Don Standing Link where you are right now. >> Good morning. Can we ask that everyone please those committee members please take your seats? I have 11:30. Madame clerk, do we have a quorum? Yes. Thank you.
>> Thank you, Madam Clerk. I'd like to welcome everyone to our meeting, our January 22nd, 2006 2026 um charter citizen charter review committee meeting number seven. Our chair is not not able to be with us
today. She is out sick with I I think I most of us have heard whatever is going around and uh she was kind enough not to give us whatever it was by not being here today and I thank her uh for that as well. So uh I hopefully she is
watching us today. So you have before you our agenda. Uh we will start with our our consent and then we will move forward with our public comment and our general business. We have three items listed on our general business for our
consent. We have the approval of our January 2026 meeting minutes and receipt and file of written public comments. The chair will entertain a motion to accept the consent. Uh that that's a motion made by Mr. Ron. Is there Mr. Ray? Is there a second?
>> Second by Mr. Hurley. Uh is there any discussion? All those in favor of the motion will say I. I. All those opposed. Eyes have it. Thank you so much. Our consent agenda is approved. Moving on to public comment. We have three speaker cards and you're
asked if you you want to make public comment that you fill out a speaker card. And you're reminded to please give your name and address for the record and you have three minutes. Our first speaker this morning, um, Melanie, is this >> Andrade?
>> Thank you, ma'am. And >> Andrade. Thank you so much. Name and address for the record and you have three minutes. >> Good morning. Thank you, Vice Chair. My name is Melanie Andrad. My address is 3349 Argonaut Drive, 32312. I live in
District 3. Uh it's good to be here and speaking to you all again about another issue I'm passionate about. I'm again, my name is Melanie. I'm a mother of three, longtime resident and advocate here in Tallahassee Leyon County. And today I'm here as a member leader of Tallahassee
Alert, which stands for the African-American Local Election Review Team. And I'm here because I believe that the County Charter is where Lyon County sets its long-term values. And that is exactly where the restoration of communities from historic harm amendment
belongs. For decades, public policies, not accidents, shaped which neighborhoods in Lyon County thrived and which were left behind. Segregation era zoning, housing, school, health care, and infrastructure decisions
systematically denied opportunity to communities like Frenchtown, Bond, Griffin Heights, Providence, and South City. Those public decisions created a geographic concentration of disadvantage that we can still see today in higher poverty rates, lower homeownership,
higher uninsured rates, and poorer health outcomes in the same areas. Historically, discriminatory housing and lending practices also limited wealth creation in specific neighborhoods. In some parts of Lyon County, home ownership rates remain below 15% compared to more than 50% countywide.
These outcomes did not happen by chance. They are the predictable result of past public policy choices. That is why this amendment matters. The Restoration of Communities Amendment does not mandate spending and it doesn't raise taxes. What it does is create a framework that
requires the county to acknowledge and consider historic public policy harm when making major decisions. Placing this framework in the charter is important because ordinances can change, but charter language protects responsibility across political shifts. This amendment is not only about
repairing past harm, it also helps prevent future harm by requiring impacts to be considered before damage is done. And if a restoration fund is ever authorized, it does not require funding, but it simply creates a lawful place for restoration when grants, mitigation
funds, or settlements do become available. This amendment does not ask for special treatment. It asks for responsible government. I respectfully urge this committee to advance the restoration of communities from historic harm amendment for charter drafting. Thank you.
>> Thank you so much. Next, we have Miss Stephanie McMillan. You have three minutes. Please give your name and address for the record. Good morning. My name is Stephanie McMillan. I am a mother of three and I reside on the south side of Tallahassee.
For decades, public policy, not accidents, shapes which neighborhoods thrived and which ones were left behind. Those policies still affect our community today. Segregation era policies in Lyon County influence which resident where residents lived, went to
school, and received public investment. Historically marginalized neighborhoods were disproportionately affected by zoning, education, health care, and infrastructure decisions. These historic actions continue to shape present-day outcomes with these areas experiencing
higher poverty, lower home ownership, higher uninsured rates, and poorer health outcomes. Counties across the country use home rule authority to adopt restoration and accountability principles. Leyon County has the same authority. This amendment neither
mandates spending nor raises taxes. It requires consideration of historic public policy harm and major county decisions. I respectfully ask this committee to recommend the restoration of committee's amendment for inclusion in the charter. Thank you.
>> Thank you so much. Next we have Miss Serenity Williams. Please state your name and address for the record. You have three minutes. Good morning. I'm Serenity Williams. I live in 4011 Elder Lane um in Lake Jackson.
Um, I won't repeat a lot of what um other folks have said, but I'm also speaking in favor of the Restoring Communities Amendment. Um, again, uh, a lot of the disparities that we see in this county um have been policy choices
made by previous um, politicians, elected officials, and what have you. Um, and for us to be able to restore those communities and be able to be the shining light at the, you know, the top of the state, um, we should have the
this language adopted into our charter. Um, again, those neighborhoods being like Frenchtown, Bond, Griffin Heights, Providence, South City, um, a lot of those places were systemically denied opportunity through zoning, infrastructure, housing, and service
decisions. Um and now those same neighborhoods um have high poverty rates, lowest home ownership um and poor health outcomes. Um and again that pattern didn't happen by chance. It was decided on purpose um through policy. Um and that is why we need the restoring
communities amendment to be able to correct those policies. Um, existing programs done in the county demonstrate good intentions and they have done good work so far, but persistent disparities demonstrate structural failure and the charter exists precisely to correct
those failures. Um, I urge you all to um vote for this amendment to give us an opportunity to vote on this as a community um so we can move forward um together. Thank you. >> Thank you so much. Uh, is there anyone else wishing to uh have public comment?
Those are the only three cards that I had, but just want to make sure. Is anyone else wishing to speak this morning? All right. Thank you. So, we've ended our portion of our public comment. We'd like to move on to our general business. So, we have three agenda items
and you know to some that may not look like a lot, but that that's a lot for for this group to undertake. So we want to move to um staff will have a a presentation on each one of the agenda items. I would like after the staff
presentation if we could have a motion on whichever option we want to discuss and if we could have I I would say perhaps 30 minutes of discussion on each one of those items so we could stay within our time frame of two hours this morning we can complete everything and
and be out of here. So, with that said, I'd like to turn it over to Ken for agenda item number one, please. >> Thank you, Mr. Chairman. Good morning, everyone. Last month, a committee requested a comparative analysis of county charters that include a set of bill of rights.
Member Hurley provided a handout with uh some draft Bill of Rights language. At a subsequent meeting, he also provided a copy of the Miami Dade County Charter, which includes a section uh dedicated to a bill of rights. Big picture, a bill of rights expresses
your fundamental values of a community and local government, which can be codified in your charter, by ordinance, by resolution. There's really no one way to do it, but we're going to talk a little bit about it. Uh for Leyon County, our charter, first section in the charter is the preamble and and that
affirms our community's values and beliefs. It emphasizes the importance of home rule, that government decisions be made at the local level. It explicitly states county government should be reflective of the people that it should strive to achieve a more responsive and
efficient form of government and empower the people of this county to make changes to their own government. While this isn't a dedicated bill of rights, it's it does reflect again the values and beliefs of our community. It's intentionally broad so that the county
can adapt and respond to new challenges as determined by the elected officials, county commission in this case. For counties that do have a distinct bill of rights, most are adopted by ordinance or resolution. Remember, there's 67 counties, 20 charter
counties. We identified in your materials four counties that have a bill of rights in their charter, but they're done two different ways. So, four county charters, two different ways. Miami date and Broward both have sections in their charters with an extensive list uh of
bill of rights. um they're they're defined and described in great detail. Uh some of those examples are provided in the uh agenda analysis, but we give you the full narrative in attachment 2 just so you can reflect on those. Keep
in mind that anything you put in the charter cannot conflict with state or federal laws. So a lot of the rights that you see in these charters uh are what mirror what is currently today in state and federal law from access to records, right to notice for government
meetings, the right to be heard at a government meeting. Uh all things we do on a daily basis. The Orange and Penllis County Charters are a little bit different. Um they have a a much more succinct section for Bill of Rights. They provide a listing of
topics but then direct the county commission to further address these issues by ordinance. That's also intentional. Um it it recognizes that you have a lot of definition and detail uh that will need to be revised and
amended by the county commission over time as changes evolve and and and different things need to be addressed. Um both all four charters they have a lot of overlap. again talked about access to records, uh right to be heard, the the use of public property. Um these
things are items that we have defined in county policies today, county ordinances today, and we're required to meet statutory and federal laws. Um again, members, this really is just anformational item. We just want to
provide you a high level summary of of this comparative analysis. We're recommending option number one that you accept the report, but I'll turn it back over to the chair. >> Thank you, Ken. Staff is recommending option one. Um, chair recognizes Mr. Hurley.
