by Joe Wilhelm Jr.
Staff Writer
Some small talk can have a big impact.
That’s why the City Council and its staff attended an annual Sunshine Law Training Seminar at the Main Branch of the Jacksonville Library Friday. The seminar outlined when and where elected officials could talk and the proper documentation needed for those conversations, both before and after they happen.
Council enacted the Jacksonville Sunshine Law Compliance Act in June, 2007 and it requires annual continuing education on Sunshine and Open Meeting Laws for Council members and their assistants.
“This is a very unique program,” said Cynthia Guerra, Florida Deputy Attorney General. “I haven’t seen an entire seminar devoted to the Sunshine Law.”
Guerra was the lead speaker at the seminar and explained the scope of the Sunshine Law, which requires all meetings of public boards or commissions to be open to the public, reasonable notice of these meetings must be given and minutes must be taken during the meetings. These rules apply to “any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation or political subdivision.”
Staff members are not covered under Sunshine Law while they are carrying on their duties as staff, but they cannot be used by an elected official to converse with another elected official.
“Staff cannot act as a conduit for conversation between two elected officials,” said Guerra.
The Sunshine Law pertains to a variety of different forms of conversation including telephone, text messages, computer-generated and video conferencing. If two or more elected or appointed officials from the same entity discuss government business using any of these devices it must be documented and the messages are public information.
The Sunshine Law does not cover social interaction.
“There is the need, at times, for you to have confidentiality and social interaction,” said State Attorney Harry Shorstein, a former City General Counsel. “We don’t want to discourage Council members from interacting with one another.”
There are exceptions to the Sunshine Law when it is allowable for elected officials to meet “in the shade.”
Elected officials can discuss pending litigation with attorneys from OGC concerning settlement negotiations or strategy session related to the litigation. The entire session will be recorded by a certified court reporter and the transcript will become public record at the conclusion of the case.
The City has embraced the idea of a “transparent government” with its Sunshine Law Compliance Act, which pushes the Sunshine Law requirements a little further.
The legislation resulted in requiring contracts to be approved by ordinance instead of resolution. An ordinance requires public hearings before it can be voted on, but a resolution is decided by the council.
“So much clarity has been brought by this process,” said Ronnie Fussell, Council president-elect. “There will be some technological glitches along the way, but we are as transparent as you can get.”