Let’s talk about the South Hamilton Elementary School proposed lease schedule.

The 2019 Government in the Sunshine Manual says in part:

… if the authority of the public board or commission to acquire or lease property has been delegated to a single member, that member is subject to s. 286.011, F.S., and is prohibited from negotiating the acquisition or lease of the property in secret. AGO 74-294. Cf. AGO 95-06 (statutory exemption from Ch. 119, F.S., for certain records relating to the proposed purchase of real property does not authorize a city or its designee to conduct negotiations for purchase of property outside the Sunshine Law).

Spencer not only negotiated the proposed lease outside of the sunshine but he did so without Council approval. How can he be so dumb? It’s easy for him because he is dumb. To be fair no council member objected to conduct. But certainly a man who thinks he is as smart as Spencer thinks he is would certainly make sure he was conducting such negotiations according to the law.

As far as dumb goes he negotiated the fire department money letter in the darkness. There was no announcement any where in town about his and Stacy’s negotiation with the County Commission. If there were I would certainly have gone to the meeting an show what a fool he is. Here is what the Government in the Sunshine Manual has to say:

Moreover, the Attorney General’s Office has advised that a single member of a board who
has been delegated the authority to negotiate the terms of a lease on behalf of the board “is subject to the Sunshine Law and, therefore, cannot negotiate for such a lease in secret.” AGO 74-294. Accord AGO 84-54. Similarly, when an individual member of a public board, or a board member and the executive director of the board, conducts a hearing or investigatory proceeding on behalf of the entire board, the hearing or proceeding must be held in the sunshine. AGOs 75-41 and 74-84. And see AGO 10-15 (special magistrate subject to the Sunshine Law when exercising the delegated decision-making authority of the value adjustment board).

Again Spencer didn’t check the law before he went off half cocked to do the Lord’s work. Again the Town Council didn’t object and I was thrown out of the meeting prior to getting a chance to INSTRUCT Spencer on the Law. Not that he would ever listen to me because he is so intelligent that a mere citizen couldn’t possibly know more than he does.

This wholesale violation of the Government in the Sunshine Law by our elected and appointed public officials is why the town is in such bad shape.


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