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Public Records & SAC |
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Government in the Sunshine Manual,
A school district is under no statutory obligation to provide copies of public records free of charge to individual members of a school advisory council, but a school district may formulate a policy for the distribution of such records. AGO 99-46. If it is found that the advisory council needs certain school records in order to carry out its statutory functions, such records should be provided to the council in the same manner that records related to agenda items are provided to school board members. Id.If no fee is prescribed elsewhere in the statutes, s.119.07(1)(a), F.S., authorizes the custodian to charge a fee of
up to 15 cents per one-sided copy for copies that are 14 inches by 8½ inches or less. An agency may charge no more than an additional 5 cents for each two-sided duplicated copy. A charge of up to $1.00 per copy may be assessed for a certified copy of a public record.
(Please Note: Refer to the manual for additional clarifications on costs of reproducing records and exceptions...) School Advisory Councils are required to meet all Public Records laws - see ss. 1001.452, (1d) requiring minutes - must abide by all Public Records laws. Minutes and other documents are all subject to review by the public and available for public inspection. |
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Sunshine Law and SAC |
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How does a SAC member abstaining from a vote or leaving a meeting prior to a vote, effect quorums and voting? |
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1. A SAC meeting must have a quorum (51%) to conduct business.
2. If a person has a conflict of interest and abstains, there is still a physical presence which would still fill the quorum count. Example: If you have 10 SAC members, and only 6 showed up for a meeting, you would have a quorum (51% of 10 is 6) to conduct business. Let us say 2 abstain because of direct personal gain (this is the ONLY instance where a SAC member is allowed to abstain), 3 voted yes and 1 voted no...the vote would carry (yes votes win) because a majority of those voting voted for 'yes' and a quorum is present. So, in this specific instance, of a committee of 10, a vote would carry with only 3 affirmations.
3. If a member walked out of a SAC meeting and then there was no longer a quorum present, the vote can NOT be made. If a member walked out of the room and a quorum is still present, the vote may continue without that person's presence.
See AGO Opinion AGO 85-40 |
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May the principal use his secretary or Assistant Principal as a liaison in discussing items for the SAC agenda to the SAC Chair in order to circumvent Sunshine laws? |
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According to the Attorney General of Florida if the Principal is using the AP as a liaison between SAC members and the Principal, this is a no-no. "The courts and this office have also stated that the Sunshine Law is applicable to meetings between a board member and an individual who is not a member of the board when that individual is being used as a liaison between, or to conduct a de facto meeting of, board members."
So if you give the agenda to the AP and the AP gives it to the Principal and the Principal suggests changes and gives it to the AP to give to you, you and the Principal have both violated the Sunshine Laws. |
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When are notes or non-final drafts of agency proposals subject to Ch. 119, F.S.? (personal notes by a board member) |
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According to the Government-in-the-Sunshine Manual, "so-called 'personal' notes can constitute public records if they are intended to communicate, perpetuate or formalize knowledge of some type." For more information, consult the Manual, the law and/or cases cited in the Manual."However, "under chapter 119 public employees' notes to themselves which are designed for their own personal use in remembering certain things do not fall within the definition of 'public record.'" |
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Are SAC subcommittees subject to Sunshine Laws? |
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That depends on the duties assigned to the subcommittee and who are members. If the subcommittee consists of 2 or more SAC members, then that subcommittee must operate within Sunshine Laws & Public Records. But... (taken from Attorney General's website) "When a committee has been established strictly for, and conducts only, fact-finding activities, i.e., strictly information gathering and reporting, the activities of that committee are not subject to s. 286.011, F.S. Cape Publications, Inc. v. City of Palm Bay, 473 So. 2d 222 (Fla. 5th DCA 1985). Accord, AGO 95-06 (when a group, on behalf of a
public entity, functions solely as a fact-finder or information gatherer with no decision-making authority, no "board or commission" subject to the Sunshine Law is created)."
"However, when a committee has a decision-making function in addition to fact-finding, the Sunshine Law is applicable. For example, in Wood v. Marston, the Court recognized that a "search and screen" committee appointed by a university president which was responsible for soliciting and compiling applications for a position "had an admitted 'fact-gathering' role in the solicitation and compilation of applications." 442 So. 2d at 938. But, because the committee "had an equally undisputed decision-making function in screening the applicants," the Sunshine Law was applicable."
