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Fernandina Beach News Leader
Sun shines on public e-mails
The city of Fernandina Beach has made clear to its employees, elected officials and members of advisory boards that e-mails are subject to state public records and sunshine laws.
" I give up some of my rights sitting on the commission . . . and you do too," Mayor Joe Gerrity told Planning Advisory Board members, some of whom were clearly unaware their e-mails are public records and they are not to use e-mail to discuss issues before them.
Patricia R. Gleason, general counsel for the Florida Office of the Attorney General, made the state's position clear in a response requested by City Attorney Debra Braga.
" The courts have emphasized repeatedly that the Sunshine Law applies to advisory committee members in the same manner as it governs members of appointed and elected boards," Gleason wrote.
" It is clear that communications between board members on matters that concern business of that board should take place only at open public meetings. While this office has concluded that a 'one-way' e-mail communication that is kept as a public record does not violate the Sunshine Law, if a board member responds by e-mail - whether directly or indirectly through a staff member - a violation may occur."
Violations of the Sunshine Law, Gleason reminded, are subject to criminal penalties.
A "one-way" e-mail should be treated as a formal memorandum imparting information. Board members should not respond to it, or then the memo becomes discussion, which is illegal.
J. Peter Wilking, planning board chair, rightly noted that the informality and growing pervasiveness of e-mail makes us all lax. If you or any citizen writes the mayor or another commissioner, a city employee or a member of an advisory board, your letter, fax or e-mail becomes a public record available to anyone who requests to see it.
Florida Attorney General Charlie Crist cautions at the bottom of each of his e-mail memos that any response becomes part of the public record.
In this state, the sun shines on all written communications involving public business.