Miami Herald (Sunday)

Miami-Dade resumes meeting in person, but the public can’t go

- BY DOUGLAS HANKS, AARON LEIBOWITZ AND JOEY FLECHAS dhanks@miamiheral­d.com aleibowitz@miamiheral­d.com jflechas@miamiheral­d.com

Last week, Miami-Dade’s county commission chambers opened for the first time since March and resumed meetings with commission­ers seated at a dais divided by six-foot-tall acrylic barriers. The public participat­ed online, with microphone­s set up one floor below in the lobby of County Hall for comments to be broadcast to commission­ers.

In March, Florida Gov. Ron DeSantis issued an emergency order suspending a state rule requiring government bodies meet in person in order to satisfy quorum requiremen­ts. Citing the dangers of COVID-19 infection in close quarters, the governor’s order allowed elected officials to satisfy quorum rules by convening electronic­ally.

That led to months of Zoom government meetings, as DeSantis extended the order under pressure from local elected officials who weren’t eager to resume in-person meetings as the coronaviru­s pandemic continued. DeSantis’ last extension came in October, and the governor

After months of convening online, Miami-Dade commission­ers are back to in-person meetings during the COVID-19 pandemic. While elected officials will be in the same room, the public will still be online.

allowed the order to expire Nov. 1. That has meant a scramble to help elected officials still keep their distances while conducting public business.

Miami Beach is getting creative when it comes to a state requiremen­t that elected officials meet in the same room in order to comply with quorum rules. City commission­ers won’t be using their regular chambers and instead will convene in the Miami Beach Convention Center.

They’ll still communicat­e by teleconfer­ence, with drapes and piping to divide separate spaces for each commission­er, city spokeswoma­n Melissa Berthier said.

Members of the public can still participat­e by

Zoom at the next city commission meeting on Nov.

18. The city also will provide access to a computer in a separate room inside the convention center for those who can’t join from home. The actual, temporary commission chambers in that facility will be closed to the public.

“Given the level of community spread in our county, it’s really not responsibl­e to create a situation where the public feels like it will need to attend a public meeting indoors for hours,” Mayor Dan Gelber said.

Virginia Hamrick, staff counsel for the First Amendment Foundation in Tallahasse­e, said it’s legal to limit public participat­ion in government meetings to the electronic realm.

SUNSHINE LAW DOESN’T REQUIRE PUBLIC TO BE THERE IN PERSON

“As long as the public can participat­e by video and speak before the commission during the decision making, this is allowed under the Sunshine Law,” she wrote in an email. “The Sunshine Law also requires board meetings to be open to the public. If chambers are limited to commission­ers, employees, and media, the public must have some way to watch or listen to the meeting.”

In North Miami Beach, a series of commission meetings Tuesday — including a critical hearing on the $1.5 billion Intracoast­al Mall redevelopm­ent — were moved to the Julius Littman Performing Arts Theater, instead of the smaller City Hall chambers where meetings used to take place. The theater has over 900 seats, providing plenty of room for social distancing.

Commission­ers and charter officers are allowed in the theater, while members of the public who want to attend in person must watch virtually from another room next door. It all still unfolds via Zoom — commission­ers with the app open on their computers, and the public able to comment either from home or through a computer set up in the viewing room.

“It’s basically a Zoom meeting with the commission­ers in person,” said assistant city clerk Roxanne Rosenthal. “We just want to protect everybody.”

Miami’s commission is set to meet three times the week of Nov. 16 to tackle a long list of legislativ­e items and consider appointing someone to replace Keon Hardemon, who won election to the county commission Nov. 3.

City staff plan to limit capacity but still allow members of the public inside City Hall, a relatively small building that formerly served as the Pan American Airways seaplane terminal on Dinner Key. People will be allowed to speak to the commission at the lecterns inside the chamber, but a reduced number will be permitted to stay to watch the meeting.

The dais has been outfitted with multiple acrylic panes to separate commission­ers and senior administra­tors from each other and the audience. Tents will be erected in the circular driveway in front of the building to accommodat­e people who can’t stay inside due to capacity limits. Most administra­tors will likely address commission­ers via video conference.

 ??  ?? A screenshot of the start of Miami-Dade County’s final budget hearing on Sept. 17, when commission­ers passed a $9 billion spending plan.
A screenshot of the start of Miami-Dade County’s final budget hearing on Sept. 17, when commission­ers passed a $9 billion spending plan.
 ?? JOEY FLECHAS jflechas@miamiheral­d.com ?? Acrylic barriers divide the seats for Miami city commission­ers as local government­s resume in-person meetings across Florida. They’ve been allowed throughout 2020, but Gov. Ron DeSantis in March suspended the requiremen­t for elected officials to be in the same space to meet quorum rules for public meetings.
JOEY FLECHAS jflechas@miamiheral­d.com Acrylic barriers divide the seats for Miami city commission­ers as local government­s resume in-person meetings across Florida. They’ve been allowed throughout 2020, but Gov. Ron DeSantis in March suspended the requiremen­t for elected officials to be in the same space to meet quorum rules for public meetings.

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