>> Thank you all. Um, so I did just want to point out that uh staff is recommending option one on this item, the next item, and the next item, and has always recommended doing nothing. Uh, and so that's why we're uh discussing this.
I really liked uh what school board member Jones said a couple meetings ago about >> Mr. Hurley. Can we have let's have a motion so then we can have open up for discussion if you don't mind. I know you were the maker of this proposal. So you're re >> Okay. So the motion would be to uh
direct staff to prepare a charter amendment providing a bill of rights for Leyon County citizens. >> Okay. So you're recommending option two. Okay. There's a motion for option two. Is there a second for option two? >> Second. Okay. It's been motioned by Mr. Hurley, second by Dr. Strobel. Now, we
will have discussion. Uh, Mr. Hurley. >> Yeah, I thought that um, school board member Jones had a very insightful um, kind of structural framework for how we approach this work. Um he had brought up that there are uh
several proposals uh and that the Bill of Rights could be a kind of uh all-encompassing uh kind of wrapping paper around the other ones. Uh I some of the discussion that we've had is whether or not this is
binding or non-binding. Um what was staff's analysis on that issue on the other charters? Ken, you I'm sorry, Nikki or Ken. >> Miami Dade did have language that spoke
to um uh being able to seek judicial remedies. The other counties did not. But it's important to keep in mind when the rights mirror issues that are reflected in state law, you always have the state court process available uh and
the and the violations and remedies defined in state statute. uh when there's a violation. Uh so so the other three counties did not have specific remedies for the Bill of Rights, just Miami date. >> Um thank you. I I guess I more
specifically meant uh not what court remedies would be in there, but uh whether or not they had any where would you I think do you know what I'm getting at, Ken? That that there was a discussion about whether or not it was binding or not, >> right? No, because they're value statements. So they're they're not um
>> they're not things that you can remedy in a court of law. Uh unless they're violation of state statute, which in many case they are. >> That's the perfect word I was searching for value statements. Are were the other four a collection of value statements? >> Yeah. In the charter for Orange and
Penllis, they were more topics to be defined in ordinance, whereas Dade and Broward specifically detailed what the right to access means. >> Yeah. Um I I would love to hear from um some of the other committee members, but
I I think that looking at what Miami and Broward did would be a good starting place. You recognize as what are you trying to accomplish, Max, by doing this? I mean, I think a lot of the laws that's already dictated by state and the right to a judicial process, I'm pretty sure that's
dictated somewhere else. So, I don't What are you trying to accomplish? What specific bill of rights are you wanting in there that you think adds something? >> Yes. So, I'm trying to make sure that enshrined in the Lyon County Charter are things like uh people's right to peace,
privacy, and safety within their home. That people are entitled to know how their government acts in their name and to question it without fear. That people are entitled to the quiet enjoyment of Lyon County's clean air and clean water and uh other rights as expressed on this attachment.
employer, but I think >> that was the uh language included in the original uh handout I passed around. So, it's page 18 of this attachment. >> Do we have any other questions or comments? Chair recognized Mrs. Edwards.
I'm >> I'm going to follow up a little bit on the question that Mr. Smith asked and that is is there something that we're trying to fix or are we trying to create
additional rights? Uh because I'm I'm I'm wondering if if there is a record of not providing these rights such that we need to specifically state them in the charter.
>> Mr. Hurley. >> Yeah. Um y'all, I was reading our charter as part of my preparation for joining this group and I was reading the Leyon County charter and I noticed that it didn't have any statements in it about the values that we hold dear as a community.
And so it is trying to look at that, assess what values we hold dear as a community and put it in our charter similar to what Miami has done, similar to what Broward has done and to varying other uh procedural uh ways other the other two counties
have done. >> Recognize attorney Ellis. So, are you talking about having some enforcement mechanism for this like they do like they have in the Dade County Charter like it would be duplicative and there would be judicial remedies in the event
that the county was violating these. >> What what exists currently for the other provisions within the charter for that question? >> Chair recognized Miss Hatch. So, the overarching majority of the Bill of Right provisions um across all four
counties included in your item are things that are already provided for either under state or federal law or under the US or state constitution. Um, as shared by by Ken earlier, um, the only exception to that would be Miami
Dade County, uh, which includes a, uh, a right of a commission on ethics to enforce any, uh, violations of those bill of rights. Um, but that would be the one and only exception. >> The chair recognizes the county attorney.
>> I want to be careful. I don't want to spill anything else over here. Uh so I would also point out that in preparing for this meeting I also reviewed because I thought enforcement mechanism issues or questions might come up there is case
law that says that a local government cannot wave its sovereign immunity. So to the extent there is some effort to in create an enforcement mechanism uh in the county charter uh it would not be possible to do that in any way that waves the county's sovereign immunity.
that takes a Florida constitutional amendment or action of the state legislature. This body and the county do not have that authority. >> Um, hold on, hold on one second. You >> you done, madam? >> Unfinished. >> Okay. Thank you, Mr. Hurley.
>> I had a followup. Um, can you explain that? Uh, what what would that mean? How what would it mean to wave one sovereign immunity? So to create liability for the county in any actionable way otherwise
the county is protected from suit by sovereign immunity. So an example of where there's been a waiver is in section 768.28 related to tors. So if u an employee of the county commits a tort uh and is
sued, that's when it is possible to sue the county. If a judgment is obtained, there are the statutory caps for that currently in 768.28. And if uh the judgment exceeds those caps, that's when people have to go to
the legislature and request a claims bill uh or file a claims bill and seek relief from the state to pay anything above those caps. But that is an express waiver of sovereign immunity in state law. >> And I really appreciate you pointing
this out and thinking about this. Um, are we aware of other situations where this has become an issue from I know I'm asking you a pretty extensive like legal research question here, but did you see any times where there was lawsuits over I think you said maybe there was something in Miami Dade in the
past where someone tried to mention it in a lawsuit >> in the context of an ordinance. It was the city of Fort Lauderdale that adopted an ordinance saying, "Hey, if we're found to have um violated any law, we
will pay above the caps uh that are provided in state law." At the time, they were like $50,000. This case is a little bit old. Um and that was challenged. They were found to have one of their I think it was a law enforcement officer was found to have u
violated and committed a tort. um it went to court whether or not and received a judgment more than $50,000 over the statutory caps. Um and uh it was determined by the court that the county did not have the authority in that ordinance to exceed to wave its
sovereign immunity and exceed those statutory caps. So that's an example there. There's also an AG opinion that talks about it was in the context of a county charter and whether I can't remember the jurisdiction, but whether that county could wave its right to um
certain tax revenues. Uh and the court deter or the AG in that uh case again determined that no um those are provided by the Florida Constitution. Uh and in that case, the county did not have the ability to uh wave its sovereign
immunity uh and deviate from uh the tax authority that's allowed by the Florida Constitution. >> Okay. Hold on. Mr. Herd, you know, we we have to allow other people to speak. So, we we're not going to come back to you each and every time. So, Miss Attorney Ellison, do you have any other questions? Are you
>> No, thank you. Okay. Well, chair will recognize Mr. Jones. Good morning. >> Morning. >> Um, from our very first meeting, I have been very very clear about how I feel
about the charter and I have expressed frequently about what I believe is the nobility inherent in the document or what I believe should be the nobility that can be found in the document. here.
Now, with this current uh recommendation coming from staff, I think about the preamble language that we currently have for Lyon County. And I think about our own. We the people in order to form a more perfect union, establish judges, ensure domestic tranquility, provide for
the common defense, and promote the general welfare and secure the blessings of liberty for ourselves and our posterity to ordain and establish this Constitution as found in the preamble of our United States Constitution. I looked forward to some type of noble language
whether it was in constituted in the Bill of Rights or potentially here in our preamble all the alphabet soups aside cuz I brought that up at our last meeting right about again what I want or what I would hope
can be found and it may our solution may be found in the language in our preamble for the charter is that we expressly esteem our shared humanity that we protect that regardless of who
is elected, who is the administrator, we will not do harm to our neighbors and that then informs how we govern, how we spend our our policies. So if we were to esteem and in
simple language and again this goes back to the nobility of words here there for all that we have here is very very positive and affirming. All I would hope is that we would just
hold sacrosan that our choices whether we find it in the preamble or in the bill of rights and then it takes care of so many of the other issues that we talk about. If we were to merely say that we esteem
the humanity found in our neighbors or some turn of phrase I you know I I leave others to words smmith it doesn't require any co-opting of language or co-opting of polity is in fact it should be apolitical
but we believe that our neighbors have value and that we see the humanity in them and if that is captured then all the other things just seem to fall into place to me. >> Mr. Jones, I don't know anyone who's better at word smithing than you. So,
you said you said you would leave that to someone else, but I I don't know, you know, one of the best. So, but Mr. Jones, as I as I as I listen to you, are you offering a substitute motion perhaps to to option two? Uh, or are you just making comments?
