Failure of Public officials to protect the Environment

by diverdan363 | February 20, 2009 at 04:19 am
83 views | 0 Recommendations | 0 comments


Regardless of where you live in the state Elected Public officials tend to forget the voters who put them in office in the first place. when  an issue that has great public interest  as the environment  The public officials cater more to the industry and the deep pockets disregarding the publics interest and the environmental damage. It is the hope that the following issues raised will allow the public to put government back in their hands and not the industry dirty politics on  our environment.



As our Supreme Court recently said in Beckstrom v. Volusia

County Canvassing Board, et al., 707 So. 2d 720 (Fla. 1998) quoting

Boardman v. Esteva, 323 So. 2d 259 (Fla. 1975):

The real parties in interest here, not in the legal sense but

in realistic terms, are the voters. They are possessed [sic]

to the ultimate interest and it is they whom we must give

primary consideration . . Ours is a government of, by and

for the people. Our federal and state constitutions

guarantee the right of the people to take an active part in

the process of that government, which for most of our

citizens means participation via the election process. The

right to vote is the right to participate; it is also the right to


speak, but more importantly it is the right to be heard.

We must tread carefully on that right or we risk the

unnecessary and unjustified muting of the public voice.

By refusing to recognize an otherwise valid exercise of

the right of a citizen to vote for the sake of sacred,

unyielding adherence to statutory scripture, we would in


effect nullify that right.
Taines v. Galvin, 279 So. 2d 9, 11 (Fla. 1973). As stated by the
McAlpine Court:

[A] recall is different from an initiative. Sponsors of a recall petition want to remove a

person from office. They would probably continue to want that person removed even if

some of their grounds are adjudged legally insufficient. Thus, they care more about the

result than the exact text of their petition. An initiative, on the other hand, proposes a

law defined by its text. Some sponsors or subscribers may regard the wording as

crucial.


McAlpine, 762 P.2d at 94 n. 23.



We emphasize that it is not our role, but rather that of the voters, to assess the

truth or falsity of the allegations in the petition. By holding that the petition alleges that

the board members failed to perform their prescribed duties, we do not decide, and

have no basis for deciding, whether the members in fact failed to perform these duties.

We are in a position similar to a court ruling on a motion to dismiss a complaint for

failure to state a claim. For these purposes, we must take the allegations as true,


without thereby prejudging the trier of fact's role to determine whether or not they are
687 P. 2d at 300 n.18.
Again before you proceed on any such action do your homework and contact the supervisor of elections.
aseven a public official will seek to turn the tables so that he doesnt fall off the gravy train.
diverdan363

Comments (0)

This story was created over 3 months ago, the comment thread is now closed.

closeSign in to NowPublic

is reporting from