Sarasota referendum. Now that lawyer Andrea Flynn Mogensen and her sharp paralegal Michael Barfield have exposed this, I feel foolish to have been so misled.

Here's the draft language: "Shall Section 2.1A of the Sarasota County Charter be amended to allow County Commissioners to serve three consecutive terms, rather than two consecutive terms, currently ruled unconstitutional by the twelfth judicial circuit court, and to provide that term limits shall be applicable only to future terms rather than to current or prior terms? These term limits would be enforceable only if a court's ruling results in Sarasota County's Commissioner term limits being found constitutional."

Here's the boobytraps the lawyers found in the commission majority's ballot language:

1) The ballot language makes explicit reference to a superceded decision by the local 12th Circuit court that claimed county term limits to be unconstitutional. And yet, the Fourth District Court of Appeals in August decided -- unanimously and unambiguously -- that county term limits are indeed legal. This is the highest court to ever look at the issue and there are no contrary decisions at that level in effect. Ergo, as the lawyers point out, county term limits are constitutional statewide and the reference to the lower circuit court decision simply adds confusion to a simple issue. This is an effort to poison the well.

2) But the really nasty trick, perhaps an unprecedented one, is that the commission majority snuck in a clause that says that the new, weakened term limits do not go into effect unless an outside triggering event occurs that neither voters nor the county has any control over. So this amendment would successfully replace the existing voter-approved 8-year term limits, but would not itself become enforceable until some court in the future specifically deems Sarasota term limits legal.

This might never happen, as it is certainly unnecessary. Courts have already said county term limits statewide are constitutional; there is no reason why any court would single out Sarasota's term limits as constitutional. If the Florida Supreme Court affirms the current law as decided by the 4th DCA as expected, this would only affirm current law and is highly unlikely to mention Sarasota. Why would it?

This referendum idea is a fraud on Sarasota County voters. Commissioners should do the right thing and drop this self-serving referendum, today.

David Schwab: Sarasota's anti-term limits amendment is unethical under Florida Statutes

Community activist David Schwab asks a pertinent question in this letter he sent on Nov. 6 to Sarasota County's new ethics and compliance officer, Steve Uebelacker. Is it ethical for county commissioners to vote to try to circumvent Sarasota's voter-approved 8-year term limits on their own initiative, even though they personally are the primary beneficiaries of the move? Schwab says no. His argument is simple and seemingly unarguable. It will be interesting to see how Uebelacker responds.

Dear Mr. Uebelacker,

As you are probably aware, the Board of County Commissioners has initiated a referendum item which extends the term limits for the county commission. My question to you is how is this ethical under 112 f.s.? [See Florida Statutes, Code of Ethics for Public Officers and Employees, part III]. As public officials you are not supposed to vote upon issues which under 112.3143 would "inure to his or her special private gain or loss."

As this measure is not a citizen initiative but an initiative of those who stand to gain from it, I find it highly unethical. As members of the BOCC are currently at or exceed the term limits approved by the voters in 1998 it is unethical for them to go against the will of the people for personal gain. Term limits have been ruled constitutional by a state court of appeals which overrides the decision by the 12th curcuit. This is an attempt by members of the BOCC to gain personally by asking for a reset of term limits already found constitutional by a state court of appeals.

This fact makes the language of the amendment unethical also as it is misleading. So their voting for this referendum is unethical under Florida law as some BOCC members would no longer be able to run again as the current voter approved 1998 charter amendment stands.

This would be a special personal loss as they would be voting themselves out of a job, or gain as they would be able to run again for 3 terms with a reset. They would also gain as incumbent candidates are not likely to be challenged by their own party and gain from being in office from over a decade with name recognition and established fund-raising. These are all reasons this is unethical under 112 f.s.

Has the county BOCC recieved an opinion from Florida's Commission on Ethics prior to pushing for a referendum which clearly has the power to "inure...special private gain or loss"? The BOCC knows without this referendum Mr. Thaxton will not be able to run in 2012 unless Florida's Supreme Court overrules the 4th DCA. As that is the highest court that has ruled thus far, our term limit is constitutional as it stands.

Has the BOCC consulted you as to the ethical nature of this referendum item?