>> Well, making comments, but I wasn't a motion. Option two. We're on option two right now. >> Option two is to direct staff to prepare a charter amendment providing a bill of rights for Leyon County citizens. But I
as I was listening to you, you were I I think if I you know um Oh, I'm sorry. Thank you. And all these other descriptors where the due process and all that's beyond me. I I that that's that's that's that that's where I
talk about getting into policy. We're talking about with this preamble the what we hold is our values. And that's what I want to see expressed. And that change occurs simply in our preamble. All the other stuff that's
political aside, I just want to be a an affirmation of sorts. >> Yes, sir. All right. Thank you, Mr. Jones. Mr. Chair recognizes Mr. Wilcox. >> Sorry, it's on. Good. Um, more of a process question with option two. Are we
um voting to profer Mr. Pearly's 10 uh rights to the board of county commissioners. Uh or are we asking the board of county commissioners to develop a a a set of rights? >> No. What I mean what Mr. Hurley provided
to us, if I'm not mistaken, is what he would like to see. And that this committee then votes or in favor of that, it would then go before the board of county commissioners to vote it up or down to put it on the ballot. Okay. Well, I is that correct, counselor? Is
that correct? >> Um, >> yes. Okay. >> What I'd really like to do is be able to talk about this in a way where we had more time and that we were able to read one sentence at a time and go
>> early. If you would just answer that question right now. We can come back to that though. But >> in a word, uh, no. >> Okay. All right. Thank you, Mr. Wilcox. So, so to clarify, we're we're we're not talking about offering up these 10 specifically. We're offer talking about a broader discussion of developing those
as a committee. >> Yeah. >> Okay. >> That All right. >> The chair recognizes Mr. Davis. So, hold on. So, what I'm trying to do is is at least recognize those who have not spoken first before we go back to those
who've already spoken. I know you want to say, Mr. Hley, that I'm ignoring your sign, but I am not. But I want to allow those who have not spoken to speak before we go back to you, Mr. Hurley. Mr. Davis, >> can we get a restatement of the actual motion?
>> Yes. Option two, to direct staff to prepare a charter a minute amendment providing a bill of rights for Leyon County citizens. >> Okay. I would like to make a a friendly amendment to the motion. uh
in that amendment would be to to add to that uh to bring back something that reflects the rights enumerated or listed in the Broward and Miami uh Dade charters for us then to move from that
towards what we want. >> I'm confused now. So you wanting us to identify what they have is what you're saying >> for them to bring something back that reflects the the specific rights that are listed out in those in those that are already laid out and then we can adjust that as we need as a committee
once that once that amendment or once that item comes back. >> Okay. Now I know we have what two or three more meetings. I don't know if we'll have enough time to do all of in two more meetings but just taking that into consideration. Um but um would you accept that friendly amendment, Mr.
Eler? >> Yes, I I would so long as uh we we're not closing our options at that point. We're keeping it I I think if the intent was to keep it as broad as possible so that we didn't facilitate a compensation and >> right if directly to that this will give
us the ability to to have a framework that's already been voted by citizens in other areas of the state. Something that's already laid out. I think most of the things that are laid out in those most of the people in this room would not have an issue with those uh being laid out in our charter. Um and we can
either adjust those towards what Mr. Hurley has or we can not move forward with it as a committee, but then we'll at least have an actual framework of the wording that we want uh to move from. >> Okay. I It's a friendly amendment. >> Okay. >> And
hold on, Mr. Charles. >> All right. Does anybody else who has not spoken? Uh, chair recognizes Mrs. Favish. >> Is uh I'm directing this to Ken or uh Miss Chastity. Is there anything in the two um documents that have been referred
to that would impact sovereign immunity in any negative way or any way that we don't understand at this point? Bad of County Attorney >> in terms of what's listed in the exhibit that Mr. Hurley provided
>> at least that. Yes. >> Um well, if you look at Sorry, let me get there. >> Page 18. >> I think it's number 10.
>> What? Hurley suggested makes converts it to something that's a value statement to something that is potentially actionable and that's where it becomes problematic. >> So that that one item would be problematic
>> potentially. Again, I'm trying to get to the specific language. >> I'm looking for what Mr. Hurley's what Mr. Yeah, that's it. It's page 18. >> Yeah, >> page 18. >> Can we come back to that and let's let's move to Mr. Chair recognizes Mr. Murray
for your questions, comments. >> Thank you, Mr. Chair. Uh, yeah, just to go back to that statement. You know, you go to page 14 of this and it talks about the Miami Dade County. Um, and the last, you know, two sentences, as Miss Chasty pointed out, give me great pause. Um, I
don't think we should be acting in a way that this create judicial remedies for a violation of the Bill of Rights. If we're looking at this as value statements and guiding principles, that's one thing. But if it's actually going to create judicial waterfall in the way of people can take this to the court and argue
about it and create more court cases. I think that's a pretty big issue. >> So, county attorney, >> sorry, found the page. So, um, number 10 in Mr. Hurley's handout says, >> "Tell us what page you're on." So, they could >> Yes. Uh, it's attachment one, page one
of the agenda item says, "These rights belong to all who dwell within Leyon County, and no law or ordinance shall be construed to abridge them." So, first of all, again, nothing in our charter can preempt or conflict with anything that's
in federal or state law. So we could not put that language in there that no law uh can uh abridge can be construed to abridge those rights. Uh and further again uh an ordinance uh is local law.
But again to the extent the county cannot wave its sovereign immunity and someone tries to sue under this charter provision, I do not believe that is something that is actionable in a court of law under existing case law. And the only people that would be bound or the only entity that would be bound by this
charter amendment uh is the county, not the city, uh not other constitutional officers, not anybody but the county because we don't have jurisdiction to impose any of these rights on other constitutional officers or the city.
>> Okay. Now, Mr. Turley, I see your sign up and I see attorney uh Edwards. So, if if there are no other comments, I'd like to go to uh Attorney Edwards and then I'll let you close out, Mr. Hurley. But I I I want to ask first before I get to Attorney Edwards, is there anybody else
that wants to speak on this issue? So, we will have Attorney Edwards, and then we'll let you close out uh with your comments, Mr. Hurley, and then we'll bring this in for a vote. Thank you. >> I just have a question. It's probably more for the county attorney. If there is a language change to the preamble,
does that have the same legal effect as adding the additional bill of rights? For example, if as um committee member Jones stated, we are stating here are our values.
Does that is is that I guess does that legally bound uh legally bind the county and make it subject to legal action in the same way that adding this whole other uh section on Bill of Rights
>> as it depends on on the language. I mean it really doesn't matter where you put it in the charter. It's the intent and what the language actually says, kind of like words matter. Um, so if it's very clear that these are value statements,
then those are not enforceable whether they're in the preamble or in a separate bill of rights. Um, if there's something in there that is unclear, that's potentially a problem because that invites some sort of a legal action to
uh attempt to uh construe the language as creating a right, a new right, a different right that didn't previously exist. Uh, so I would say that it's just it's more important what the words actually say and that they be clear
about the intent than than the location in the charter itself. >> Thank you. >> Okay. Any further comments? Attorney Edwards, that's all. >> I think that's it. Thank you. >> All right, Mr. Hurley. >> Thank you.
I don't want to get too lost in legal land on this, y'all. Uh, I would like to do whatever we can do to enshrine these values into the hearts and minds and uh, charter of our
community. And uh, I would like to navigate this in whatever way ends up with a ballot amendment that we can all agree to. and I look to what has worked in Broward and Miami in doing that, but I'm completely open-minded to any other approaches. The thing I wanted to remind
you all of is that over the summer, uh, no matter what you think of the national administration, our country is going to be embarking on America 250. And that's going to touch uh all parts of our community and
historic sites and it's going to start civic conversations um, some positive and some negative. And I ask you all who sit around on this charter review committee, do you want Lyon County to be part of that conversation? Do you want us to have a mechanism to have civic
pride to talk about our shared values as a community? And if so, I ask that you allow this amendment to continue being worked on and that we bring this back at another item uh to have staff look at not only what's been presented here um
but also reflecting um committee member Davis's suggestion that we also look at the Miami and Broward language and we allow staff to come up with some kind of options for us to consider for uh further. Thank you. >> Thank you, Mr. Turley. Now, I know there
must be a a reason why staff recommended option one and one of the best closers that I know I'd recognize the the best county administrator as my uh commissioner says on planet earth uh our county administrator, >> Mr. Long true setup.
