Dr. Helen Miller, a member of the Council and the weak mayor form of Government mayor prescribed in the Town Charter (See applicable parts of the Charter attached.) has taken upon herself duties and responsibilities that are not hers to make.
(6) MISUSE OF PUBLIC POSITION.—No public officer, employee of an agency, or local government attorney shall corruptly use or attempt to use his or her official position or any property or resource which may be within his or her trust, or perform his or her official duties, to secure a special privilege, benefit, or exemption for himself, herself, or others. This section shall not be construed to conflict with s. 104.31.
Delegation of authority to individual to act on behalf of the board “The Sunshine Law does not provide for any ‘government by delegation’ exception; a public body cannot escape the application of the Sunshine Law by undertaking to delegate the conduct of public business through an alter ego.” IDS Properties, Inc. v. Town of Palm Beach, 279 So. 2d 353, 359 (Fla. 4th DCA 1973), certified question answered sub nom., Town of Palm Beach v. Gradison, 296 So. 2d 473 (Fla. 1974). See also News-Press Publishing Company, Inc. v. Carlson, 410 So. 2d 546, 547-548 (Fla. 2d DCA 1982) (when public officials delegate de facto authority to act on their behalf in the formulation, preparation, and promulgation of plans on which foreseeable action will be taken by those public officials, those delegated that authority stand in the shoes of such public officials insofar as the Sunshine Law is concerned).
Dr. Miller has assumed duties not in the charter for her position as Mayor. She, partially because of her interference in the day to day operations of the town, has caused (partially) the Town manager and the town finance director to either resign or to take extended leave. Such has caused us as a town to lean more heavily on Dr. Miller to run the day to day operations of the town, an action specifically prohibited by the Town Charter. The council, at Dr. Miller’s urging, has hired on a temporary town consultant to act as Town Manager. This particular person has a checkered past with numerous run ins with the law. Like wise he has told multiple untruths concerning his background all of with the approval of Dr. Miller and the Town Council.
Dr. Miller has once forfeited her membership on the town Council for, as the charge read, overstepping her bounds of a council member. She was re-elected in the next election cycle and was voted in as Mayor by the new town Council She operates along with the consultant run the day to day operations of the town, a job description not allowed by the Charter.
She attends meetings of other officials and makes decisions and recommendations to the Council as to upcoming official actions of the town. She has become the rogue council member that got her excluded from the council about a year ago.
Said again she has no authority to make any decisions for the town as Town Mayor but she does so repeatedly and with no efforts of restraint on her part. She has violated the Town Charter, specifically, taking on most of the duties of the Town Manager since all we have is an official town “consultant” who by charter is limited to making recommendations to the town council, yet decisions are being made daily in the darkness by Miller and the Consultant.
WE by design of the people have a “Weak Mayor” form of government Dr. Miller has ignored the Charter totally making herself as the primary arbitrator of town business. She has taken upon herself duties specifically prohibited by the Town Charter. The town has operated 22 years as a weak mayor form of government. Mayor Miller has usurped authority not hers to usurp for no reason at all except, I believe, her quest for power.