David Schwab

Sarasota County, Florida

Sarasota Republicans approve term limits resolution 97-2

NOV. 10 UPDATE -- At tonight's meeting, members of the Sarasota Republican Executive Committee resolved -- by a 97 to 2 vote -- that Sarasota County commissioners shall respect the will of the people and retain, defend and abide by the voter-initiated and approved 8-year county commission term limits. There were 5 abstentions.

The resolution was a direct challenge to the commission majority's proposal to ditch the popular 8-year limit and replace it with a new 12-year limit and a special 12-year grandfather period for current commissioners.

When the resolution was read, the floor erupted with applause and cheers. Before the vote, the draft resolution was strengthened with language specifically criticizing the commission's proposed anti-term limits amendment.

Commissioner Nora Patterson, a key player in the effort to circumvent the voter-approved term limits law, attended the meeting but left before the vote.

Citizens of all parties will have an opportunity to more directly share their feeling with commissioners at the Nov. 15 hearing on the proposal. Be there!

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SARASOTA REPUBLICANS PONDER PRO-TERM LIMITS RESOLUTION
(Originally posted 11/3/11)

Much has been made of the fact that the majority of the Sarasota County Commission -- all Republicans -- has proposed holding a referendum to give commissioners 12 additional years in office on Republican primary day, Jan. 31, 2011, when few Democrats will be voting. Clever idea, but the commissioners might not be able to count on the blind support of their own party.

According to the Sarasota Herald Tribune, a draft of a resolution has been submitted to be voted on at the Nov. 10 meeting of the Republican Executive Committee of Sarasota County. If it passes, the Sarasota REC will resolve "that Sarasota County commissioners shall respect the will of the people and retain, defend and abide by the voter-initiated and approved eight-year term limit."

Its odds are good. REC Chair Joe Gruters told the Herald-Tribune that some 90 percent of Republicans support term limits.

PROPOSED REC RESOLUTION

WHEREAS through the Sarasota county charter review process, an amendment for 8-year term limits on county commissioners was created, vetted and placed on the county ballot in 1998;

WHEREAS the voters of Sarasota county approved the charter amendment by a 68 percent vote;

WHEREAS the 8-year commission term limit was to go into effect in 2006 but was blocked by local litigation;

WHEREAS the 8-year term limit remains in the Sarasota county charter but is currently unenforced;

WHEREAS the Supreme Court of the State of Florida is expected to rule on the Constitutionality of Sarasota county commission term limits before the 2012 elections;

WHEREAS recent national, statewide and Southwest Florida polling indicates over 70 percent of voters of all political parties continue to support term limits;

THEREFORE THE REPUBLICAN PARTY OF SARASOTA COUNTY HEREBY RESOLVES that Sarasota County commissioners shall respect the will of the people and retain, defend and abide by the voter-initiated and approved 8-year term limit.

REC members are encouraged to attend the Nov. 10 meeting -- details here -- and let the county know how you stand.


(Pictured, Sarasota County REC Chair Joe Gruters)

An open letter from John C. Minder

The attempt of the majority of the Sarasota County Commission to circumvent voter-approved 8-year term limits has generated a lot of public discussion. Here's an open letter being circulated by John C. Minder of Minder & Associates Engineering Corporation addressed to the leaders of the Argus Foundation, Sarasota Chamber of Commerce, Gulf Coast Builders Exchange, Home Builders Association of Manatee and Sarasota and the Venice and Englewood Chambers of Commerce. Please keep in mind that for a local businessman to distribute such information requires some courage when you consider the power wielded by county commissioners:

Directors,

As a former member of the Gulf Coast Builders Exchange, a member of the Argus Foundation, a former member of the Sarasota County Chamber of Commerce, a member of the Home Builders Association of Manatee & Sarasota Counties, a potential member of the Venice Chamber of Commerce and a potential member of the Englewood Chamber of Commerce, I am requesting that your members vigorously oppose the proposed referendum proposed to be held on January 31, 2011, and protect my one vote as a taxpayer in Sarasota County who voted with the other 68 percent of the voters in Sarasota County in favor of eight year term limits in 1998.