>> Uh thank you, Mr. Chairman. Uh yeah, ju should the motion pass to um you know of course you know and try to be very respectful of the given you get given you all the ample time to to chew on all of these things. Um should the uh
motion pass obviously we'll come back with with a bill of rights and then you guys will have that discussion and that sort of thing and you probably won't hear you know me weigh in or staff weigh in at that point. Um, but I think again the reason that we there just a couple
things to keep in mind. The reason that we um sort of uh illuminated the preamble here, we we haven't spent a lot of time talking about the preamble, but the reason we illuminated the preamble here now uh is to to obviously demonstrate
that this is where a lot of your values statement type of language resides in most charters that don't drill further down and start talking about very very, you know, specific things. And so when we talk about that again and then we further break it down here if I
can. We talk about we we hold up the governmental decisions affecting local interest should be made locally. So we underscore home rule and those issues and we talk about uh that we should serve uh the people of the county and that and that the government should be reflective of the people we serve and
certainly that speaks to equity issues and and and those sorts of things. we talk about more responsiveness and responsiveness and efficiency and that sort of thing and of course the ability of the people to to make changes in their government. Now again if this language too needs to if there's if there's additional language sort of like
what what u what Mr. Jones was talking about that would further articulate some of the aspirational language that that the committee would like to see. Certainly, that's that's all fair and on the table. That this this preamble is where that type of thing generally resides unless you want to go down and
again further sort of start um adding additional that would be found in a bill of rights, which certainly the the committee could do. One thing I would just ask you to think about a little bit as you're thinking about these sort of things, just sort of pull back a little bit. There's value statements and then
there's what you actually do. Um, as I like to say in our organization that um that um core practices eat core values for breakfast every morning, you know, and so we went a little further in this item to talk about our core practices in the
county. These are adopted by the board and this is on page five what we actually do at the county every day. Um and certainly you'll see a lot of language there on page five. And then you'll see um which is also included and adopted uh by the board
language that says what we believe in. And I just want to take a quick point to say the first bullet there says and you don't see this um in in many places that that goes sort of this far but um language that says demonstrating to our
citizens that we are on their side. uh letting them know that they are the reason we exist and what they're getting for their tax dollars. And then it goes further to address some of these other more specific things. I just wanted to point out to you there that again um
there are there are core values and there are articulations of core values. I'm told that Vladimir Putin has a very beautifully framed uh set of core values uh his in his office and then there's what you actually do. Uh and so I want to just point that out. Uh again, food
for thought for the committee and happy to answer any questions you might have. >> Thank you, Mr. County Administrator. So, we have option two with the friendly amendment. And Mr. Davis, uh I'm going to ask that you restate that. I mean, I know you know what it is because I didn't write it down. So, if you restate
that so we will know what we're about to uh uh vote on, please. >> Well, chair, I I've had three sips of coffee since uh since then. So, I'll do my best to do a little bit better job. Um the the friendly amendment would be for the county to bring back something that
reflects the specific uh rights enumerated or listed in the in the Broward and Miami Dade charters. I understand that very well stated by a committee member that there are certain
areas of those that we don't really need. I think the first 10 most of us could definitely get behind in some way, shape or form. But I feel that that particular uh uh something that worked from that framework rather than what Mr. Hurley's already presented to us would
give us a better framework to work from. We could scratch the areas that we don't want to go into. >> All of that is a part of your motion, Mr. D. >> Point well made and taken. Chair >> I just I just want to make sure I I I'll state it one more time.
>> Okay. Thank you. for the staff to bring back a uh sample list of uh rights that reflect the rights listed in the other two examples given.
>> Period. >> Period. >> Okay. All right. Thank you. All right. Uh we ask that the clerk will call the role >> or Nick, I'm sorry, Nikki, Miss Hatch, please call the RO. >> Joey Davis. >> Yes. Linda Bon Edwards,
>> no. >> Liz Ellis, >> no. >> Anita Favors. >> Max Hurley, >> yes. >> Daryl Jones, Slayton Murray, >> no. >> Sean Pitman.
>> Oh, sorry. Uh, out of the room. Uh, Ryan Ray, also out. Okay. Uh, Shamario Robersonson. >> No. William Smith, >> no. >> Bruce Stubble, >> yes. >> Jared Terry,
>> no. >> Katrina Tugerson, I'mma pause for a second. So, and if I may, can I ask um Chair Member Jones, is this not similar to what we
>> Yeah, we now is not the time for discussion. You should have listed an unreadiness, but right now we need to vote if you don't mind. >> Well, >> it's either yes, in favor of the motion and the friendly amendment stated or no, you do not. You're not in favor of it.
I'm sorry. >> Okay. Well, I'm not going to vote at all. >> Okay. I don't know. Do we have an a mechanism to abstain? >> I just wanted clarity. So, um I understood what everything was saying. I just had um something just popped in my mind. So without the clarity I don't
want to vote. >> Do we have a mechanism for abstensions madam county attorney? >> She has a conflict. >> Okay. >> Perception of a conflict then she doesn't have to vote. Otherwise member is required. >> Will you will you speak into your microphone please? So we can all hear you.
>> If there is a conflict you can state on the record or a perception of a conflict that you want to state for not voting then you don't have to vote. Otherwise there is a requirement to vote. >> Okay. Yes. >> Barry Wilcox.
>> No, >> Vice Chair Haynes. >> No, >> Madame Clerk. >> There are five yays and uh nine nays. >> Thank you so much. >> The motion fails. >> Motion fails. Moving on to agenda item
number two. >> I'm sorry. Oh, I'm sorry. Yes. The chair recognized Mr. Jones. I'm sorry. Go. >> My my motion would just be that we would refer the preamble back to staff that
would then ultimately achieve what I have described is that we would incorporate that our government would esteem the humanity found in all all persons in our community. Is that the same substitute motion that I was trying
to get you to offer earlier that you know when you made your original comments should be today? Is there a second for Mr. Jones? Motion. >> I'll second the second by attorney Edwards. Is there any discussion? >> Yes. That the we would send the preamble
of our charter back to staff to come back with language that esteems the humanity found in all human of all of our neighbors. which would provide them the opportunity to provide the language that
is best. I I I don't want to go above any legal implications of my commentary. I just want us as a community when we govern we govern with the thoughts of our hum of our neighbors and their humanity. Let me give you a perfect
example of what I'm talking about. There are communities in our country who lay out nail beds in places where homeless people sleep and have the right to do so. If we as a
community say we esteem the humanity found in all people, then we don't make those types of decisions regardless of who sits in office, whatever policy we have, that we respect the humanity found in all of our neighbors. That's what I'm hoping. That's the lofty notion that I
would hope would be achieved in our preamble. Much no different than the preamble found in our constitution. >> Motion by Mr. Jones, second by attorney Linda Montage. Chair recognizes Mr. Wilcox. C. >> Can I ask staff is is amending the preamble the same process as amending
the actual charter amendments? It is. Okay. Thank you. >> Chair recognized Miss Tillerson. >> Thank you. Talk chair. So with the the um that is what I wanted to point out because I think it got diluted when Mr.
um chair member Herl Max kept asking different questions and making it go that different direction. Thank you um Jones for clearing that up and that's what I wanted to clarify. >> Okay. Chair recognized Mr. Smith. Is there any I just maybe for the at for
attorney is there any legal we don't have any legal precedent for that what you put in the preamble do you I mean there's no legal authority I guess is the better word county attorney >> no again these are value statements that would not be actionable uh were they to be included in the
preamble it would be very clear from any language that staff proposes that that they are value statements only and are not creating a cause of action and are not enforcable Uh we wouldn't we wouldn't anything we'd bring back we made that very clear.
