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Talking Points

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Published: May 17, 2008

BROOKSVILLE - When it comes to how much latitude county commissioners have in talking with their staff and department directors, it really depends on the personalities involved.

And, as regular attendees of county meetings can attest, those personalities are varied and sundry.

The question on commissioner interaction with staff surfaced during Wednesday's land use hearing when Commissioner Diane Rowden questioned why planning staffers recommended approval of a controversial RV resort near Hernando Beach.

Commissioner Jeff Stabins in turn questioned why Rowden simply didn't get her facts before the meeting. He then accused her of grandstanding.

Stabins later apologized after County Attorney Garth Coller explained the rules regarding quasi-judicial proceedings at land use hearings.

Coller said Rowden was absolutely in the right to wait until the meeting before confronting the planning staff.

Even County Commissioner Chris Kingsley said he thought he was free to talk with staff before meetings.

Coller said this is why he makes it a habit of reminding commissioners of the rules involving outside communication during quasi-judicial hearings.

During an interview in his office Friday, Coller said the amount of communication commissioners have with staff depends on their own particular management style.

Some are more cerebral and some tend to be more hands-on, he said. There really isn't a one-style-fits-all.

While it is true that the commissioners' duty is to set policy, that makes it almost incumbent on them to get out in the field, talk to staffers and department heads, he said.

For example, if one commissioner wants more information about tweaking the county's Big Box ordinance, which sets building regulations for large retailers, he or she might want to meet with planning department staffers and learn more about what that encompasses.

"It is their duty to go out in the community," Coller said. "You can't make policy unless you're seeing the policy at work."

Ideally, that commissioner would either report back to the county administrator or, even better, alert the administrator beforehand and the two would research the matter together, Coller said.

The administrator should not be left out of the loop, he added.

Coller said it's a fine line as to where commissioners' involvement with staff crosses over into micromanagement.

He stressed there is a difference when it comes to quasi-judicial meetings, such as a land use hearing. While there is no legal prohibition against talking to staffers to obtain facts prior to that kind of meeting, it does place a heavier burden on them to share what they've learned.

In those cases, commissioners act as judges and must share any information gathered with all the stakeholders - their fellow commissioners, staffers and the applicant of a project.

In a perfect world, if commissioners know that a quasi-judicial item is coming up on the agenda, it would be best if commissioners simply refrain from conversations or fact-finding and wait until all affected parties are gathered in one place at the meeting, Coller said.

Meanwhile, county administrators' approach to commissioner interaction can vary. Some favor a strong manager approach and demand a clear-cut chain of command that begins with him or her. Others favor a looser style.

Previous Hernando County administrators have been generally accepting of commissioners visiting with department directors.

County Administrator David Hamilton acknowledges that he is responsible for the management and the implementation of the board's enacted policies.

Like commissioners, Hamilton said it is also his style to get out into the public and learn issues firsthand.

He said he has no problem with the board visiting staff, as long as he is kept abreast and as long as it is in the best interests of the overall organization and taxpayers.

"I don't want to be informed about every single detail," he said. "Quite the contrary. In a healthy and productive organization ... you want to have free access and the ability for people to comment as long as it's done respectfully and in the best interests of the organization."

Reporter Michael D. Bates can be reached at 352-544-5290 or mbates@hernandotoday.com.

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