[PPT] - Sunshine Law W ork Session Orange County Board of County Com m PowerPoint Presentation

SLIDE 1

Sunshine Law W ork Session

Orange County Board of County Com m issioners

Orange County Attorney’s Office February 7 , 2 0 1 7

SLIDE 2

Overview of Sunshine Law
Exceptions
Potential Pit Falls
Violations
Enforcem ent

2

Sunshine Law

SLIDE 3

3

Sunshine Law

Overview of Sunshine Law
Exceptions
Potential Pit Falls
Violations
Enforcem ent

SLIDE 4

Provides right of access to governm ental

proceedings

Applies to both elected and appointed boards
General Rule – All m eetings at w hich official

acts are taken

r

public business is transacted or discussed shall be open and noticed to the public

Article I , Section 2 4 , Florida Constitution Section 2 8 6 .0 1 1 , Florida Statutes 4

SUNSHI NE LAW OVERVI EW

SLIDE 5

Sunshine Law applies to:

– Any m eeting – Betw een tw o or m ore m em bers of the sam e board – W hen discussing m atters that m ay foreseeably com e before that board

“Meeting” includes:

– BCC, advisory board, w ork group m eetings – Telephone calls, text m essages – Em ails, other w ritten correspondence – I nform al discussions or deliberations – I nterm ediaries/ liaisons/ conduits

5

SUNSHI NE LAW OVERVI EW

SLIDE 6

Sunshine Law m eetings are subject to three

basic requirem ents:

– Meeting m ust be noticed to public – Meeting m ust be open to public – Minutes m ust be recorded

6

SUNSHI NE LAW OVERVI EW

SLIDE 7

▪ “Reasonable notice”

– Not defined by statute – Notice given at such tim e and in such m anner that m edia and general public m ay attend m eeting – Dependent on circum stances and type of m eeting

7

SUNSHI NE LAW OVERVI EW

SLIDE 8

Meetings m ust be open to public

– Location easily accessible to public – Adequate size – May not discrim inate against or restrict access to public

8

SUNSHI NE LAW OVERVI EW

SLIDE 9

Minutes

– Prom ptly recorded in w riting – Available and open to public for inspection and copying – Consist of brief notes reflecting events of m eeting – Audio recording perm itted but not required

9

SUNSHI NE LAW OVERVI EW

SLIDE 10

County Adm inistrative Regulations address

“Noticed Meetings” and require:

– Notice – Agenda Developm ent Office generates m eeting notice and provides at least 2 w orking days notice – Open to Public – Meeting held in County m eeting room or a m eeting room at a governm ental building w here public m ay freely attend – Minutes – Minutes taken by County Com ptroller staff and audio recorded

10

SUNSHI NE LAW OVERVI EW

SLIDE 11

Court I nterpretations of Sunshine Law :

– Construed so as to frustrate all evasive devices – Construed liberally to give m eaning to its public purpose – Exem ptions should be narrow ly construed – Each step in the decision m aking process is an

fficial act

11

SUNSHI NE LAW OVERVI EW

SLIDE 12

Sarasota Citizens for Responsible Gov’t v.

City of Sarasota, 4 8 So. 3 d 7 5 5 ( Fla. 2 0 1 0 )

– Board entered into a MOU w ith a professional baseball team – Prior to the public hearing, private staff m eetings w ere held w ith each com m issioner – Meetings w ere inform ational briefings regarding contents of the MOU – No evidence that staff com m unicated inform ation from one com m issioner to the other – Court found no violation of Sunshine Law

12

SUNSHI NE LAW OVERVI EW

SLIDE 13

Blackford v. School Board of Orange County,

3 7 5 So. 2 d 5 7 8 ( Fla. 5 th DCA 1 9 7 9 )