>> All right you're recognizable Mr. Hurley. >> Thank you. Um I appreciate y'all's patience with this. Um I know this is not simple uh to write Leon County's bill of rights and the preamble here. Um I do want to remind us all that uh this
is the only remaining really vehicle for uh any sort of change and if we close the door on this then we're not really going to have anything. If anyone has any bright ideas, a couple months from now, we're not going to be able to add anything to an affordable housing amendment or a food sustainability amendment. Um, and uh I was speaking
with a county commissioner yesterday and uh I was talking to them about how they were complimenting the work of this group and uh this is our sixth meeting. >> Seventh, >> seventh. So, uh, we will have been here
around this table for 14 hours in total so far. And, uh, we've done a lot of great work. I want to make sure that the language that we put in front of people, including the county commission, is as, uh, thoroughly vetted as possible and
that we get to get community feedback as diverse as possible. And uh I'm wondering if there is an interest from this group in as part of this process between today and August when we submit formally this language to the Lyon
County Commission um to do community sharetses on this language and also the language of the uh other amendments. I understand this is complicated because we're sort of playing pingpong right now between the Leyon County Commission and
the Charter Review. And that's why I intend to ask the county commission themselves to also talk about this at the meeting on the 27th and I anticipate that they will. Um I don't know that we need to make a motion per se, but I just wanted to ask you all to to think about
that and as we think about our expectations over the next 6 months here. >> We're not going to entertain any motions on sharets, but right now the motion that we have before us is dealing with agenda item number one and the motion given by Mr. Jones and seconded by
attorney uh Edwards. So um now now is the time if we need any clarity before we vote. Uh Miss Tuberson, not to be rude, but we don't stop in the middle. You know, I'm just want to make sure. Does anybody else have any other questions? So before we begin voting, uh any other questions? All right, Miss
Hatchwell on on Mr. Jones. Mr. Jones, will you state again for the record? Will you state your motion so we know what we're voting on, please? as the staff would be directed to is that >> that staff would be directed
to uh bring back an edit to the preamble that esteems the humanity of our neighbors. >> All right, Miss Hatford, you call the role. >> Joey Davis, >> yes. >> Linda Edwards, >> yes. >> Liz Ellis, >> yes.
>> Anita Favorvers, >> yes. >> Max Hurley, >> yes. Daryl Jones, >> yes. >> Sllayton Murray, >> yes. >> Ryan Ray, >> yes. >> Shamaro Robersonson,
>> yes. >> William Smith. >> Sure. >> Uh, Bruce Rubble, >> yes. >> Jared Terry, >> yes. >> Patrina Tugerson, >> yes. >> Barry Wilcox,
>> obviously. Yes. Vice Chair Haynes. >> Yes. >> Uh the motion passes unanimously with >> 15 days. Thank you. >> Thank you so much. Now we can move to agenda item two. Uh if we can, as we as
I stated earlier, if we can spend about 30 minutes on this and so we can get out in a timely manner, we'd like to hand it over to I'm not sure it's going to be Shinkton or Abby or both. So, uh, Shington, please. >> Uh, thank you, Mr. Chair. Good afternoon, members. As requested by the
committee, this item provides information on the county's ongoing efforts to address poverty and inequities as we consider amending the county charter to include language that would provide exclusive or priority resources and services to communities that have
experienced past and historic racial discrimination or harmful public policy. The specific proposal is attached and thoroughly analyzed in the item to demonstrate the actions, the policies, programs, and investments already made
by the county that align with the proposal. This includes more than $34 million in human services and other essential programs to improve the lives of residents and high poverty neighbor neighborhoods in just the past 5 years.
At the same time, more than $300 million in infrastructure investments such as road improvements, sidewalks, and sewer services that have or are being made in those same neighborhoods are included in this item.
We go to great length in the item to explain the empirical data like the US census that we utilize to identify, engage and invest in poverty and inequity in the community and not based
on simply race data. And it's because of the empirical data we in partnership with the city and other community stakeholders are tackling poverty and inequities in the Bond community, Frenchtown, Griffin Heights, and Southside
neighborhoods, just to name a few. In fact, approximately 75% of the residents served by the human service agencies through the county and city's CHSP program live in these neighborhoods and are receiving things like um are have
access to feeding programs, housing programs, healthcare programs. We recognize that there is a parallel between those neighborhoods we're investing in and the communities that have experienced racial discrimination and inequities. They have the highest
percentage of minorities compared to other neighborhoods here in Tallahassee Leon County. But the most important thing you need to know, members, is that all the policies, the programs and investments that we're
doing are in accordance with state and federal laws because we use empirical data to respond to the need that doesn't take into solely consideration issues of historical racial discrimination um or just race.
The only exception is our MWSB program which we operate in partnership with the city. It's one of the very very very few narrowly defined race and genderbased program established to enhance procurement opportunities with the
county for small businesses and it is currently legally sound. But as we present in this item as well as the subsequent item, even that program is in jeopardy. As you as many of you know and have been
reported in our local media as recently as yesterday, there are ongoing state and federal efforts to prohibit local governments from adopting, implementing, and implementing policies and programs that address historical racial um disenfranch
disenfranchise disenfranchisements or um diversity, equity, and inclusion or DEI. bills have been filed this in this legislative session that define DEI, set terms for removing elected officials
that adopt DEI related policies and programs, and authorizes citizens to sue counties and cities that adopt DEI policies and programs. And that's just in the state of Florida. At the federal level, residential executive orders have
rescended longstanding federal contractor requirements related to race and gender-based employment and contracting practices. And most importantly for us, federal agencies have begun, including language and grant contracts that
require recipients to certify that they do not quote operate any programs that advance or promote DEI or discriminatory equity ideology. That's what led Palm Beach County Commission to hold a emergency meeting
last year to resend its NWSB program to so it can ensure that it did not that it did not lose millions of federal dollars. Many of you may know last month the county was awarded $16.8 million in grant funding from the United States Department of Transportation for
improvements to North Monroe Street. We're currently coordinating now with the agency on the grant contract on the development of that grant contract and which may impose similar provisions that prohibit DI related policies and
programs. As a result, the adoption of the proposal into the county chart chart charter would jeopardize those funds. Therefore, we're not recommending further consideration by the committee. Instead, we include an alternative
option for the committee to provide a policy recommendation to the board that encourages the approach that we've been utilizing and the way that we've investing and that we've paid attention to these communities and the continued commitment of the county to reducing poverty and inequities in the in the
community. And with that, I'm happy to answer any questions, Mr. Chair. >> Thank you, Mr. Lambie. Um members, we've heard uh the presentation by staff for agenda item two. Um you have three options listed before you. The chair
will entertain a motion for an option. >> Dr. Stoall, >> uh I'm going to option for committee direction. Okay. >> Uh where we will give alternative option being that there was no option listed here interestingly. Um, well, we're uh I would suggest a motion that we move and
direct staff to prepare draft language for amending the Leyon County Charter to establish a new article requiring the county to assess and address persistent community disparities resulting from historic public policies. And I can answer more questions about that and why it would violate any of the set laws and
we could talk that out with the attorney as well. >> All right, let me let me just address one thing. This is probably the second comment that I've heard about something about a staff recommendation and then not being in a good mood. But let me share with you a sign that's on the outside of the county commission
chambers. All are welcome here. We want to have a pledge of civility. We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. Politeness costs so little by Abraham
Lincoln. So, I mean, our staff who works so very hard provides us with recommendations. I mean, we don't have to like those recommendations. If we don't, Dr. Strub just recommended option number four. And that's what that's what we should do instead of making uh option
three, I'm sorry. Instead of making little snippet comments about what we're being provided or what have you, let's just be, you know, with all civility to everyone here. Okay. Can we do that? And we've heard his option. Is there there a second by Mr. Hurley. Uh, is there
discussion? >> Okay, we we recognize you, Dr. Strobble, since it's your motion. Okay. I I just wanted to clarify that um the motion itself that what we're requesting is not uh where it's not necessarily in the traditional sense of DEI and that is
because of recognizing the federal situation and what's going on in the state. So what we're saying is to look at historic public policy from Lyon County itself and how those policies have harmed communities and then look for ways to rectify. So it's identifying
problems that were caused through historic public policy uh things that were done intentionally as we heard from our speakers earlier. They had outcomes. They have long-standing consequences and it is we're arguing it's the county's responsibility therefore to address those. And I don't believe and I'll ask the madam attorney if there is any
statute or federal or state law that prevents a county or any municipality from rectifying historic um the wrongdoings or historic wrongdoings in public policy. >> Madam County attorney, >> are you talking about uh historic wrongdoings based on race or gender? >> Historic wrongdoings. If there was a
public policy, for example, that allowed convict leasing, if there was a public policy that allowed um to gentrification, if if something happened and the county recognizes that it did wrong and it already apologized for said behavior, would it be something that precludes them from taking action?
