Key Biscayne Village Manager Steve Williamson is again asking the Village Council to sign off on changes to his media gag policy – but a draft circulated Friday does not appear likely to end a First Amendment lawsuit filed by the Independent. The move comes as Williamson is expanding the fees the Village charges to access public records.
The media policy resolution in front of the Council has not been agreed to by the Independent, according to court records.
A court filing states the parties “have been unable to reach a settlement agreement ” despite negotiations. The Independent is represented by lawyers from the Reporters Committee of Freedom of the Press, a nationally known media freedom organization, and the law firm Shullman Fugate.
The resolution for Tuesday’s meeting expresses the Village’s “intent to not have a binding media policy” but does not limit Williamson’s power to enact one in the future.
Williamson is also asking elected leaders to approve the resolution without discussion by placing it on the ‘consent’ agenda, reserved for noncontroversial matters. The resolution was pulled from the agenda for October’s meeting after Council Member Ed London objected.
The “Village Council supports the Village Manager in his efforts to ensure such clarity in messaging and promoting efficiency in the services that the Village provides to the public,” the proposed resolution reads.
“We made every effort to resolve this through negotiation,” said Tony Winton, editor in chief of the Independent. He said the resolution doesn’t promote transparency because it still allows the manager to institute a media policy.
“Decisions on transparency and public information are critical policy matters that the Council itself should decide, not delegate to the manager with unclear wiggle words,” Winton said.
“This is an opportunity for the Council to speak clearly. It should affirm, directly, the right of the public to speak to Village staff and get information – and the right of employees to serve the public interest by giving the public accurate information.”
Without an agreement between the parties, U.S. District Court Judge Ed Artau ordered Friday that the federal lawsuit continue. Both sides were directed to start briefing the court on issues related to the civil rights claim.
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U.S. District Court Judge Ed Artau. confirmed by the Senate to serve in the Southern District of Florida in 2025. He previously served on the 4th District Court of Appeal (Florida Courts via KBI)
The Independent filed a federal lawsuit in June against the Village challenging Williamson’s media policy. It forbade any employee from speaking to the press without first getting consent from him or Jessica Drouet, Key Biscayne’s spokesperson. Williamson informed staff that if they spoke to reporters without consent, they could face disciplinary action up to and including dismissal.
The Society of Professional Journalists has called such policies “Censorship by PIO.”
Fees for Public Records
In another development, Williamson told the Independent Thursday he is adopting a new policy for public records that will charge media outlets — and the public — more money to access records.
FILE – Village Hall, Key Biscayne, seen Feb. 26, 2022. File. (KBI Photo/Theo Miller)
At issue is the Independent’s standing request for routine copies of Williamson’s emails – emails that have been transmitted to the publication without charge every week since at least 2023.
In an email, Williamon claimed providing the emails was “extensive staff work” and asserted, without evidence, that state law defines ‘extensive’ as anything over 15 minutes.
But Barbara Petersen, a public records expert who runs the Florida Center for Government Accountability, said no statute defines extensive work as 15 minutes.
There is no legal definition of ‘reasonable’ other than a court’s definition that says “reasonable” means the time it takes to locate the requested records, review those records for exempt information and provide a copy,” Peterson said.
Big Dig, Rickenbacker on Agenda
Besides the media policy, the Village has a meaty agenda for Tuesday:
● The final reading of an ordinance to apply for a state loan of $60 million to pay for the Big Dig project.
● A resolution to approve a $950,000 no-bid contract for a study on the feasibility of the ambitious renovation of the Rickenbacker Causeway called the “Shoreline.”
County Commissioner Raquel Reglado, who is pushing the overhaul, is expected to attend. The viaduct plan over Virginia Key has been greeted warmly by council members so far, but on the Anti-Social podcast last week, Miami-Dade Mayor Daniella Levine Cava sounded less than enthused about it.
● The Council will choose a new vice mayor for 2026. Oscar Sardiñas is currently in a position that has often rotated among Council members.
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JOHN PACENTI is a correspondent of the Key Biscayne Independent. John has worked for The Associated Press, the Palm Beach Post, Daily Business Review, and WPTV-TV.