– Superintendent held a series of successive one on

ne m eetings w ith individual m em bers of the

School Board to discuss several options to solve a redistricting problem – After m eetings, staff put together a plan w hich w as adopted at a public m eeting – Court found that Sunshine Law had been violated because the circum stances am ounted to defacto m eetings at w hich official acts w ere taken

13

SUNSHI NE LAW OVERVI EW

SLIDE 14

Finch v. Sem inole County School Board,

9 9 5 So. 2 d 1 0 6 8 ( Fla. 5 th DCA 2 0 0 8 )

– Board m em bers w ent on “fact-finding” tour of neighborhoods affected by proposed rezoning – Court found bus tour violated the Sunshine Law because Board convened in a confined space and had opportunity to m ake decisions outside of public scrutiny – Violation not egregious and w as corrected by subsequent m eetings and discussions open to the public

14

SUNSHI NE LAW OVERVI EW

SLIDE 15

15

Overview of Sunshine Law
Exceptions
Potential Pit Falls
Violations
Enforcem ent

SUNSHI NE LAW

SLIDE 16

Fact-Finding Com m ittees

– Only applies to inform ation gathering and reporting – I f com m ittee authorized to m ake recom m endations, Sunshine Law applies

Litigation Discussions

– Settlem ent or litigation strategy discussions – Discussions regarding evaluation of risk m anagem ent claim s – Exem pt from Sunshine Law and m inutes exem pt from public records law s until end of litigation

16

SUNSHI NE LAW

Exceptions

SLIDE 17

17

Labor

– Collective bargaining negotiations w ith bargaining agent are subject to Sunshine Law – Discussions betw een County Adm inistrator and Board are exem pt – § 4 4 7 .6 0 5 , Fla. Stat.

Security

– Discussion and records concerning security system s and public property are exem pt from Sunshine – § 2 8 6 .0 1 1 3 ( 1 ) , Fla. Stat.

SUNSHI NE LAW

Exceptions (Con’t)

SLIDE 18

18

Overview of Sunshine Law
Exceptions
Potential Pit Falls
Violations
Enforcem ent

Sunshine Law

Potential Pit Falls

SLIDE 19

Speaking Engagem ents

– Tw o or m ore Board m em bers in attendance – One or m ore Board m em bers m ay be a speaker – More than one Board m em ber m ay give an opinion – But cannot engage in discourse betw een each other

19

Sunshine Law

Potential Pit Falls

SLIDE 20

Social Media

– AGO 2 0 0 9 -1 9 – Com m unications on governm ent Facebook page m ay be subject to governm ent in the Sunshine Law – Board m em bers m ay not use governm ent’s Facebook page in discussion of m atters that foreseeably w ill com e before the Board

20

Sunshine Law

Potential Pit Falls (Con’t)

SLIDE 21

Conduits/ I nterm ediaries/ Liaisons

– Board m em bers m ay not have staff or non-board m em bers act as liaisons betw een board m em bers – Com m unication w ith a private citizen w hom board m em ber knew or should have know n w as acting as a conduit

21

Sunshine Law

Potential Pit Falls (Con’t)

SLIDE 22

22

Overview of Sunshine Law
Exceptions
Potential Pit Falls
Violations
Enforcem ent

Sunshine Law

SLIDE 23

Action taken is void

– Can be cured by subsequent Sunshine m eetings

Attorney’s fees recoverable
Unknow n violation

– Non-crim inal infraction $ 5 0 0 fine

Know n violation

– $ 5 0 0 fine and/ or 6 0 days in jail

Rem oval from office by Governor –

extraordinary

23

Sunshine Law

Violations

SLIDE 24

24

Overview of Sunshine Law
Exceptions
Potential Pit Falls
Violations
Enforcem ent

Sunshine Law

SLIDE 25

Sunshine violations are norm ally

investigated by Law Enforcem ent

Prosecuted by State Attorneys

25

Sunshine Law

Enforcem ent

SLIDE 26

Questions?

26

SUNSHINE LAW

SLIDE 27