The Commission should drop the referendum idea, wait for the Supreme Court and resign themselves to its decision. That is the right thing to do.

On Tuesday, October 25, 2011, the county attorney, a member of the Sarasota County Bar Association, brought up under County Attorney Reports the Board of County Commissioners previously requested legal request for him to investigate the legality of holding a referendum on January 31, 2011, to clarify the State Supreme Court’s decision, that hasn’t even been made yet, to extend the two year term limits voted in 1998 to three years and to negate the time already served by the existing County Commissioners so they can all run and attempt to be elected for another three terms!

Please see the video of the County Attorney’s Report on the morning of October 25, 2011, on the Sarasota County website. Commissioner Christine Robertson, a member of the Sarasota County Bar Association, led the discussion and made the motion to prepare an ordinance and to place the ordinance on the Agenda for a Public Hearing by the Board of County Commissioners. The motion was seconded by either Commissioner Carolyn Mason or Commissioner Nora Patterson I do not recall which one. Commissioner Jon Thaxton made no comments and Commissioner Joe Barbetta, a member of the Sarasota County Bar Association, vigorously opposed the motion and stated in so many words “The Commission should drop the referendum idea, wait for the Supreme Court and resign themselves to its decision. That is the right thing to do."

The vote was 4-1 to with the other four commissioners voting for the motion and Commissioner Joe Barbetta voting against the motion.

It is my professional opinion that this vote by the Board of County Commissions is a bad example and sends the wrong message to the county staff at a time when we are trying to put a stop to the corruption that has occurred in Sarasota County in the past.

Sincerely,

Minder & Associates Engineering Corporation
John C. Minder, PE, PSM

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John C. Minder holds a Bachelor of Science Degree in Civil Engineering from the University of Illinois in 1964 and has done graduate work in Environmental Engineering at the Illinois Institue of Technology. He is a Professional Engineer with registration in Illinois, Florida, Indiana, Ohio, Michigan, and Wisconsin. He is also a Professional Surveyor and Mapper in Illinois and Florida. With over 45 years experience, Mr. Minder has been responsible for a variety of Civil Engineering projects throughout the Midwest, Southeast and Florida.

Sarasota law firm takes term limits case on pro bono basis

The citizens finally have some legal muscle to make sure they are not steamrolled by the county commission majority trying to circumvent Sarasota's voter-approved 8-year term limits.

The Sarasota-based law firm of Andrea Flynn Mogensen, P.A., has decided to take on the Sarasota County term limits case on a pro bono basis. One of their first actions is to send an open letter to County Attorney Stephen DeMarsh, with copies to all the commissioners.

Heretofore, this blog has assumed that the county must wait for an expected Supreme Court decision to render Sarasota County term limits enforceable. However, in this letter, the lawyer argues that the 4th DCA case that affirmed the constitutionality of county term limits applies to Sarasota right now even though Sarasota is in a different appellate district. Here's the letter:

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Mr. DeMarsh,

Last week you stated to the County Commission that the decision of the Twelfth Judicial Circuit decision in Moore finding the term limit provision in the County Charter unconstitutional is binding in the Twelfth Judicial Circuit. I also believe that you read from the proposed ballot language which echoed that opinion. There was a lengthy discussion between you and Commissioner Robinson relating to the impact of the recent appellate decision in Snipes v. Telli, 67 So. 3d 415 (Fla. 4th DCA 2011), upholding term limits provision in a county charter as constitutional. Commissioner Robinson stated that the term limits provision in our Charter is not constitutional. You actually stated that the Moore decision “is the law.” For the reasons set forth below, I respectfully disagree.

As I understand it, the Snipes decision is binding on any judge in the Twelfth Judicial Circuit at the present time.

It is a well established principle of Florida law that a decision of an
appellate court is binding on a trial court in the absence of a contrary
decision by the appellate court in the trial court’s district.

