Sunshine Flashcards
What 3 items are the hallmark standard for public meetings?
PUBLIC MTGS ----------- pub mtg: nom-nom-nom ----------- 1. Open to the public. 2. Reasonable notice provided. 3. Minutes taken, verbatim unnecessary, promptly recorded & open to inspection even if not yet ratified.
When might a Board meeting be exempt?
Collective bargaining, the meeting of a board w/ its own negotiation team is exempt.
Are meetings with the Union exempt?
No. Out in the sunshine.
Are meetings between Board & Atty public?
Yes UNLESS:
Discussing settlement negotiations or strategy in pending litigation.
Are Board-Atty meetings private when regarding ADR?
No. Mandatory arbitration is not litigation & meetings must be open.
What if Board member reveals info discussed at a ‘shade meeting’?
No violation.
How is the public initially alerted to a shade meeting?
At public meeting, Atty advises he desires to meet w/ Board.
What can be discussed at a shade meeting?
Settlement negotiations or strategy in pending litigation.
Are shade meetings recorded?
Yes by Court reporter.
What must court reporter note for the record?
PUBLIC MTGS
(1) Time commence & terminate.
(2) All discussions & proceedings.
(3) Names of all persons present at any time.
(4) Names of persons speaking.
What portion of a shade meeting is off the record?
None.
What does court reporter do with the recordings?
Transcribe & file w/ clerk within a reasonable time.
What kind of notice is required for a shade meeting?
Reasonable notice of date/time & all persons attending.
What is mechanics of shade meeting?
During a public meeting, chair states publicly that the Board-Atty meeting is starting & who will attend.
When is transcription of a shade meeting made public?
At conclusion of litigation.
What penalty might an elected or qualified for office public official face for a violation of public records or public meetings laws?
Noncriminal infraction w/ fine no more than $500.
What penalty might a Board mbr face for knowingly attending a mtg not held in sunshine.
2nd degree misdemeanor, $500 fine + 60 days + removal.
Are AF appropriate if LG made a good faith mistake in violating the public records laws?
Yes. Good faith mistake does not exempt you from attorney’s fees.
How can a Board member shield herself?
Seek & follow attorney’s opinion.
When might LG get attorneys’ fees over a public record request?
If request was filed in bad faith.
Can a board member email an article/link to the others?
Yes if its one-way communication & is kept as a public record. No response until public meeting.
Can board members discuss a pending item with Staff?
Yes, but cannot use the Staff as a liaison between Board mbrs.
Is a Clerk’s facebook page a public record?
Yes. Presumably done in connection w/ official business, subject to public records & record retention schedule.
Exceptions
PUBLIC MTG RULES ----------- Sued or about to be sued: 1) Settlement negotiations 2) Strategy sessions 3) Expenditures
What still applies despite exceptions?
Minutes have to be taken & available to public after litigation.
Amount of time for notice.
Reasonable notice.
(3 day notice was approved in Rhea v. Gainesville)
Verbatim minutes.
Your minutes need not be verbatim.
So if Q-J, applicant shd know to bring his own reporter.
PUBLIC MTG RULES ---------- The penalty for unintentional violation of sunshine: -- Applies to who? -- Carries what penalty?
PUBLIC MTG RULES
- All POs
- $500 noncriminal.
PUBLIC MTG RULES ---------- A knowing violation of sunshine: -- Applies to who? -- Carries what penalty?
PUBLIC MTG RULES ----------- -- Any mbr of a board or commission. -- 2nd deg misdemeanor. $500 + 60 days + removal.
What is diff in penalties for unknowing violation + knowing violation of sunshine?
PUBLIC MTG RULES ----------- Unknowing: POs, $500 ----------- Knowing: All bd mbrs 2d deg misd, $500 + 60 days + removal.
Where prosecute if violation took place out-of-state?
Home.
If Bd mbr pleads no contest to knowing violation of sunshine, what is his penalty?
No contest is treated as guilty.
$500 + 60 days + removal.
