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Public-Private Divide
Last Modified: Wednesday, July 9, 2008 at 8:35 a.m.
Circuit Judge Robert Bennett demonstrated both common sense and a concern for Florida's public records law in a recent ruling regarding Venice officials' use of private e-mails to discuss city business.
Bennett's ruling balances the private rights of city officials with the public's right to see public records - which, under Florida law, include any communications about matters defined as public business.
Local public officials and the state's legislators could - and should - learn a lot by watching as the civil case unfolds in a Venice courtroom.
The gist of the story is that a Sarasota County resident, Anthony Lorenzo, sued to obtain the e-mail records of several elected and appointed Venice officials. The e-mails pertained to controversial plans for public land at Venice Municipal Airport.
Florida's Government-in-the-Sunshine Law establishes a basic right of public access to most meetings of councils, boards ,and other governing bodies of state and local governments. One of the law's intents is to prevent officials from discussing public business in private venues.
The state's Public Records Law provides that most records about public business - including electronic records - are supposed to be readily accessible to the public and easily available for inspection.
ANOTHER LOOK
Not all of the records sought in the Venice lawsuit were readily available because some were on the officials' private computers. Worse, some of the officials said they had deleted e-mails that should have been retained.
Judge Bennett agreed to have a computer expert look for public records on the hard drives of the personal computers of officials who say they deleted messages.
Retrieval of the e-mails and the litigation will cost the city money. City Attorney Bob Anderson said last week he would like to see "a finish line" ahead.
The desire to end the litigation is understandable, but city officials started this. Neither the lawsuit nor the fees would be necessary if city officials had followed the letter and spirit of the Sunshine Law and the Public Records Law.
As we've written previously, other government officials would be wise to review whether they are clearly following both laws at a time when widely available technology tends to blur the lines between private and public communication.
Legislators and candidates for the state House and Senate, meanwhile, should take a close look at the Venice case to see what lessons could guide them in a much-needed updating of Florida's laws.
Computers, cell phones and wireless devices have changed the nature of communication, but they haven't diminished the value of Florida's Sunshine and Public Records laws - or the need for officials to consistently follow them.
This story appeared in print on page A6
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