See, e.g., Pardo v. State, 596 So.2d 665, 666 (Fla. 1992) (“This Court has stated that the decisions of the district courts of appeal represent the law of Florida unless and until they are overruled by this Court. Thus, in the absence of interdistrict conflict, district court decisions bind all Florida trial courts.”) (internal citation and quotation marks omitted); Brannon v. State, 850 So.2d 452, 458 (Fla. 2003) (“If there is no controlling decision by this Court or the district court having jurisdiction over the trial court on a point of law, a decision by another district court is binding.”). See also 12A Fla. Jur 2d Courts and Judges § 177 (“In the absence of interdistrict conflicts, district court decisions bind all Florida trial courts. A circuit court wheresoever situated in Florida is equally bound by a decision of a district court of appeal regardless of its appellate district. Thus, in the absence of a contrary opinion of its own district court of appeal, a circuit court is bound to follow an opinion of another district court of appeal.”).

Thus, as of today, the Snipes decision is binding on every Circuit Court Judge in the Twelfth Judicial Circuit. Any contention otherwise is grossly misleading. More important, any ballot language indicating a reliance on the Twelfth Circuit Court decision in Moore is misleading. In the event you disagree with this assessment, please inform me immediately as I am perfectly comfortable seeking an expedited judicial resolution to resolve any differences of opinion.

Law Office of Andrea Flynn Mogensen, P.A.
200 S. Washington Blvd., Suite 7
Sarasota, FL 34236

Sarasota Commissioner Barbetta: "Voters out there want term limits"

The Sarasota County Commission voted 4-1 on Tuesday, Oct. 25, to advance an anti-term limits amendment with a required public hearing on Nov. 15.

Commissioner Joe Barbetta was the sole dissenter, putting his sense of fair play above his personal interest in keeping his position forever.

Barbetta told the Englewood Sun that the charter amendment and a new 12-year grandfather period "just does not pass the test with me when 74 percent of the voters out there want term limits."

The "preferential route" is to wait for and abide by the Supreme Court ruling, he said. "Our problem would be resolved one way or the other."

He's right. If the Supreme Court rules that county commission term limits are constitutional, as expected, Sarasota's existing voter-approved 8-year term limits would be enforceable. If the Supreme Court rules otherwise, term limits will continue to go unenforced in Sarasota County. The people have already made their decision, approving the current unenforced 8-year limits by 68 percent of the vote.

Barbetta went further to say that commissioners should have defended the law aggressively in 2005. Back then, the commission -- which did not yet include Barbetta -- voted unanimously to accept without appeal a lower court ruling that term limits were unconstitutional. Subsequently, the 4th District Court of Appeals unanimously overturned the unconstitutionality claim in a Broward County case in an unambiguous decision.

Siesta Key resident Michael Figgins told the Sun that Barbetta "realizes what’s going on ... this county is in bad shape right now."

Herald-Tribune guest columnist asks county commission to abide by decision by Sarasota voters, Florida Supreme Court

The Sarasota Herald-Tribune today ran a guest columnist piece I wrote about the effort by the county commission to sabotage Sarasota's voter-approved 8-year term limits.

Here's how it begins:

"Contrary to any high-minded rhetoric clouding the issue, there is only one reason for a new referendum on Sarasota County term limits: to delay enforcement of voter-approved term limits."

And how it ends:

"The commission should drop the referendum idea, wait for the Supreme Court and resign themselves to its decision. That is the right thing to do."

For everything in between, read the full column here.

Sarasota politicians lost in "limbo" of their own creation

As four of the five Sarasota County commissioners press forward with their effort to secure a new 12-year reprieve from voter-approved term limits, they are looking for plausible fig leaves to cover their self-interested battle against their constituents.

It isn't easy.

Right now, 8-year term limits are in the charter and will become enforceable if -- as expected -- the state Supreme Court in the coming months rules such limits constitutional. But we don't know for sure which way the Supreme Court will rule. Commissioners are citing the need for a new referendum, and quick, to save them from what they call "limbo."

One justification for a new referendum is the alleged need to change Sarasota's limits from eight to 12 years to be in line with Broward County's voter-approved term limits law which was unanimously ruled constitutional by the Fourth District Court of Appeals in August. However, the 4th DCA decision does not even discuss the number of terms permitted. The point of law is whether charter, or "home rule," counties have the constitutional right to choose term limits for their commissions in the same manner in which they choose between other arrangements, such as single-member vs. at-large districts. It has nothing, absolutely nothing, to do with number of terms.

