Since 1967, Florida state law
(FS 286) mandates that when two members of the same public board meet to discuss "some matter on which foreseeable action will be taken by the public board or commission", the meeting
must be open to the public.
This is apparently a foreign concept to the Republican National Convention, or at least their convention site selection committee.
But first, a little background...
Tampa is one of four contenders to host the Republican National Convention for the 2008 Presidential election. Boosters tout a possible $150 million benefit to hosting the RNC, but when pressed, had to admit that the numbers had no basis in reality. Economists that study the impact of such national events to host cities say that a more realistic number could be as low as 1/10th that- $15 million.
What will be the price tag for an admittedly amorphous benefit? The estimates look something like this:
- $39-million: Private fundraising.
- $85-million: Federal, state and local taxes, including:
- $9-million from the Hillsborough Country Tourist Development Council.
- $15-million from the Florida Legislature.n
- $42-million from the federal government.
- $19-million: Public direct and in-kind services from the state, city of Tampa and other local governments.
So, 2/3 of the bill, $85 million dollars, is taxpayer money. Accomodating an estimated half a million protesters was waved off by local GOP moneyman and head of Tampa's RNC bid committee Al Austin, claiming that it can be "easily" handled by troops from nearby Mac Dill Air Force Base. "They're the ones fighting the war on terror," he said. (Get that, boys and girls? You're terrorists!)
Now, back to our story...
Sunday, the site selection committe from the RNC comes to town to discuss Tampa's bid. Monday morning, the Tampa Bay Convention and Visitors Bureau is hosting a breakfast for them, to include the city council, mayor, and county commission. Not only are these elected officials invited to break fast with the RNC committee, they are also invited to accompany them to lunch, and then a cruise of the bay and dessert on a local dinner cruise yacht.
Guess what? Neither the public NOR the press are invited to any of these soirees.
And there lies the rub. Because, in between bouts of corruption, we managed to get a nice little law on the books down here, later solidified as an amendment to the state constitution. Called the "Government in the Sunshine" Law, or more commonly, the "Sunshine Law", it states:
- meetings of boards or commissions must be open to the public;
- reasonable notice of such meetings must be given, and
- minutes of the meeting must be taken.
("Meetings" means two or more people from the same board or commission.)
So, who does this apply to? According the the Attorney General's office, "[A]ny board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation or political subdivision." Thus, it applies to public collegial bodies within the state at both the local as well as state level. It applies equally to elected or appointed boards or commissions. "
Whoops, looks like the City Council and County Commission kinda fall under that heading. Now, as referenced above,if Tampa is awarded the RNC, both the city and county will have to vote to donate not only taxpayer dollars, but in-kind services as well. Looks like we have the "some matter on which foreseeable action will be taken by the public board or commission" part covered, too.
Any guess as to why the RNC convention selection committtee wants to keep their <strike>shake-down of</strike> meetings with local officials in the smoke-filled rooms?
At least some of our elected officials, even the Republicans, live in the reality-based world. When the Tampa Tribune advised city councilwoman Rose Ferlita(R) that both the public and the press were being excluded from these events, she responded "If the media has been excluded, I will retract my RSVP to the event. I am uncomfortable with the way this is being handled." Mayor Pam Iorio, a Democrat, gets a little mealy-mouthed when asked about her attendence, even though the city attorney has suggested city council members not attend unless the event is advertised in advance and open to the public. Mayor Iorio (who, as supervisor of elections gave us touch-screen voting machines with NO paper trail) vows to "discuss" the matter with the president of the convention bureau (whose lawyer has opined that the meetings are not a violation of the Sunshine law, but refuses to elaborate). Iorio says "Sometimes you're not sure what might be discussed in the future."
Really, Pam? You think that there is only a possibility that you and the city council might discuss your city's bid for the GOP convention in the future?
County Commissioner Mark Sharpe (R) is also waffling. He has to "learn more" before deciding whether to attend. The county attorney has advised council members that attend the event to not talk about anything that might come up for a vote later.
Let's see what kind of fire our city and county officials are playing with. You can read along on pages 81-87 of the Abridged Electronic Edition of the Government-in-the-Sunshine Manual, downloadable here on the Florida Attorney General's website.
- Criminal Penalties
"Any member of a board or commission or of any state agency or authority of a county, municipal corporation, or political subdivision who knowingly violates the Sunshine Law is guilty of a misdemeanor of the second degree. Section 286.011(3)(b), F.S." ($500 fine and/or up to 60 days in JAIL.) Interesting note: This also applies to meetings conducted OUTSIDE the state.
- Removal From Office
If convicted, the officer may be removed from office by executive order of the Governor. Section 112.52(3), F.S. A person who pleads guilty or nolo contendere or who is found guilty is, for purposes of s.112.52, F.S., deemed to have been convicted, notwithstanding the suspension of sentence or the withholding of adjudication. (When a method for removal from office is not otherwise provided by the Constitution or by law)
- Noncriminal Infractions
Section 286.011(3)(a), F.S., imposes noncriminal penalties
for violations of the Sunshine Law by providing that any public officer violating the provisions of the Sunshine Law is guilty of a noncriminal infraction, punishable by a fine not exceeding $500. The state attorney may pursue such actions on behalf of the state. AGO 91-38.
If a nonprofit corporation is subject to the Sunshine Law,
the members of the corporation's board of directors constitute "public officers" for purposes of s. 286.011(3)(a), F.S. AGO 98-21.
- Attorney's fees
Reasonable attorney's fees will be assessed against a board
or commission found to have violated the Sunshine Law. Section 286.011(4), F.S.
But wait! It gets even better!
- Civil actions for injunctive or declaratory relief
Section 286.011(2), F.S., states that the circuit courts have jurisdiction to issue injunctions upon application by any citizen of this state. The burden of prevailing in such actions has been significantly eased by the judiciary in sunshine cases. While normally irreparable injury must be proved by the plaintiff before an injunction may be issued, in Sunshine Law cases the mere showing that the law has been violated constitutes "irreparable public injury."
- Validity of action taken in violation of the Sunshine Law and subsequent corrective action
Section 286.011, F.S., provides that no resolution, rule,
regulation or formal action shall be considered binding except astaken or made at an open meeting.
Recognizing that the Sunshine Law should be construed so as
to frustrate all evasive devices, the courts have held that
action taken in violation of the law is void ab initio.