Q: Can a local government backtrack on a written promise simply because the person holding a specific office changes?
A City Manager put the decision on a specific matter in writing. This decision has been made following a discussion with the Legal team and had been confirmed by the mayor, also in writing. A new City Manager comes in and without any new data since the previous decision, reverses that decision, but refuses to do so in a recorded public meeting (one of which involved elected officials). No written direction has been given by the new City Manager and no rational explanation. Besides the ethical aspect- are there any legal implications or obligations by the local government to pursue a written decision? Can a written public decision be overruled by a verbal, non documented, non public order under the Florida sunshine law?
A: Probably the only way to get answers on this is to schedule a consultation with an attorney to review the matter in detail. Generally, a "promise" by anyone to do anything is not legally enforceable if not part of a legally binding agreement - but hearing the word "promise" in the context of a municipal government "decision" is very strange. A decision to take a specific action normally is not a "promise" to do something, it's an official plan. Regarding the Sunshine Law, that generally relates to the decision-making processes of elected officials, not executive ones.
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