In fact, of the 10 charter counties with term limits, nine of them have 8-year limits. If any county needs to get in line, it's Broward! But then again, home rule is not about being in line with other counties; it is about customization. It is about, well, home rule.

Another justification is that it is not entirely clear -- uh oh, more limbo! -- what will happen to the one commissioner the term limits law applies to in 2012, Jon Thaxton. Thaxton has chosen (repeat: chosen) to run again in spite of the fact that it is likely that he will not be able to take office after the Supreme Court rules. This is an antisocial decision by Thaxton, as not only does it violate the popular voter-approved term limits laws, but it also makes other potential candidates reluctant to join the race. Limbo!

Of course, this confusion is only confusion that Thaxton is choosing to create. Making it worse, there are whispers that Thaxton or other commissioners might sue the voters if not permitted to hold office, even if the Supreme Court does rule term limits constitutional. County Attorney Stephen DeMarsh has explicitly mentioned this possibility.

A spokesperson for Supervisor of Elections Kathy Dent told the Englewood Sun that in her nearly 11 years as supervisor of elections, she has never been sued by anyone she declared ineligible to run for public office. But Thaxton may choose to be the first.

As a commissioner in 2005, Thaxton chose not to appeal the local judge's decision that county term limits where unconstitutional. But in 2011, he may choose to try to evade a Supreme Court decision that county commission term limits are constitutional.

Such choices expose what the majority of commissioners are really after. They are not worried about "limbo." In fact, they are more than willing to create it in order to keep their cozy positions in defiance of the voters.

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MARK YOUR CALENDAR: On Nov. 15, the commission will hold a required hearing on their plan to ditch voter-approved 8-year term limits. Be there!

Citizen Bolam defends Sarasota term limits

Consider please the contrast between the Sarasota County Commission and Kathy Bolam of Venice on the issue of voter-approved 8-year term limits.

The commissioners are using public resources on public time in order to circumvent the clearly expressed will of the public for their own personal benefit.

Bolam is volunteering her own time, distributing flyers, holding meetings, writing letters and will receive nothing in return. Why? Because it is the right thing to do.

The commission doesn't stand a chance.

Just last weekend, Bolam distributed pro-term limits flyers at the North Port flea market and Venice Expo. She held a meeting at her home Saturday evening and had a letter to the editor appear in the Sunday Herald-Tribune.

If you see Kathy, please thank her for her efforts on behalf of the community. While you're at it, ask her how you can help.

Sarasota County Commission launches counterattack against voter-approved 8-year term limits

In an earlier post, I marveled at the arrogance of the Sarasota county commission in its treatment of Sarasota’s voter-approved 8-year term limits law. But this week, the commission brought political hubris to a shocking new level.

To recap, Sarasota voters in 1998 approved 8-year term limits for their county commissioners. As these were about to go into effect, a commissioner or commissioners – via a disinterested citizen, of course – filed suit and got a local judge to knock down the law as “unconstitutional.” Then, in a clear case of putting their personal self interest above the clearly expressed will of the voters at the ballot box, the commission voted unanimously in 2005 not to defend the voter-approved law and to appeal the decision. Term limits remained in the charter, but were not enforced.

Currently, the highest Florida court that has looked at the issue says that county commission term limits are constitutional and, indeed, they are enforced everywhere else except Sarasota County.

As it is widely expected the Florida Supreme Court will uphold the Constitutionality of county commission term limits before the 2012 elections, the county commission is already planning its next counterattack. Rather than letting the voter-approved 8-year term limits go into effect, they are floating the idea of a new referendum to abolish the 8-year term limits and replace them with new 12-year term limits with a new (that is, another) grandfather period of 12 years!

Naturally, the commissioners are not citing their self-interest in floating this proposal, but instead claim they are trying to avoid “confusion” and potential litigation.

But the fact is that 8-year term limits have been passed in accordance with the law. When the Supreme Court affirms that fact, the term limits should be enforced. There is no confusion except that which the commission creates. And there is no fear of litigation if the commissioners or one of their cronies don’t sue the voters, again. So, don't.

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WHAT DO YOU THINK?

