Sunshine

Question 1

What 3 items are the hallmark standard for public meetings?

Answer 1

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.

Question 2

When might a Board meeting be exempt?

Answer 2

Collective bargaining, the meeting of a board w/ its own negotiation team is exempt.

Question 3

Are meetings with the Union exempt?

Answer 3

No. Out in the sunshine.

Question 4

Are meetings between Board & Atty public?

Answer 4

Yes UNLESS:
Discussing settlement negotiations or strategy in pending litigation.

Question 5

Are Board-Atty meetings private when regarding ADR?

Answer 5

No. Mandatory arbitration is not litigation & meetings must be open.

Question 6

What if Board member reveals info discussed at a ‘shade meeting’?

Answer 6

No violation.

Question 7

How is the public initially alerted to a shade meeting?

Answer 7

At public meeting, Atty advises he desires to meet w/ Board.

Question 8

What can be discussed at a shade meeting?

Answer 8

Settlement negotiations or strategy in pending litigation.

Question 9

Are shade meetings recorded?

Answer 9

Yes by Court reporter.

Question 10

What must court reporter note for the record?

Answer 10

(1) Time commence & terminate.
(2) All discussions & proceedings.
(3) Names of all persons present at any time.
(4) Names of persons speaking.

Question 11

What portion of a shade meeting is off the record?

Answer 11

None.

Question 12

What does court reporter do with the recordings?

Answer 12

Transcribe & file w/ clerk within a reasonable time.

Question 13

What kind of notice is required for a shade meeting?

Answer 13

Reasonable notice of date/time & all persons attending.

Question 14

What is mechanics of shade meeting?

Answer 14

During a public meeting, chair states publicly that the Board-Atty meeting is starting & who will attend.

Question 15

When is transcription of a shade meeting made public?

Answer 15

At conclusion of litigation.

Question 16

What penalty might an elected or qualified for office public official face for a violation of public records or public meetings laws?
—
A) Unknowing.
B) Knowing.

Answer 16

A) Noncriminal infraction w/ fine no more than $500.

B) 2nd deg misdemeanor, $500 + 60 days + removal.

Question 17

What penalty might a Board mbr face for knowingly attending a mtg not held in sunshine.

Answer 17

2nd degree misdemeanor, $500 fine + 60 days + removal.

Question 18

Are AF appropriate if LG made a good faith mistake in violating the public records laws?

Answer 18

Yes. Good faith mistake does not exempt you from attorney’s fees.

Question 19

How can a Board member shield herself?

Answer 19

Seek & follow attorney’s opinion.

Question 20

When might LG get attorneys’ fees over a public record request?

Answer 20

If request was filed in bad faith.

Question 21

Can a board member email an article/link to the others?

Answer 21

Yes if its one-way communication & is kept as a public record. No response until public meeting.

Question 22

Can board members discuss a pending item with Staff?

Answer 22

Yes, but cannot use the Staff as a liaison between Board mbrs.

Question 23

Is a Clerk’s facebook page a public record?

Answer 23

Yes. Presumably done in connection w/ official business, subject to public records & record retention schedule.

Question 24

Exceptions

Answer 24

Sued or about to be sued:
1) Settlement negotiations
2) Strategy sessions
3) Expenditures

Question 25

What still applies despite exceptions?

Answer 25

Minutes have to be taken & available to public after litigation.

Question 26

Amount of time for notice.

Answer 26

Reasonable notice.
(3 day notice was approved in Rhea v. Gainesville)

Question 27

Verbatim minutes.

Answer 27

Your minutes need not be verbatim.
So if Q-J, applicant shd know to bring his own reporter.

Question 28

The penalty for unintentional violation of sunshine:
– Applies to who?
– Carries what penalty?

Answer 28

– All POs
– $500 noncriminal.

Question 29

A knowing violation of sunshine:
– Applies to who?
– Carries what penalty?

Answer 29

– Any mbr of a board or commission.
– 2nd deg misdemeanor.
$500 + 60 days + removal.

Question 30

What is diff in penalties for unknowing violation + knowing violation of sunshine?

Answer 30

Unknowing: POs, $500
———–
Knowing: All bd mbrs
2d deg misd, $500 + 60 days + removal.

Question 31

Where prosecute if violation took place out-of-state?

Answer 31

Home.

Question 32

If Bd mbr pleads no contest to knowing violation of sunshine, what is his penalty?

Answer 32

No contest is treated as guilty.
$500 + 60 days + removal.