Attorney Opines on City's Violation of Sunshine Laws

In my opinion (and, as I see it, in the Florida Attorney General's Opinion 89-39, attached), what the Commissioners did constituted a Sunshine Law violation.

Back and forth electronic communications between commissioners like the ones supplied to me with (even back and forth communications using the city manager as an intermediary) would be, in my opinion (and, as I see it, in the Attorney General's Opinion), a "meeting" for Sunshine Law purposes. Therefore, though the commissioners are allowed to have such a "meeting" electronically, they must treat such a "meeting" the way they would any other "meeting" in terms of notifying the press and public ahead of time, allowing the press and public to view their "meeting" while it is occurring, as well as allowing the public an opportunity to give input into the "meeting" contemporaneously with its occurrence.

In another Opinion (2001-66) the Attorney General laid out the ground rules for such an electronic "meeting." Of note, the Attorney General additionally stated that the governmental authority was required to make computers available to those members of the public who do not have computers of their own so that they can also view the "meeting" as it occurs, as well as give input.

As a side note, any action taken by a city commission in violation of the Sunshine Law is subject to being nullified by the courts. If the courts do nullify the action taken by the commission in violation of the Sunshine Law, the commission must, then, re-consider the matter, again, in its entirety and the re-consideration must be done in complete compliance with the Sunshine Law.

Fred O'Neal