>> I'm going to ask the question again. Are are you trying to address historical wrongs based on race? Cuz if so, then that's problematic. Race could be a factor in this, but it would the primary factor would be that it was historic polic public policy that
impacted a particular community or or neighborhood. And >> how would those be identified? >> That is what we will be asking uh for the county to do to identify and then address. >> Uh and if it turns out that that's based on race, that's a problem. >> So if the county did something that
harmed a particular racer, the pro there would be a problem in rectifying that >> potentially. And the reason is again as Shington summarized earlier under federal executive order now and it's currently
in federal rulemaking to make it formal for agencies. They are tying the receipt of federal dollars to uh certifications that people do not have race-based or
DEI based policies. Period. uh on and the potential problem with certifying that when it's not true is uh prosecution under false claims act which has criminal penalties associated with it. So at the federal level potentially
it's a do you want federal money for projects or don't you? And that's a choice. You don't have to take federal money. Nobody does. But if you want the money you have to be able to certify otherwise you could be committing a crime. Now, under state law currently,
it's not a problem, but there's nothing preventing the state from including language and appropriations bills that are similar to what's currently in federal executive orders for contractors. There are currently bills
pending that would completely prohibit programs, policies, anything that uh is defined as diversity, equity, and inclusion. And even if it currently exists, it voids it. So,
I mean, I I don't know what else to tell you, but the writing is on the wall that these sorts of activities based on race or gender and things of that nature are problematic legally. >> And I'm glad you clarified that. And I think again, that's why it's important to note that there's no race declaration
or race um inclusive language in this. It's neutral and it says based off the impacts of the policy. So if you were to find that there were any group of people irregardless of race impacted by said policies, then they will then become the target of the county's remediation strategy. So that is what this um
proposed article will offer and that's why I'm still suggesting that we move forward with it. >> All right, Mr. Murray, did I see your card up? M chair recognize Mr. Murray. >> Thank you, Mr. Chair. I'm going to let more discussion go on before I circle back. All right. Chair recognizes Attorney Edwards. >> Um thank you, Mr. Chair.
I'm looking at the analysis that the staff put together more specifically on page 36 and there is a there's a sentence in that paragraph that's next to the bottom and it says it is important to note that the board of county commissioners did
not have a policymaking role in many of these historic inequities such as segregation of schools, land use decisions within city limits, lending decisions by private institutions or operational control of law enforcement
actions. And so, and it goes on to to state some things that the county has done to address inequities when they have been noted. And so, my my my question is by inserting language into the charter, are
we going to really address the issues that have been raised? And and I'm not suggesting that the issues aren't issues. that that's not my point. But my my question is, is this really the way to address the inequities that have been
identified? Because one of the things that I that I heard Mr. Lambie talk about were the actions that the county had taken up to this point. The amount of money that that had been invested and and and the
statement that sticks with me that he said was they were at a meeting in a community next door and and a person who lives next door to where the resources are didn't even know the resource was available. And so I I I guess my concern
is is there a lack of resources or is there a lack of knowledge of the access to those resources? So again, are we inserting language that eight years from
now we'll come up we'll come back and discuss again. Okay. Um chair recognizes I don't I don't know who was first, but what I'm going to do is just go around the room if you don't mind. chair recognizes uh Miss Tugerson.
>> Thank you, U Chair. So, um echoing right with Attorney Edward. So, um I've had to I've I reviewed this um county agenda couple of times and that's
because the Capitol City Chamber um has always partnered with the county on on addressing poverty and racial inequity and I thank them for that. um all the way down to us bringing dollars into the community, not just out of the county's
budget, but also from um philanthropic arms that has committed to this cause. Um with that being said, we were when the DEI and all of the stuff the um like attorney Austin said, the writing is on the wall. So the question would be how
do we continue to do what we're doing? um and also um be in alignment with what's going on and also to keep the MWSBE office um is still available and working right now. But are we making sure
um that as we move forward cuz things are changing every day. Are we also looking at being realistic and addressing um what the positions, their titles, everything? Um it needs to be um
almost I hate to say it but sanitized. Um and the reason then if if I see that the county provided the document that we just did what I say a year ago. Um we did this a year ago when we got this grant with the county. The Capital City
Chamber got this grant with the county and it's addressing Lyon County's financial empowerment blueprint. It was a whole different title. It included the words um um something relating to DEI. But we had to go back through before we submit it to print, before we submit it
to the county in order for us to be in line with what the state is doing. So, I want to make sure nobody fight the people more more than I do. Um, I just want to make sure that we as a community, we're moving forward and doing what we need to do, but at the
same time putting the language in there that aligns with what's happening. We can't change what's happening, but how do we align with it? Because we're not going anywhere. God put us all here equal. So, is and and it's not that our community want to get rid of the MWSBE
program. We're not moving towards that. But how do we work with what we have? >> All right. Well, thank you, Mr. Tubbson. Uh, we'll let the county county attorney I think address some of your comments or concerns. >> I did also just want to um it wasn't in
the agenda materials, but an additional document that has been issued. It was issued Monday, January 19th by the attorney general of the state of Florida
who identified every single Florida statute that deals with uh any race-based contracting uh membership on a collegial body uh etc. and declared they were
unconstitutional. Okay. So again, when when when I'm conveying to you what is being messaged about the legality of race and genderbased and other types of programs
like that, they they're they're becoming more frequent. Okay. So again, it wasn't included in the agenda materials. Um if the committee wanted um Nikki could provide it or post it later, but that's
just another document that has been um released um that identifies issues or concerns and basically print creates a blueprint for somebody who wants to challenge any of those types of programs. Okay. Chair, if I may.
>> Thank you. Yes, sir. Yes, ma'am. I'm sorry. um since receipt of that, how are we as a county or a community addressing it with what we have in place now um as far as making sure we go through every um we we use the example of the MWSBE
program, how are we addressing it? So, so as pointed out in the agenda item, um what the county currently does is data driven and based on um socioeconomic,
which is not race-based, it's not gender- based, you know, those it those are neutral. Those are race and gender and those sorts of things. Those are neutral. Those are legally defensible. At least that would be our position. Um are there and it's stated in the agenda
item as well. Are there uh certain uh you know genders or races that are disproportionately affected uh by those socioeconomic factors and therefore benefit from those programs or policies. Yes. But that's not the basis and that's
not what the data analytics the the rationale and justification for those are. Um so that's fine. Uh the MWSBE program is different from that. Um there as stated in the agenda item there was a
third-party analysis which argues that based on uh a case a little bit older case um the Coulson case that it is legally defensible. Uh we do um engage the consultant to um conduct those
studies every 5 years. uh and that is the basis for the new SB policy that we currently have. Uh the consultant will have to undertake that analysis again uh at the end of this term and determine whether they believe that that program is still
legally defensible at that time. >> So as of right now, we're still in compliance. >> Nothing that we have has been challenged and invalidated. So I would say yes. >> Thank you. >> Does that answer all your questions, Mr. Tiger? >> Yes. >> Okay. All right. Just want to make sure.
Yes, ma'am. Chair recognizes Mr. Hurley. >> Thank you. Um, thank you, Chassity. I I know that this is precarious terrain in a lot of different ways. Um, I wish that uh, Committee Member Henry Lewis were here. Uh,
what was the name of the neighborhood that used to exist where the present day Florida Supreme Court is? >> Smoky Hollow. >> Was that technically Smoky Hollow? Yeah. Yeah. Um I I just wanted to ask um I'm not trying to make an amendment per se
unless that this is a welcome suggestion, but um what is the view on if we identified neighborhoods, would that be able to give us a way to have a conversation about uh where we
could look without being in violation of some of these various directives? So, for example, what if it identified uh Smoky Hollow, historic French town, and Buon still? >> Madam County Attorney, >> I'm sorry. What?
