Uncandid DORAN, WOLFE, ANSAY & KUNDID LAWYER LIED TO COMMISSIONER -- Text of July 18th E-mail Falsely Claiming No Discussion With WAMPLER

Date: Wed, 18 Jul 2007 13:02:28 -0400
From: aharris@doranlaw.com
To: xueamcd@bellsouth.net; sundeman@hotmail.com
CC: cansay@doranlaw.com; klavassaur@doranlaw.com
Subject: Sunshine Law question

Commissioner Sundeman:

Ms. Ansay shared with me one of your concerns regarding the July 10, 2007 meeting I attended at the District. The concern was presented as follows:
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"After the meeting was adjourned, Commissioners Bosanko and Wampler and your associate attorney (I'm sorry, I forget her name) stayed at the table and met. I believe that when two commissioners have a meeting with the District's attorney after the regular meeting is adjourned, it is a violation of the FL Sunshine Law. Please advise."
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In response, I did speak with Chairwoman Bosanko after the meeting regarding the activities of that evening, e.g., the call to the police for order during the meeting; however, my conversation did not include Ms. Wampler. I recall her being nearby, packing up her belongings before leaving the meeting, but my conversation was purely limited to Chairwoman Bosanko. >

Even so, please also note that the Sunshine Law applies to a gathering of two or more board members to discuss some matter on which forseeable action will be taken by the board. Hough v. Stembridge, 278 So. 2d 288 Fla. 3d DCA 1973); City of Miami Beach v. Berns, 245 So. 2d 38 (Fla. 1971); Board of Public Instruction of Broward County v. Doran, 224 So. 2d 693 (Fla. 1969); Wolfson v. State, 344 So. 2d 611 (Fla. 2d DCA 1977).

In other words, the simple fact that two or more board members meet does not automatically mean a Sunshine Law violation has occurred. A violation only occurs when the board members discuss a matter which may foreseeably come before the board for action. No such matters were discussed with Chairwoman Bosanko.
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Accordingly, to answer your question, due to the above, there was no violation of the Sunshine Law. If I can be of any further assistance,please do not hesitate to contact me.
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Audrie
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Audrie M. Harris, Esq.
Doran, Wolfe, Ansay & Kundid
444 Seabreeze Boulevard
Suite 800
Daytona Beach, Florida 32115
T-(386)253-1111
F-(386)253-4260
Email: aharris@doranlaw.com

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