Failure of Public officials to protect the Environment
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
[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
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.