Sunshine laws backbone of good government

by Glenn Ritchey

Letting light shine on the process is a concise definition of the "Sunshine Law" which began in 1909 in Florida with the passage of what now has become known as the Public Records Law, Chapter 119 of the Florida Statutes. Any records made or received by any public agency in the course of official business are available for inspection, unless specifically exempted by the Legislature. Today, public records are not just written documents such as papers, maps and books, but also tapes, photographs, film, sound recordings and computer records.

Florida law requires that all public boards and agencies, at all government levels, which conduct meetings where official business is transacted must be open to the public at all times. If any meeting or discussion is part of a decision-making process, it is governed by the Sunshine Law.

In 1967, Florida's Government-in-the-Sunshine Law was enacted. This law gives the right of access to most meetings of boards, commissions and other governing bodies of state and local governmental agencies or authorities. All votes must be taken in the open and must be recorded and all board or commission members who are present must vote.

Throughout Florida's open government history, courts have supported the public's right of access to governmental meetings and records. The main discussion has centered around deciding and redefining what a public record is and who is covered under the open meetings law. The Government-in-the-Sunshine Law applies to any board or commission of public collegial bodies, within the state, at both the local and state level. It applies equally to elected or appointed boards or commissions. The law applies to any gathering, whether formal or casual, of two or more members of the same board or commission to discuss some matter on which foreseeable action will be taken by the public board or commission.

The City of Daytona Beach has a commission-manager form of government. The commission (consisting of the mayor and six city commissioners) has and exercises power and control through decision-making, establishing policy for the city (legislative function), while the city manager has the responsibility for ensuring that those decisions and policies are carried out (executive function).

Daytona Beach has 25 boards with two of that number consisting of membership from the City Commission. There are 23 citizen participation boards totaling some 200 members. A requirement of most boards is that members be either a resident or have a business in Daytona Beach. All board meetings of the city are covered under the Public Records Law, Chapter 119 and the Government-in-the-Sunshine Law. Most of the boards serve in an advisory capacity.

Because of this citizen involvement and participation, this ensures that the actions taken by the city are not just in the best interest of the city, but also have the support and input of its citizens.

It is my personal belief that the Sunshine Law is good for government and good for the public because it helps to keep the citizens well informed about pertinent issues within our communities, and it instills trust and confidence in government. Open meeting laws prevent elected officials from enacting legislation without addressing public concerns, and public records laws let the public track how their tax dollars are spent.

Today more than 70 countries throughout the world have some form of freedom of information law, which sets rules on access to information or records held by governmental bodies. Although there are state and federal sunshine laws throughout the United States.

Our City Commission meets the first and third Wednesday at 6 p.m. in the City Hall Commission Chambers. Attending these meetings helps citizens familiarize themselves with the issues confronting our city.

Let’s keep the light shining on the process, and I encourage all of our citizens to become more involved in their local government. Together, we can make Daytona Beach an even brighter community!

Glenn Ritchey is mayor of Daytona Beach.

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