Florida Times-Union

SUNSHINE WEEK: It's the law

Florida has long been a leader in open government.

As part of that legacy, this is the fifth year that Florida newspapers have been celebrating Sunshine Sunday, now expanded to Sunshine Week. It also has become a national celebration of open government, sponsored by the American Society of Newspaper Editors.

Too often, elected officials in Northeast Florida seem to have a difficult time interpreting the sunshine law. Some seem more interested in looking for loopholes in the law than following the spirit of open government.

The concept is simple. Florida law requires that all the public's business be conducted in the open. That includes discussions, deliberations and decisions between two or more officials.

In a statewide audit of public agencies, Florida newspapers documented that 42 percent of the agencies failed to conform with state public records laws. In general, citizens do not have to put requests in writing or even give a name.

In Jacksonville, some City Council members have had to be reminded that elected officials must not confer with each other on the public's work behind closed doors.

In Nassau County, commissioners have been left to their own devices. Here's a recent scenario:

Following a recent board meeting, Commissioners Jim Higginbotham, Tom Branan and Floyd Vanzant discussed eating breakfast together at a local eatery.

The board had just finished a workshop about raising water rates for those Nassau County residents subscribing to the Nassau-Amelia Utility company. Plans were made for the three to meet.

Vanzant did not make it, and Higginbotham and Branan spent less than 15 minutes with each other. It was strictly social, no government business was discussed, Higginbotham said. If that was the case, no problem, because under Florida law, if two or more elected officials discuss government business, meetings must be open to the public with advance notice given and minutes of the meeting taken.

The amount of schooling that Northeast Florida officials receive on the law is often minimal.

Nassau County Administrator Mike Mahaney and each commissioner receive a Government-in-the-Sunshine Manual when they start with the county, and on occasion handouts. However, there does not seem to be any formal training. Mahaney said commissioners mostly get their training by attending annual conferences where the subject is discussed during hourlong sessions.

All government agencies need to create a formal training program. It should be mandatory, required each year. The program should go into detail about the open records law and the open meetings law. The training program should also address the severe consequences if the law is broken.

In the meantime, public officials should avoid a perception problem.

Reproduced courtesy of the Florida Times-Union.
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