USF Office of the General Counsel(813) 974-21312008

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The Florida “Open Government” Laws

Florida Statutes, Chapter 286, the “Open Meetings Law,” often referred to as the “Sunshine Law” protects the public from “closed door” decision making and provides a right of access to governmental meetings.

Florida Statutes, Chapter 119, the “Public Records Law,” creates a right of access to records made or received in connection with official business of a public body

The Sunshine Law

Florida Statute Chapter 286 applies to all meetings of “any board or commission of any state agency or authority.” This includes university search committees.

It requires: 1. All meetings of the board must be

open meetings. 2. Reasonable notice of meetings

must be given. 3. Minutes of meetings must be kept.

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Search Committee MEETINGS

must be open to the public to attend include any discussions or deliberations,

formal or casual, between two or more search committee members about a matter on which the Board might foreseeably take action

include workshops, telephone conversations, e-mail communications, off-campus conversations (even if at a social function or event when committee business is discussed)

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Search Committee NOTICE

Reasonable Notice of Meetings Required Reasonable notice is ample notice given

to the public and press which reasonably and timely conveys all information necessary to enable them to choose to attend

“Reasonable” depends upon situation’s circumstances

Meeting may not be held at facility/location inaccessible to public or which discriminates regarding admission/accessibility

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Search Committee Minutes

Minutes must be recorded and open to public inspection

Minutes need not be verbatim--but rather brief summary of meeting’s events

Sound recordings may be used in addition to written minutes, but if used, must be retained – sound recordings are not a standard university practice

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Open Meetings: Voting Requirements

Votes must be publicly taken No secret ballots Roll call vote is not required All members must vote (unless they

have a conflict of interest which has been disclosed) and the minutes must so reflect by recording of the vote or counting a vote for each member

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Sunshine Law: General Requirements

Sunshine Law is broadly construed – exemptions narrowly construed

No use of evasive devices Circulation of written reports Single staff member reporting to each

member what the other members think re: an issue, including information relayed to administrative staff

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Penalties for Noncompliance Second degree misdemeanor to

knowingly violate Sunshine Law Removal from position Fine of up to $500 Reasonable attorneys’ fees Declaratory and injunctive relief Action taken at illegal meeting

invalid

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Public Records Law

Florida Statutes Chapter 119 defines Public Records as

all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material

regardless of physical form or means of transmission

made or received pursuant to law in connection with transaction of official business by the agency Not applicable to truly personal records (e.g. hand written diary notes not communicated to others)

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Public Records Law: Application Public records law applies to USF records including job applications, letters of interest, correspondence, etc.

Applies to all types of records including letters, notes and e-mails

The law is broadly construed and its exemptions narrowly construed

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Public Records: Exemptions USF records which are exempt from

public disclosure generally include: Social Security numbers Medical information Personnel information prior to 7/1/95 Academic evaluation of job performance Disciplinary records while discipline is in

process Student records under FERPA

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Public Records: Generally Requests can be:

Verbal or written Made by any person

USF has a “reasonable” time to respond

USF can charge the cost of retrieving records to the requestor that requires the extensive use of IT resources or USF labor

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Public Records – What is not Required

Does not require the creation of records or provision of records in the format requested

Does not require turning records over on the spot to a requestor

Does not require verbal explanation of records

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Tips for the Search Committee Chair Consider asking a reliable staff member to properly

respond to correspondence, arrange meeting logistics, help respond to public records requests, and keep a copy of official committee records on file, etc.

Sunshine Law still applies even when using outside search firms

Applicant lists are public and routinely requested by the media

Do NOT rank candidates numerically While it is a legal practice, it is not recommended in the public

sector Consider that the rankings have limited utility, are public records

and are available to candidates (successful and not) The better practice is to provide the hiring authority with a group

of qualified names appropriate for further consideration USF could not function without the hours of dedicated

service contributed by Search Committee volunteers and leaders--THANK YOU for your service!

SUMMARY

The Sunshine Law applies to all meetings of USF Search Committees

The Public Records Law applies to the records maintained by USF Search Committees

All University personnel should know the basics of these two laws to ensure our continued compliance

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Have More Questions??

Please ContactThe Office of the General Counsel

CGS 301(813) 974-2131

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