Orlando Sentinel

Winter Park’s 1-on-1 meetings undermine ‘Sunshine’ laws

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A recent back-andforth between the First Amendment Foundation and Winter Park city officials has highlighte­d a troubling issue for supporters of Florida’s “Government in the Sunshine” laws: the questionab­le legality of one-on-one meetings between elected officials.

Winter Park Mayor Steve Leary, referring to his meeting with Commission­er Gregory Seidel on Nov. 29 and Seidel’s one-on-one with Commission­er Pete Weldon on Nov. 14, says the meetings complied with the “Sunshine” laws: They were publicly noticed, open to the public and tape-recorded for posting on the city’s website.

Such meetings, Leary told the Orlando Sentinel, are an “efficient” way for him to “understand where my counterpar­t is coming from.” And to FAF President Barbara Petersen, who called such meetings “bad public policy,” Leary said this:

“[These meetings] are perfectly legal and in no way impair our constituen­ts’ opportunit­y to know what we are thinking and discussing.”

But a look at the details surroundin­g the meetings shows why Leary’s defense is, at best, problemati­c. Consider:

The Nov. 29 meeting began on 8:30 a.m. on a Thursday; the Nov. 14 meeting at 9 a.m. on a Tuesday. Anyone with a daytime job would have had to make special arrangemen­ts to attend — and almost no one did.

There was no posted agenda; the notice simply stated that “current city issues” would be discussed. And as of Monday, no minutes of either meeting had been prepared.

The audio recordings, while not required by law, had significan­t failures. The Nov. 14 recording features a 10-minute gap, among other problems. During the Nov. 29 meeting, audience members complained for more than 30 seconds that they couldn’t hear Leary and Seidel; neither could anyone listening to the tape.

But these specifics shouldn’t obscure a broader point: one-onone meetings undermine the reason the “Sunshine” laws were enacted in the first place.

In the very first court test of the “Sunshine” laws in 1969, Supreme Court Justice James C. Adkins Jr. declared that the public had an “inalienabl­e right to be present and to be heard at

wherein decisions affecting the public are being made.” (Emphasis added.)

In other words, it’s not enough to let the public in to witness a commission’s final vote on an issue. “Government in the Sunshine” means that the public has the right to watch the deliberati­ons — the back-and-forth debate among the elected officials — that determine the outcome of the actual vote.

And that, in turn, means that any advocacy — for or against — should be spontaneou­s, not worked out in advance in “efficient” one-on-one meetings.

Sure, it’s easier for any elected official to know beforehand where his fellow commission­ers are coming from.

It’s even more “efficient” to shut citizens out of the process entirely. Which is exactly what a proliferat­ion of one-on-one meetings, held at inconvenie­nt times with cursory notice and agendas, threatens to do.

And that’s why Leary and his commission­ers should stop them — now.

 ?? My Word: ?? Bob Shaw, a retired Orlando Sentinel editor, is a past chairman and current board member of the First Amendment Foundation.
My Word: Bob Shaw, a retired Orlando Sentinel editor, is a past chairman and current board member of the First Amendment Foundation.

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