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04/19/2022
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04/19/2022
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5/26/2023 5:12:24 PM
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5/26/2022 2:05:06 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
04/19/2022
Meeting Body
Board of County Commissioners
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Dylan Reingold, County Attorney <br />William K. DeBraal, Deputy County Attorney <br />Susan J. Prado, Assistant County Attorney <br />Ofc of <br />INDIAN <br />MEMORANDUM <br />TO: Board of County Commissioners <br />FROM: Dylan Reingold, County Attorney <br />DATE: April 13, 2022 <br />SUBJECT: Administrative Policy AM 604.1 Amendment <br />BACKGROUND. <br />/3A <br />County Attorney's Matters - B. CC 4.19.22 <br />RIVER COUNTY <br />ATTORNEY <br />Administrative Policy AM 604.1 of the Indian River County Administrative Policy addresses solicitation <br />and distribution on County property. <br />Administrative Policy 604.1 states that "[i]t is the policy of the County to prohibit solicitation and <br />distribution on its premises by nonemployees except that nonemployees making solicitation or distribution <br />of materials of a political nature may distribute materials or solicit signatures for petitions in a non - <br />disruptive manner on County property but not within County buildings." <br />Not all government property is a public forum available for public expression. Some County facilities, <br />such as the Sandridge Golf Club are not the typical public forum such as a street or an open park. <br />Sandridge is really a nonpublic forum. Golf clubs are not traditional public fora. Additionally, Sandridge <br />Golf Club is set back a significant distance from the road, with no sidewalk to the club house or the <br />parking lot. The people entering the property are doing so to play golf or to patronize the pro shop. The <br />visitors to Sandridge either pay to utilize the golf course or purchase something. This is a contained area, <br />which is operated as a business enterprise. This same principle would apply to other County facilities, <br />such as the Shooting Range and potentially County pools. <br />The County Attorney's Office recommends that Administrative Policy 604.1 be updated as follows: <br />POLICY: It is the policy of the County to prohibit solicitation and distribution on its premises by <br />nonemployees except that nonemployees making solicitation or distribution of materials of a political <br />nature may distribute materials or solicit signatures for petitions in a non -disruptive manner on County <br />property but not within County buildings, or at non public fora, such as the Sandridge Golf Club and the <br />County Shooting Range, which are not traditionally used as a forum for public communication. Employee <br />solicitation and distribution of materials may only flake place as outlined below." <br />FUNDING. <br />There is no funding associated with this item. <br />C:fUmnlufc-pmA4ppDawiLocaATemp'BCL T hwlogi,,IearvPDFB!ACLQEC_'5A22ig BCL@EC.5d1:Qdac 83 <br />
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