In 1998, 68 percent of Sarasota voters imposed 8-year term limits. In 2009, polling from Quinnipiac University shows that 73 percent of Southwest Florida respondents opposed weakening state legislative term limits from 8 to 12 years.

To weigh in today on whether you support the current voter-approved 8-year term limit or a new 12-year limit with a new 12-year grandfathering period, please see the poll at the top corner of this page, http://flatermlimits.blogspot.com/.

Englewood Sun tells it like it is: "Fishy"

While the Englewood Sun is no friend of Sarasota term limits, their editorial board chair Brian Gleason on Oct. 19 told the whole truth -- minus all the spin and prevarications we are hearing from the county commission -- about the commissions' proposal to replace Sarasota's existing voter-approved 8-year term limits with new 12-year limits and a new 12-year grandfathering period.

You can read the whole thing here, but here's the highlights:

"Going forward, the incumbents will have to justify an action that is
obviously self-serving.

"Is this the Jon Thaxton Preservation Act? Of course it is.

"Does this co-opt a previous referendum that passed with a 68-percent
majority? Of course it does.

"Is it right to hold a referendum during the January Republican Party
primary? Of course not. Turnout among the 87,000 registered Democrats will
be minimal, to say the least. Republicans have every reason to favor a
measure that would keep the five commissioners — all Republicans — in
office.

"Slam dunk. Win-win. Fishy, perhaps, but one sleek mackerel...If you are going to impose term 'limits,' it’s best to make them as meaningless as possible."

Wow. In a one-party county where incumbents haven't lost an election since the mid-'90s and commissioners often don't even draw opposition, the good ol' boys are apparently comfortable openly scoffing at the will of voters and the rights of the opposition party. It may be an affront to democracy and fair play, but you have to give the paper credit for its chutzpah.

Ballot language for Sarasota's anti-term limits referendum

Time is running out for the desperate Sarasota County Commissioners trying to undermine their county's voter-approved 8-year term limits law. At the request of commissioners, county attorney Stephen DeMarsh has offered sample ballot language and warns a public hearing is required on this issue on Nov. 8 or Nov. 15 in order to place the question on the Jan. 31 ballot.

Ed Scott tells the story in a Englewood Sun article here. Scott reports that in an Oct. 18 memo to commissioners DeMarsh advised that the language has to confirm with a 1982 Supreme Court decision that the public be “advised of the true meaning and ramifications of the amendment in clear and unambiguous language” and the ballot summary must “give the voter fair notice of the decision to be made and explain the effect of the amendment."

DeMarsh's sample language for the most part passes the test. Here it is:

TITLE: Extend Commissioner term limits to three terms
commencing upon referendum approval if term limits constitutional

TEXT: Shall Section 2.1A of the Sarasota County Charter be
amended to allow County Commissioners to serve three, rather than two, consecutive terms, and to provide that term limits shall be applicable only to terms commencing after January 31, 2012, rather than to terms commencing after September 1, 1998 (effective date of current term limit provision)? These term limits would be enforceable if a court’s ruling results in Sarasota County’s Commissioner term limits being found constitutional.

Note that the text makes it clear, if one reads it, that this ballot measure weakens the existing term limits and adds a 12-year delay on implementation.

The title alludes to this too, but is not 100% clear and many voters only read the title. So defenders of the current law need to inform voters that this measure does not simply impose 12-year term limits (something voters may support as they don't know Sarasota already has 8-year term limits in the charter) but instead is an self-interested attack on term limits. We should refer to it as the "anti-term limits amendment" from here on out.

If citizens are successful in educating their neighbors on this point, the people will win and the politicians will lose.

Dr. Rich: Sarasota should take positive action on behalf of voters

In this blog I have been calling for the Sarasota County Commission to give up its desperate 6-year crusade against enforcing Sarasota County's voter-approved 8-year term limits law, accept the imminent state Supreme Court affirmation of county term limits laws, and then act in accordance with the law. In other words, the county commission should resign itself to the law and the clearly expressed will of the people.

But the local businessman, blogger and radio host known as Dr. Rich suggests that is not enough. In his view, the county commission is elected to serve the people and therefore should be taking positive action to implement the people's will.

