The Key Biscayne Village Council is poised to formally repeal the controversial media gag policy that threatened disciplinary action against staff members who spoke with news reporters without prior approval.
However, the drafted resolution for the upcoming council meeting appears to provide Manager Steve Williamson with an opportunity to reinstate communication rules that could hinder governmental transparency in the future.
The resolution, made public on Friday, marks a significant moment as it confirms the withdrawal of the policy, which had attracted a federal civil rights lawsuit from the Independent on First Amendment grounds.
While the resolution shows support for Williamson’s original intentions when the policy was implemented, it also includes language that raises concerns among free speech advocates.
The text states, “After careful review and consideration, the Village Council desires to authorize the Village Manager to adopt voluntary communication guidelines.” This phrasing suggests that while employees may not face direct threats of discipline for talking to reporters, they might still be subtly discouraged from doing so.
Critically, the Village Council only discussed the media policy once during a closed session with attorneys on September 11.
As of now, neither the Village nor its legal representatives have provided details on any potential “guidelines” that may emerge from this resolution.
Williamson had initially suspended his media policy in mid-August, yet encounters with the Independent have continued to reveal barriers to direct communication with various officials.
Issues encountered include a reporter being removed from a public “sunshine” meeting and two instances where access was denied to public office space where Council members were conferring prior to a meeting.
Additionally, some of the Independent’s public records requests have faced delays or outright neglect, spotlighting a troubling trend since the suspension of the media policy.
Tony Winton, the Independent’s editor in chief, criticized the draft resolution as a “disappointing whitewash” of an unconstitutional act, citing it as a threat to the public’s right to know.
“There is neither a promise of better behavior nor a clear affirmation of transparency,” Winton stated.
“Instead, this resolution would actually embrace the manager’s power to issue vague media guidelines that could easily be used to once again suppress speech by Village employees, under a fig leaf that they would be ‘voluntary.’”
The media policy’s inception stemmed from an Independent article investigating whether GOP Rep. Maria Elvira Salazar had moved belongings into her new Key Biscayne condo before the issuance of a construction certificate from the Building, Zoning & Planning Department.
Both Williamson and Salazar’s office had sought to remove the article from the publication’s website, despite accurate information being provided by Building, Zoning and Planning Director Jeremy Gauger for the story.
Since then, Gauger has not communicated with the Independent again.
Williamson is currently advocating for funding for his prominent stormwater project, known as the Big Dig, which has seen costs more than double for just its initial phase.
The media policy mandated that all staff members obtain approval to speak with the media and that all media inquiries go through Manager Williamson or Public Information Officer Jessica Drouet.
Council Member Ed London voiced strong opposition to the media policy, deeming it “nonsense.”
“I am completely against the policy they have. In my opinion, we have nothing to hide,” he remarked.
“This is a small community. It is absolutely absurd to have this.”
The Society of Professional Journalists has flagged such media policies that inhibit employees from engaging freely with reporters as “Censorship by PIO.”
They track municipalities with these policies through their initiative, Gagged America.
David Cuillier, the director of the Freedom of Information Project at the Brechner Center, remarked on the futility of these policies, stating, “In the cases where we see where these policies are challenged, they always lose, right?”
He continued, “They need to send a newsletter out to all government officials. ‘Don’t do this or you’ll be embarrassed and waste time and money – and tax dollars.’”
Winton emphasized that adopting the proposal would signify a failure of the Council to fulfill its responsibilities, as it would effectively delegate essential government functions to a bureaucrat.
He insisted that the Council should establish any guidelines through public discourse.
“Let’s be clear: the Council sets policy, not the manager. It should direct this administration, and all future ones, to be open, prompt, and transparent with all media and public inquiries.”
image source from：kbindependent