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Frequently Asked Questions (FAQ) regarding Sunshine Law
(http://myfloridalegal.com/questions )
(Please Note: These questions and answers are taken directly from the Attorney General's Website to provide quick and easy reference for visitors to this website. |
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Q. I believe that my local public officials are breaking the law or engaging in unethical behavior. What should I do? |
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"You may take your concerns to your region's State Attorney for
alleged illegal behavior. These officials have the authority to
prosecute criminal wrongdoing. Ethical complaints about public officials are the responsibility of The Florida Commission on Ethics. The Commission can be reached at 850-488-7864 or on the web at http://www.ethics.state.fl.us/ " (taken from AG website) |
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Q. Are board members authorized to abstain from voting? |
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(Sunshine 2004 Manual, Page 72, #7)
"Section 286.012, F.S., provides: no member of any state, county or municipal
governmental board, commission, or agency who is present at any meeting of any such body at which an official decision, ruling, or other official act is to be taken or adopted may abstain from voting . . . a vote shall be recorded or counted for each such member present, except when, with respect to any such member, there is, or appears
to be, a possible conflict of interest under . .s.112.311, s.112.313, or s.112.3143" |
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Q. Must written minutes be kept of all sunshine meetings? |
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(2004 Sunshine Manual excerpt, Page 74, #9)
"Section 286.011, F.S., specifically requires that minutes of a meeting of a public board or commission be promptly recorded and open to public inspection." |
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Q. Do we need public notice even though a quorum is not present? |
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(2004 Sunshine Manual excerpt,Page 59 + 60)
"Reasonable public notice is required for all meetings subject to the Sunshine Law. Thus, notice is required for meetings between members of a public board even though a quorum is not present. AGOs 90-56 and 71-346." |
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Q. May members of a public board vote by written or secret ballot? |
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(2004 Sunshine Manual excerpt,Page 72, #6)
Board members are not prohibited from using written ballots to cast a vote as long as the votes are made openly at a public meeting, and the ballots are maintained and made available for public inspection in accordance with the Public Records Act. AGO 73-344. By contrast, a secret ballot violates the Sunshine Law. See,AGO 73-264 (members of a personnel board may not vote by secret ballot during a hearing concerning a public employee). Accord, AGOs 72-326 and 71-32 (board may not use secret ballots to elect the chairman and other officers of the board). |
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Q. Can SAC vote by speakerphone or the internet? |
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For meetings, however, where a quorum is necessary for action to be taken, physical presence of the members making up the quorum would be required in the absence of a statute providing otherwise. Internet access to such meetings, however, may still be offered to provide greater public access. |
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Q. Is there a conflict with the use of alternates and Sunshine Law? |
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"4. A board member and his or her alternate -
Since the alternate is authorized to act only in the absence of a board or commission member, there is no meeting of two individuals who exercise independent decision-making authority at the meeting. There is, in effect, only one decision-making official present. Therefore, a meeting between a board member and his or her alternate
is not subject to the Sunshine Law. AGO 88-45."
(2004 Manual, page 57 #4) |
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Q. Is the Sunshine Law applicable to meetings between a council member and a non-member being used as a liaison to another council member? |
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The Sunshine Law is applicable to meetings between a board member and an individual who is not a member of the board when that individual is being used as a liaison between, or to conduct a de facto meeting of, board members. |
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Q. Would a school faculty meeting where two SAC members are in attendance be subject to the Sunshine Law? |
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SAC/ Sunshine Laws and faculty meetings with 2 or more SAC members (link to opinion)
"Specifically, whether SAC members may participate in general discussions of school issues and whether they may solicit the views, guidance, or direction of fellow faculty or staffers." ......."Accordingly, the individual SAC members who conduct information gathering at faculty meetings would not be subject to the Sunshine Law, as long as the individual member has not been authorized to exercise decision-making authority on behalf of the SAC. The individual members, however, should refrain from using the faculty meeting forum and any fact finding in a manner to communicate with each other regarding SAC business." |
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Q. Can a board vote by secret ballot? |
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No.
The Sunshine law requires that meetings of public boards or commissions be "open to the public at all times." Thus,
use of pre-assigned numbers, codes or secret ballots would violate the law. (taken from Attorney General Website) |
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Q. Can two members of a public board attend social functions together? |
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Yes.
Members of a public board are not prohibited under the Sunshine law from meeting together socially, provided that
matters which may come before the board are not discussed at such gatherings. (taken from Attorney General Website) |
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Q. What are the requirements of the Sunshine law? |
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The Sunshine law requires that 1) meetings of boards or commissions must be open to the public; 2) reasonable notice
of such meetings must be given, and 3) minutes of the meeting must be taken. |
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Q. Are SAC email messages public records? |
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Yes, if they are regarding a decision for SAC. "E-mail" messages made or received by agency employees in connection with official business are public records and subject to disclosure in the absence of an exemption (taken from Attorney General Website). |
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Q. Does the law require that a public meeting be audio taped?
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A. There is no requirement under the Sunshine law that tape recordings be made by a public board or commission, but if they are made, they become public records. (taken from Attorney General Website) |
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Q. As a private citizen, can I videotape a public meeting? |
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A. A public board may not prohibit a citizen from videotaping a public meeting through the use of nondisruptive video recording devices. (taken from Attorney General Website) |
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Q. Can a city restrict a citizen's right to speak at a meeting?
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A. Public agencies are allowed to adopt reasonable rules and regulations which ensure the orderly conduct of a public meeting and which require orderly behavior on the part of the public attending. This includes limiting the amount of time an individual can speak and, when a large number of people attend and wish to speak, requesting that a representative of each side of the issue speak rather than every one present. (taken from Attorney General Website) |
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Q. Where can I find more information on SAC and the
Sunshine Law? |
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Click here for more
information and links on the Sunshine Law. |
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Other questions found on the AG site include: (taken from Attorney General Website) |
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Q. What agency can prosecute violators?
Q. Can I request public documents over the telephone and do I have to tell why I want them?
Q. How much can an agency charge for public documents?
Q. Does an agency have to explain why it denies access to public records?
Q. When does a document sent to a public agency become a public document?
Q. What is a public record?
Q. Can an agency refuse to allow public records to be inspected or copied if requested to do so by the maker or sender of the documents?
Q. How can I find out more about the open meetings and public records laws? |
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Public Records Contact Form |
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This will route your questions or complaint to the Attorney General's Office. Please fill out the form below and click on the "Submit" button. You will receive an electronic confirmation that your complaint or question has been received by this office. When you submit this form, please be aware that all information you provide with your question or complaint may be a matter of public record and is not considered confidential. Please understand that the Attorney General's Office does not give legal advice, and cannot take legal action for you.
http://myfloridalegal.com/Contact.nsf/Contact?OpenForm&Section=Public_Records |
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