Flurry of e-mail raises Sunshine Law questions
By HARLAN WEIKLE
Article published on Thursday, June 28, 2007  |
INDIAN ROCKS BEACH – Technology being what it is, where do the matters of public debate, personal opinion and representative government intersect under Florida’s meticulously crafted Sunshine Law?
That question, raised by Vice Mayor R.B. Johnson during Tuesday’s City Commission meeting played out as a surprising counterpoint to the evening’s agenda, which included, among other things, a discussion about televising future city meetings.
Referring to the blizzard of e-mail communications circulating throughout the city and beyond now for months, driven by lengthy lists of recipients, which includes the mayor, commissioners, voters and the press, and the ease of one-click publishing, Johnson asked, “Do all these e-mails going back and forth present a potential problem under the Sunshine Law?”
“Yes,” according to City Attorney Andy Salzman.
Referring to the law as “very specific,” Salzman cautioned city officials, saying, “All communications from sitting commissioners should, as a matter of course, be directed to administration, otherwise you have a dialogue going on with the public.”
According to The State Attorney’s office Web site, Florida’s Government-in-the-Sunshine Law, which was enacted in 1967, “Establishes a basic right of access to most meetings of boards, commissions and other governing bodies of state and local governmental agencies or authorities,” which includes the right to access documents related to those meetings.
“However, public records requests are for specific documents and not requests for officials’ opinions regarding the issues related to those records,” Salzman said.
He cited as an example, “If I was a commissioner and the issue was painting city hall, and if I communicated in response to that request that I didn’t like blue, then that would be contrary to the intent of the Sunshine Law. Liability can attach.”
In recent years, partially in response to the Sunshine Law, local governments including Pinellas County have opened their meetings to televised coverage.
Public Services Director Dean Scharmen, responding to the commission’s request for a preliminary report on the feasibility of broadcasting IRB commission meetings, presented an overview of the technology used by some municipalities; these include captured tape, live TV and streaming Internet video.
After lengthy discussion and upon hearing public comments, such as suggesting the use of high school and college broadcast technology students to implement the program, commissioners agreed to survey similar technology used in neighboring beach communities.
Acting City Manager Steve Cottrell plans to present the budget on June 29 as commissioners begin this season’s critical budget process, which most agree will be an arduous one.
Cottrell begins the budget process even as the city awaits selection of a permanent city manager. At the urging of Commissioner Jose Coppen, commissioners Tuesday postponed authorizing the mayor to enter into a contract with Cottrell until a full board could be present for a vote. Commissioner Bert Valery was absent from the meeting.
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Article published on Thursday, June 28, 2007
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