Town attorney briefs commission on Sunshine Law, ex parte contacts and public records; two-hour training scheduled Oct. 22

Town Attorney Nancy Stuprich and Town Clerk Amy provided the commission an overview of Florida’s Sunshine Law and public records obligations, explaining common pitfalls and announcing a two-hour training session for advisory committees on Oct. 22.

Stuprich said the Sunshine Law requires that conversations among two or more commissioners about matters reasonably expected to come before the commission must occur in a public meeting. She described risks tied to the appearance of private discussions and advised members to avoid using staff as intermediaries for communicating anticipated votes. Stuprich explained that advisory committees should avoid side conversations that could be perceived as violating the Sunshine Law and recommended, when two members meet outside a public meeting, having a disinterested witness present if the subject could become foreseeable to the commission.

On ex parte communications, Stuprich said those issues typically arise in quasi-judicial hearings that affect private property rights; the commission’s task is advisory and not quasi-judicial, but she reviewed disclosure practices used in hearings to explain why such contacts are controlled in other forums.

Town Clerk Amy reviewed public-records practice: broad definitions of records include emails, texts and other communications, and staff must review and produce requested documents; broad or poorly worded requests can require extensive review and may carry fees. Amy said the town will record the Oct. 22 session and distribute materials for those unable to attend.

The commission acknowledged the guidance and scheduled follow-up training; members were instructed to treat messages and notes carefully and to consult staff about public-records or Sunshine Law questions between meetings.