Inweekly received a copy of the legal opinion that Rusty Wells rendered on the City of Pensacola’s practice to have invocations at the beginning of its council meeting. The memo to City Clerk Erica Burnett is dated August 14, 2014. Wells copied then-City Attorney Jim Messer, his assistant Stephanie Tilley and Chief Operations Officer Tamara Fountain. See Memo from Rusty Wells 08142014.
Wells reviewed the invocation process in the memo and determined – “I am of the opinion that the Council’s procedures amply comply with the majority decision in the Galloway case, and there is no basis for altering them if you and the Council so choose.”
He added, “There is no fixed requirement for broad diversity of speakers, no requirement for a fixed and rotating list of speakers, no prohibition on council members delivering tan invocation, and no requirement to include anyone who asks to deliver an invocation who would otherwise not be asked to do so.”
Inweekly isn’t sure this opinion was passed on to the city council. Councilwoman Sherri Myers has said she was unaware that Wells had been asked to do so two years ago.
The fact that Wells did not to include then-City Council President Jewel Cannada-Wynn on the memo supports the Councilman Charles Bare’s statement that the invocation process has been a function of the City Clerk’s office.
