03-20-1974 - Workshop
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SUNSHINE LAW MEETING
SPECIAL WORKSHOP HELD
MARCH 20, 1974
City Attorney Weaver called the meeting to order Wednesday
March 20, 1974. He stated that this particua1r lecture that
he is going to give is going to be rather short and will be
opened up for questions at the end. This all grew out of a
seminar that the City Council went to about 3 weeks ago, in
Daytona that was put on by the Vo1usia League of Municipalities.
City Attorney Weaverstated that the States Attorney Steven Boi1es
made a presentation in regards directly to the Sunshine Law
and violations thereof. He will try to review this with the public
to give them an idea of the problems that you may be facing on
the individual boards that you represent here in the City of
Edgewater.
First of all he read the law, it is Florida Statues 386.011 Public
meetings and records. City Attorney Weaver then read the law. It
states: Paragraph 1 - All meetings of any board or commission of
any!agency or authority or any agency or authority of any town county
municipal corporation or any pOlitical subdivision except this or
otherwise provided in the constitution at which official acts are
declared to be public meetings open to the public at all times and
no resolution, rule, regulation or formal action shall be considered
binding except as taken or made at such meetings.
Paragraph 2- The minutes of a meeting of any such board or commission
of any such State agency of authority shall promptly be recorded
and such records shall be open to public inspection. The circuit
courts of this State shall shall have jurisdiction to issue a conjunctions
to enforce the purposes of this section upon application of any
citizen of this State.
Paragraph 3 - Any person who is a member of a board or commission
or of any State agency or authority of any County Municipal corporation
or any political subdivision who violates a provisions of this
section by not being i~~accordance with the provisions hereof is
guilty of a misdemeanor,n the second degree.
City Attorney Weaver stated that it goes on to stated penalty
provisions of the Florida Statues. Second degree penalty is punishable
by imprisonment for 6 months or fined $500.00, it is a misdemeanor not
a felony. He stated that he would leave this for the City Clerk
to make copies of. There is one problem with this, it is so general
that you can't figure out how it applies to specific cases.
City Attorney Weaver stated that the first element that he is going to
consider is a meeting. This meeting can be direct face to face
conversttion, it can be indirect, using the telephone, or relaying
messages. A meeting of two or more persons of the same board or
commission is a violation. This is one of the important things to
remember. A meeting of two or more persons of the same board or
commission to discuss public business of the board or commission.
This is business that is now currently before the board or busieess
on which intensive aciton may be taken. Two or more persons of the
same board or commission discuss public business of the board or
commission with out notice to the public or to the exclusion of the
public. If the press isn't notified that this is a public meeting
or your holding a meeting and you close the doors and clear the room
or something. If you have guilty knowledge of what you were doing is
wrong, this is all inside your head. You should stop talking about
this subject immediately from any further discussion.
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Techiically you could go ahead and discuss this who1d thing and
if they couldn't prove you had knowledge to this and that what you
were doing was wrong, you could probably be cleared. Those are all
the elements that must be proven prior to any conviction on this.
He stated that he ~anted to discuss two special problem areas.
This 1s . cOMmittee problem. This committee should be under some
duty to give notice to the public of what they are going to go
and when they are going to do it. It is not necessar~ to invite
the public but to leave it open.
The intent of the law is to make all public business in the open.
No secrets kept from the public. Then the public has a chance to
contribute whatever they may. He then asked if anyone had any
question. There were many questions asked, and City Attorney Weaver
discussed each one with them.
If there is a special meeting called, you will have to notify the
press and the public that there will be a special meeting.
City Attorney Weaver suggested that we draft an ordinance and
adopt it and be madet- pub1 i c records in Ci ty Ha III that any newspaper
official ,any person~is on notice that it is part the public records
establishing your regular meeting time and place and also establishing
the procedure that you would follow to call a special meeting.
City Attorney Weaver stated that the City Clerk is going to find
when these boards meet, where they meet, and them we will adopt
something to set up a procedure for calling special meetings.
When, your going to hold a meeting, you should call the City Clerk
who would call the press.
There was much discussion on the Fire Department as to violation
the Sunshine law. City Attorney Weaver stated that those meetings
that are formally organized should be public.
City Attorney Weaver stated that most of the boards righ~ now
there are some records of minutes, either mechinac1y or secteetary
taking minutes of the meeting. These minutes should be kept and
filed with the City Clerk.
One man asked why the committees can't keep their own minutes on
file instead of filling City Hall full of fining cabinets of minutes.
City Attorney Weaver stated that the problem with this is that
the accesability to them. City Attorney stated that as long
as the minutes are available to the public.
City Attorney Weaver stated that he did not want the public
to get the idea that you are in violation if you speak to another
member of the committee, but do not talk about subjects that are
before the committee at that time.
This meeting was adjourned by City Attorney Weaver.
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