EFI refuses to answer questions about Sunshine compliance. Here's my followup E-mail sent today to EFI:
Please reply. Thank you. Your silence is disrespectful and inculpatory. Please note:
Small group discussions at meetings violate the Sunshine laws. As the Florida Attorney General's Government in the Sunshine Manual states:
"discussions ...by members of the board or commission which are audible only to those seated at the table may violate the “openness” requirement of the law. AGO 71-159. Cf. City of Miami Beach v. Berns, 245 so. 2d 38, 41 (Fla. 1971), in which the Florida Supreme Court observed: “a secret meeting occurs when public officials meet at a time and place to avoid being seen or heard by the public.”….a violation of the sunshine law may occur if, during a recess of a public meeting, board members discuss issues before the board in a manner not generally audible to the public attending the meeting. although such a meeting is not clandestine, it nonetheless violates the letter and spirit of the law. Rackleff v. Bishop, no. 89-235 (Fla. 2d Cir. Ct. march 5, 1990). And see AGO 71-159, stating that discussions of public business which are audible only to “a select few” who are at the table with the board members may violate the “openness” requirement of the law.
-----Original Message-----
From: easlavin
To: media
Sent: Fri, Aug 8, 2014 2:08 pm
Subject: Questions re: Sunshine compliance by Enterprise Florida
Good afternoon:
1. Any legal authority under Article I, Section 24 and Florida Sunshine law for EFI's:
A. Denying general public comment yesterday (other than for items on consent agenda)?
B. Small group meetings that are neither televised or audible?
2. If so, please send as PDF or link.
3. Please cease and desist from all further Sunshine violations.
Thank you.
Sincerely,
Ed Slavin
www.cleanupcityofstaugustine.blogspot.com
904-377-4998
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