by Mike Sharkey
Staff Writer
“My favorite part is when they got off all of us and start attacking each other.”
That’s how State Attorney Angela Corey described the state of one of today’s high-tech forms of communication — blogging. The ultra-popular form of communicating may be a hit with teens and adults alike — and protected, for the most part, by the First Amendment — but it is, however, an unacceptable way for elected and appointed officials to sort out public business.
In fact, Facebook, Twitter, LinkedIn and many others may be the wave of the future as far as mass communication goes, but when conducting City business, there are laws that must be followed.
Friday in the Main Library, those laws were reiterated to City Council members, their executive assistants and any other City employee who chose to attend this year’s version of the City’s Sunshine Law and public records training program. Since it was a noticed, open meeting, the general public was welcome to attend as well.
“This is required annual training and continued education under the City’s Sunshine Law Compliance Act,” said General Counsel Rick Mullaney, who acted as host of the four-hour session. “We have been told we have the best training in Florida and we hope to do better this year.
“We have expanded the training to include a session on public records.”
Friday’s training session was also videotaped and will be added in a few days to the OGC’s revamped Web site. Mullaney said the site will be more up-to-date, user-friendly and public documents will be more easily accessible.
“We used to have this as part of orientation (for new Council members) every four years,” said Mullaney. “This is more formal.”
In addition to Corey, the session included Council President Ronnie Fussell, Alexis Lambert of the Florida Attorney General’s Office, Peggy Sidman and Cindy Laquidara of the OGC, Council Director/Secretary Cheryl Brown and Council Auditor Kirk Sherman.
Lambert talked about some of the recent Florida Attorney General opinions that pertained to the Sunshine Law across the state. She also commended Jacksonville for its compliance with the law since a grand jury investigation into Sunshine Law violations two years ago.
“I have had no complaints about Jacksonville yet,” she said, stressing that any meeting between two Council members in which City business is the topic should be accessible to the public.
Lambert also warned against the potential violations associated with blogging.
“If you keep blogging, do not utilize blogs to circumvent Florida’s Sunshine Laws,” she said.
A concern that Sidman clarified is one several Council members face since they are also members of area voluntary boards and commissions. For example, Council members Art Graham and Michael Corrigan are members of the North Florida Transportation and Planning Organization. Graham wondered if the TPO fell under the purview of the State or local Sunshine Laws. Corrigan also wondered about multiple Council members attending, for example, the same Rotary club meeting. Sidman said as long as there isn’t any intent to discuss City business and conversations don’t involve City business, there are no violations.
“The fact that City Council members appear together is not a violation,” she said. “The Sunshine Laws are triggered when there is dialogue back and forth on a matter that comes before City Council.”
Sidman also stressed the Sunshine Laws and State’s public records laws don’t end at the state line and don’t exclude any form of technology. An unnoticed breakfast together in Savannah to discuss City business is as much a violation as trading text messages on a pending ordinance.
“If you are both able to speak French, and you talk about something in French, the Sunshine Laws still apply,” said Sidman. “As technology moves into the future, the Sunshine Laws will apply.”
Corey believes following the Sunshine Laws is a public trust matter as much as anything. She said violations represent “irreparable public injury” and her office will pursue any valid claims that are presented.
“Nobody expects you to be a lawyer, but ignorance of the law is no defense,” said Corey, adding if there is any doubt about whether an action could be construed as a violation of the Sunshine Law there are two easy steps to take: don’t do it or call someone and ask.
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