He points out that the highest court to look at the issue of county commission term limits -- the 4th District Court of appeals -- has unanimously decided such term limits are constitutional and enforceable. Hence, Dr. Rich says in a new blog post, "What the County Commission should have done is direct County Attorney DeMarsh to support the ruling of the 4th DCA and request the Florida Supreme Court to issue a quick judgement in favor of the people of Sarasota County."

He's right, of course.

Unfortunately, the commission is going the opposite direction: floating a new referendum to replace the voter-approved 8-year term limits with 12-year term limits and -- the real reason for the change -- a new 12-year grandfather period for current commissioners.

The commission is taking action all right, but it is not to serve the voters, but only themselves.

KEEP 8-YEAR TERM LIMITS bumper sticker available!

The people spoke, approving 8-year term limits for the Sarasota County commission with 68 percent of the vote.

Local politicians blocked their implementation for years, but it looks like the Florida Supreme Court is coming to voters' rescue in a few months. In response, the commission is cobbling together a new scheme to abolish the voter-approved 8-year term limits and replace them with new 12-year limits with -- can you believe it? -- a new 12-year grandfather period for current commissioners.

So, it is time for the people to speak again. One way to do it is with this tasteful, high-quality vinyl bumper sticker: KEEP 8-YEAR TERM LIMITS. This sticker is easily removable without any damage to your vehicle. And, they're free.

To get one, go here and include your contact info including mailing address and you'll find one in your mailbox promptly. Thanks.

Commissioner Jon Thaxton bucks Sarasota voters on term limits -- again!

Is it something in the water?

Arrogance of professional politicians is, of course, hardly uncommon, but Sarasota County brings it to a new level when it comes to the way county politicians have dealt with their county’s voter-approved term limits law.

In 1998, 68 percent of Sarasota voters approved a citizen initiative to limit the terms of county commissioners to eight years in office. As has occurred elsewhere, politicians brought the charter amendment to court and found a friendly local judge to shoot it down as unconstitutional. One would expect that the county would feel obligated to defend 68 percent of their voters by appealing the decision. But Commisisoner Jon Thaxton and the rest of the commission – the very body the term limits amendment applied to – voted not to appeal, citing the cost.

The cost! In a decade with surging property value and surging budgets, the big spending commissioners of Sarasota County suddenly became fiscal conservatives when faced with the prospect of having their terms limited by pesky citizens. The estimated cost of the appeal was $15,000.

Today, the charter amendment stands, but there is a footnote in the charter noting that the term limits language is not enforceable due to the court decision.

Meanwhile, in Broward County a similar story unfolded but with a far different ending. When local politicians tried to overturn the Broward County term limits law, the county went to bat for the 80 percent of voters that approved their term limits law. And guess what? The 4th District Court of Appeals in August confirmed unanimously that, yep, county term limits are indeed constitutional.

Politicians are appealing to the Supreme Court, where the term limits law is expected to be affirmed. When it is, Sarasota term limits will go into effect, finally.

So the Sarasota County commission has been busted by the 4th District Court of Appeals for their self-serving upending of all the hard work and the clear will of their citizens. But Commissioner Jon Thaxton is not done yet. He has announced he plans to run for his fourth term in spite of the voter-approved term limits amendment.

Thaxton is a poster child for term limits. There are several good reasons for term limits, but the primary one is that it mandates regular, competitive elections. As is typical, Thaxton has not faced a challenger since he first ran in 2000.

That's right, Jon Thaxton’s name has not appeared on a general election ballot for over a decade! Remember that the next time some politician pulls out the hoary old cliche "we already have term limits, they are called elections."

It is no wonder Thaxton voted against defending the people’s term limits law. He knows what all county commissioners know, that because of the advantages incumbents have, sitting commissioners rarely face serious challengers -- if they face any challengers at all. The county commissioner gig is a cozy one and he is all but guaranteed of keeping it, as long as there are no term limits.

His announcement means that other potential challengers are not entering the race or, if they are, they will not be able to raise the money they need for a competitive race. On his way out, Thaxton is throwing one more wrench into Sarasota democracy.

Isn’t it this kind of behavior that led 68 percent of Sarasota voters to approve term limits in the first place?