>> So, >> for for what purpose? >> Imagine if the ballot language was something like um one second. uh a program focused on community restoration to strengthen Smokeoky
Hollow, Frenchtown, and Boon Still. >> He's narrowing the scope. >> I don't know. I don't know enough about the background. I don't know enough about the history of that or the proposed or the rationale for why it was done or the justification or anything to
be able to tell you whether that would be legally permissible or not. >> Mr. Lambie, it looks like you have a comment down there. >> Yeah, I just want to just um remind that we we utilize data. The most critical thing we do is utilize data in order for
us to identify how to invest. We know what the poverty rate is here is in our community. We know the third grade reading levels are, what they look like, and how to invest it. We know what the food insecurity rate looks like in certain census tracks here in our community. That's how we invest in these areas in our community. And I think
that's critical that we're able to do that. And it has not been done in in a situation where it required a charter amendment. There's already CRA. >> I would just add the CRA. >> Mr. Morris, you're recognized. >> Mr. Chair, you also have the community
redevelopment agency. jointly funded by the city and county. That's a geographic based approach. Uh there statutory requirements to enact the CRA. You have to meet certain requirements of a finding of necessity in order to invest in those areas. Um and most that's
within the city limits, but again, we've participated, the county's participated in that at least 25 years now. >> Mr. Well, is there a CRA that applies to the
Boon Still or Smoky Hollow neighborhoods >> where those places once existed? Um, >> like once existed, >> if they're in the CRA area, >> technically the C the Smoky the B I'm sorry. Technically, the the Smoky Hollow where it existed is within the CRA
boundaries. Okay, Mr. Hurley, we have about 10 more minutes on this issue. So, I know you have other >> You're good now. Okay. Thank you. Chair recognizes Miss Favors. >> Um, I think a lot of my questions have been answered in the discussion around the table. By the time it gets to me, I'm um
>> I can start first on next issue if you like. >> I'm kidding. I'm kidding. Okay. Dr. Strobo, I would like to ask you because you kind of started this conversation. What um with a um item number three, if
uh recommendation number three, what would you be asking us to consider? Would you be asking us to consider a policy recommendation to the county commission or a charter amendment? Because I think that this is really more
of a policy issue. >> Understood. Dr. Robo, you're recognized to answer that question. Now, we we got to go to Dr. Robson and then I'm going to let you close out as well. Okay. >> It is a charter amendment, not policy recommendation. It sets a framework for which the county commission would
implement policy at their discretion. >> Thank you, Dr. Strobball. >> City Manager, do you have anything else? >> Um, yes. So that it sounds similar to what
we just asked um staff to come back with on uh agenda item number one. Is that similar or could that be combined? How I'm trying to understand how you see this,
>> Dr. Stro? It will be a an article that sets a framework that says the county will investigate historic public policy where it harm communities and find ways to mitigate that going forward so that we don't just stay stuck in a status
quo. >> If I'm not mistaken, I think what we did on the very first agenda item, we asked staff to bring back some issues with Broward Miami Dade. So I mean he's not asking for I mean what he's asking for is his own charter amendment dealing with this issue here. The one before was
asking staff to bring back you know the analysis with Miami Dade and and Broward. Is that correct Dr. Strong? Okay. >> Does that help you? >> Yes it does. Thank you. >> Anything else M city manager? Okay. U Madam Secretary. >> Hi everyone. um as an epidemiologist
like piggybacking on what people are saying about data driving the narrative and so I think as we move forward with a recommendation to the county is like making sure that there's always a datadriven approach because if you have
historic things that have happened and those things have not potentially been rectified you will see like in the data that there are still contemporary needs of things. So, I think as we move forward, like putting language that
could, you know, put the county in a situation where um they could have a problem with federal funding, that's not a wise idea. But I do think being very intentional about the things that we want to address. So, I have a question for Dr. Stroble. So, when we say address
poverty and racial inequity, like on what issues are you saying housing? Are you saying education? What are you saying, >> Dr. Stro? >> Just to clarify, because of the federal landscape, I intentionally didn't say racial inequality. So, it was it was
saying historic public policy and then we could use the data as you suggested to identify how historic public policy has impacted specific communities and then look for ways to mediate and to mitigate those problems. And I I have not been convinced that there will be uh
any legal conflict yet because the legal conflict would come if we were trying to say do this for Latino Americans or do this for Asian-Americans or black Americans. We're saying for Leyon County citizens who have been impacted by historic public policy, we can identify those public policies throughout
county's history and focus on those. And I think that would keep us out of >> focus focus on the policy to change the policy or focus on issues to make investments in issues like I'm just trying to understand. >> Yeah. So in in the vision of it, but I can say that cuz that would come down to
the actual commission. I'm saying the framework was set that the county investigates said historic public policy and then identifi identifies these are the consequences of it. These are the lingering issues and these this is how we're going to move forward and address
it. and we're setting in the charter uh in that article that this is the framework for which that is going to take place. So it gives that it says charter authority for the county to take set action. >> And I think in general like us voicing like making sure that every issue
everything that the county take you know consideration of that we should always be using a datadriven approach. Like I think at this point in time that we should consider just ensuring that we're always using data to drive the narrative. So even if you see his
historic injustices or contemporary problems that are still here, um the data will be indicative of where you need to go regardless of race. And then if you're taking a look at social economic status from a data standpoint, um that is a proxy to poverty and making
sure that you're looking at that data source related to any of the outcome measures that you want to measure, whether that's housing, whether that's food insecurity, etc. But just being very intentional about the recommendation to the county to always use a datadriven approach because
sometimes programs are rendered not with a datadriven approach but just a historical base. So at this time if we can use data to drive the narrative I think we can address a lot of the concerns that people are raising without getting us in the situation because I
have a question for the attorney. If there is something that's written in the charter and then later it's voted on or there's a new statute or something, what happens because the charter review committee and this process to change it
is every so many years. So what happens if there's a new law? >> Madam County attorney. >> Thank you, Mr. Chair. So, so what happens is it basically becomes invalid. What we would have to do is just put like a note, a footnote if you will. Um,
and that's happened before where um, you know, the the the campaign contribution limits changed um, in state law and it was inconsistent with what was in uh, our code and so we had to basically put a footnote in there until we could go back and change it. So, we would just
have to put a note in there until we could do something about it later. >> Got it. I think that answers my question, but I just want to make sure on all things that we're looking at, whether it's housing, whether it's food, whether it's education, that there's always approach to use data to drive the
narrative so that we're using the funding andor resources efficiently. >> Thank you, Madam Secretary. We have I see two other cards up and I'm going to let Dr. Strobble close out. Uh chair recognize, Mr. Murray. >> Thank you, Mr. Chair. Uh director for Dr. Strobble. Uh thank you for uh
putting this together. uh how do you envision this being funded and is is this going to be a creation of like a new county department to oversee these activities? >> Dr. Stro uh so I'm I'm hesitant to answer that because I believe well I will answer the funding component. If
there is a suggestion of for example a restoration fund but it does not require funding immediately. It would say that if grants become available, if there are um uh mitigation efforts that are made and that funding becomes available, it creates a lawful place to place it
within the charter um arrangement. And for the second, can you restate that second part of your question? >> Yes. Sorry. And uh in the in the event this is, you know, moved forward, is there is this going to lead to like the creation of a new county department to oversee these activities?
>> So, under the guidance that we've gotten from staff before, that is not something that I would suggest here. That will be something that the county and staff come up with as the charter implements that they take action. They will make those determinations going forward. >> Gotcha. Thank you. >> Thank you, Mr. Murray. Chair recognizes
Mr. Wilcox. >> Question for staff. Just if I'm understanding this right, so we're still safe to move forward based upon datadriven approaches to these these issues. Uh socioeconomic data, health outcomes, educational attainment, things
like that. It's just we have to be very mindful clearly of the wording due to the political theater that we're all watching at the moment. Is that correct, >> Madam County Attorney? >> Yes. I mean if we can justify our
programs and our policies based on uh gender, race, national origin, all the things neutral and it is data driven then if it is challenged we should be able to to defend it. Um, but to be
clear, none of that, no matter which word you use, can really be considered a proxy for any program or policy that is really gender or race or any other classbased. It really truly has to be a neutral
policy or program. Period. >> Is there language in the current proposal that you is concerning? So, Mr. Lumi, >> the proposal when you look at its entirety specifically starts off with problem statements that talk
specifically about issues regarding redlinining, Jim Crow segregation, slavery. I mean, those are the things that we staff reacted to as we put the analysis together in um developing this agenda item. Those things would be problematic because they're clearly
looking specifically as race related issues that's happening here in our in our nation. >> Mr. Wilton. >> Yeah. You know, I think that that that answers my questions. >> All right. Thank you, county administrator. >> Just very quickly for my part, I'm just
trying to to to pull up a little higher level on the issue, too. Just something to to think about. Um, it's very understandable that we could all get mired in the in the layers of issues political and otherwise. And I would
just offer to and if we articulated um, and we try to do a good job of summarizing, but if we articulated every program and policy in Lyon County that we have that addresses in some way what we're discussing here, you know, again, it's it's very very exhaustive and it's
never enough and it's not enough. Um but surely the commitment is there. The way that I look at it is just very simply, you know, kind of follow the money sort of thing and and um I may get in trouble with with chassity here a little bit, but it says it in your item. And I I just think that it's important to
observe and again it and this goes to whether you want to reinforce to the county commission what you're doing, keep doing it, do more of it, which is a policy statement and not a charter statement. Um, something I would just offer is again when you look at the item, there's three ways that we and and
we put it in buckets. There's kind of three ways we do things. Look at the money we spend on programs, the money we spend on operating on services directly, direct services to the community. Everything else stuff we spend money on is stuff we have to do according to the state of Florida mandates and otherwise.
But if you look at direct human services to community, 75% of that money, we're talking about millions of dollars every year. 75% of those dollars go to the neighborhoods that are articulated in this item. What are those neighborhoods? Shanked in >> Bond, Frenchtown, Griffin Heights, South
City, Providence. >> 75% of the money that goes through this human service goes to that in then you want to look at infrastructure dollars, right? Big money. Where does our infrastructure dollars go? The blueprint 2000 pays for most of our infrastructure. 62%
of the infrastructure dollars in this community. Now, I'm not talking about millions of dollars. I'm not talking about tens of millions of dollars. We're talking about hundreds of millions of dollars. Um, go to what are the zip codes, Shankton? >> Uh, 32304, 3230,
32310, uh, 32301, and 32305. >> Finally, policy. What are we doing from a standpoint of policy? We when we talked about um purchasing and procurement, we are one
of very few very very few in the country when the state or the country uh local governments the city and the county who do a racebased genderbased program >> and blueprint on blueprint all three. Um uh and again we do it all very legally
follow the letter of the law but again um it's a unicorn there there's there it it there not many that exist. Um I think we I think we spend about um hundreds of thousands of dollars um just
for the study alone that allows us to do the the program when we update the study every 5 years. I think it's about $500,000 >> it is >> that just allows us to do the program. Um so again just some things to think about not enough but again it may be
just a way to sort of um organize uh you know thinking around these things but uh anyway thank you Mr. Chairman. >> Thank you Mr. County Administrator Dr. Stole to close please. >> All right so I want to thank Mr. Chair the rest of the committee and staff. I want to acknowledge the county's analysis and the significant work that
the county's already done to address a lot of the issues that have been raised. And my purpose today is not to dispute that work, but I'm asking a different question that I think we can answer as a committee. And that is not whether the county has acted, but the question is whether we have acknowledged policy
created harms and should they be addressed only through programs and the already existing plans or if the charter can provide a durable framework that ensures those responsibilities endure beyond funding cycles, who's in office, what particular administration is in
place. that could change and then that could change a lot of the outcomes that we see here that are already happening. That's why the charter is a safer place to address this issue. So I want to be very clear about this proposal. It does not and what it does not do it does not mandate any spending. It does not
require race-based programs. It does not override state or federal laws. And it does not compel future boards to take any specific actions. What it does is far more modest. It creates authority, permission, and a lawful place in the charter where restoration can occur. And
if future boards choose to act on this using grants, settlements, or any means that become available to them, they have a lawful place in existing resources and framework. So, we've heard I think we we've heard on it, so I'll restate the motion to close here. >> Uh, okay. direct staff to prepare draft
language for amending the county charter to establish an article requiring the county to assess and address persistent community disparities resulting from historic public policy. >> All right. Thank you. Uh Miss Hatrick,
you call the role. >> Joey David, >> hold on one second. Please be mindful of our time. We're 105. Uh Madam City. Yes, there was a second. Yes, ma'am. Mr. Terry, really quick. >> I promise I have a very quick question.
Can a Can amendments be repealed? >> Can what amendments? Amendments to >> if this is an a if this is a charter amendment, can it be repealed in 8 years or whatever? >> Yes. Yes. >> Thank you. >> All right. Madam city manager, you have something else?
>> Uh, yes. I wanted to understand clearly what we're asking is for staff to develop something that we will have another opportunity to vote on. Miss Edward. >> Yes, ma'am. >> Yes. >> Are any other questions before we Miss Hatch? >> Shoe Davis?
>> Yes. >> Linda Bon Edwards? >> Yes. >> Anita Favors? >> Yes. >> Max Hurley? >> Yes. >> Daryl Jones? >> Yes. >> Slayton Murray?
>> Yes. >> Ryan Ray? >> Yes. >> Roberson? Yes, >> William Smith. >> Bruce Strobble. >> Yes, >> Jared Terry. >> Yes, >> Katrina Tugerson.
>> Yes, >> Vice Chair Haynes. >> Yes. >> The motion passes. Uh 13 in uh favor, zero in opposition. >> Right. Thank you. Uh let's move to item
agenda item three, Mr. Lambie. Okay. Um, so your last and final item, so the charter review committee requests an agenda item to consider amending the county charter to adopt a community value statement
statement in support of diversity, equity, and inclusion. So this kind of falls in the same line of what we talked about in this previous item members about the fact that there is issues right now with state and
federal rules that are seeking through legislation to prohibit the adoption and implementation of policies, programs and services that have historically disenfranchised um racial disenfranch disr financial instrument. I'm sorry,
that word just kills me, guys. Yeah. Um and DEI. Um while, um a community value statement expresses share value and generally considered non-binding, putting it in the in our charter again could jeopardize
dollars, federal dollars that we're trying to get here in our community. So, um with that, I'm happy to answer any questions, Mr. Chair. >> Thank you, Mr. Lamb. Um okay, now now we got Mr. Wilcox back. Mr. Will Cosman, we we need you here to to make sure we have
our quorum of at least 11. Uh the chair will recognize Mr. Jones as the I mean I think the maker of this particular recommendation or proposal. Mr. Jones option one has been uh motion made for option one. Is there a second? >> Second. It's been second by Mr. Murray.
Uh is there any discussion? I'm afraid to ask twice. Is there any discussion on uh option one? Seeing no discussion, all those in favor of the motion will say I. >> I. >> Those opposed say nay. >> Eyes have it. Thank you so very much. Uh
if you would bear with me, we had uh I know we've we moved from our period of public public comment, but we did have some uh cards that came in after our public comment. and we want to be flexible especially when since you gave we're giving you some time back. We're
going to ask uh Mr. Bill Lman to come forward. You've got three minutes sir. Please state your name and address for the record. Please thank you very much. Uh my name is Bill Lman. Live at 3742 Dorset Way. been here in Lyon County
since 2001. Um I'm going to be very brief. I thought it was very um amusing the contradictions that we're talking about here. First of all, talking about uh quoting Lincoln and civility
uh the person who is responsible for the bloodiest war that we have ever fought and also talking about denying race. uh because of the federal government that
enforced the data of race, right? The reason we have data, racial data, is because the federal government does not allow us to identify ourselves any other way.
I would suggest I'm also here in support of alert and its agenda, but I would suggest that we just get rid of all of that discussion and just talk about restoring human beings who are citizens of the United States, right, to a level
in which we want human beings to exist in this country. Thank you. Thank you so much. Um, I noticed Mr. Abar submitted a card, but I see he walked out. I'm not sure if he's gone or not, but uh Attorney Abar,
>> you got to leave. >> Okay. All right. Uh Misha Mitchell, you please state your name and address for the record. You have three minutes, please. >> Sure. >> Mhm. So um Maisha Mitchell 10009 Ellington
Court Tallahassee 32304. So you are talking about me here today. So in several ways yes one is the fact that I was born in Smoka. So I know exactly what's that historical placement was and we were impacted by displacement which
is not on your list. And what does it does for a community that opens the way for new development and promises that were not kept and then um places where now parks exist
and the people are not cared for are still suffering in many ways. Um we've seen homelessness as a result of that. We've seen so much health impairments and stress particularly
with these communities. Those folks who live there and who are still living were beyond my age even. Secondly, the DEI piece that you talked about, I was directly impacted by that and pretty much lost my job at the housing with um
the Leyon County Health Department. We worked with many people across the state, 67 counties to develop a health equity plan for all the counties and then we were told that that plan could
not be used anymore. That's three years ago. And so that plan still exists. We identified all the things that you talked about here today. And as a result, there were over 100 words that came out of NIH.
um the um science foundation, national science foundation to say that we could not use those words and as a result of that many people in our community are suffering because there is no DEI policy.
There's no way to say in this country that we cannot use DEI. That's what the country is based on. So what do we do with that? And in this community here in Florida, Tallahassee Leyon, we have a lot of reckoning to think about. And I
want to just say to you, I trust that you will really take this into consideration and think about the human beings that have been impacted over time by various policies. We need charter. We need something that's going to help us
to sustain ourselves and to be resilient over time. Thank you. Thank you so much. Um before we adjourn, I wanted to uh just take an opportunity. I know some of you may say it's it's certainly their job, but I wanted to
acknowledge I you know, I don't know how many of us have been in this room before it looks like this, but I wanted to acknowledge the hard work of the individuals that that that I work with on a daily basis. The the county I mean to let you know how big this charter
committee is. I mean, of all of the individuals and departments that are here that helped put this together together, uh we were away at some meeting before and the county administrator was there and and I said, "Where you going?" He said, "Look, I got a county to run, so I've got to go back to the office." So, he's here at every
meeting. So, I want to acknowledge uh and if you would uh acknowledge our county administration, our county attorney's office, information technology, CMR, library services, facilities management, our clerk's office, and all of our staff that make
this room look like it does when we don't see it and then have the opportunity also to tear it down. So, would you please acknowledge them? Give them a round of applause, please, for all of the work that they do. Thank you so much. Uh and thank you all for for coming and for a good meeting. Our next meeting is on February the 5th. We have
exhausted our agenda. We stand adjourned. Thank you so much. >> Oh, I didn't. >> You don't need a motion for >> No, sir. When the agenda is complete, you do not need >> Gotta have it.
And the amazing thing that I will say is that despite the fact that we're all piled up in the library and it's a very tight space, in the year that I spent