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City attorney briefs Air Park Advisory Board on Sunshine Law and board authority
Summary
City staff told the Air Park Advisory Board that FloridaStatutes chapter 286 and the city code limit what appointed advisory members may do outside public meetings and explained practical steps to avoid Sunshine Law violations.
The cityclerk and city attorney told members of the Air Park Advisory Board on May 15 that Floridaopen-meeting law and local code limit what advisory members can do outside a noticed public meeting.
City Clerk Rosemary Call told members the board was established on 12/05/2002 and "has the authority to recommend action to council as it relates to the maintenance or operation of the air park," but that because the board has no independent budget it cannot unilaterally initiate studies without council approval.
Senior Assistant City Attorney Michael Ferruino reviewed the state Sunshine Law, codified at Florida Statutes chapter 286, and warned that "a Sunshine violation occurs when two or more board or commission members meet to discuss an item which may come before that board or commission for action outside of the public meeting." He said informal contacts can qualify as a meeting under the law and gave examples including text messages or phone calls that discuss board business.
Ferruino described potential consequences for knowing violations, including criminal penalties for some willful violations (classified in the statute as a second-degree misdemeanor), removal from office and civil lawsuits that can void board actions and expose members to attorney-fee awards.
Board members asked about contacts during an RFP and whether individual members may talk with private parties such as the airportlessee. Ferruino said an individual may speak as a private citizen but must not present or imply they speak for the board; he advised avoiding private contacts during active procurement periods and, if board members do speak with interested parties about matters that may later come before the board, documenting the contact on the record and following the city's disclosure process.
Staff reiterated a practical rule: forward correspondence or community feedback to the board liaison (Eric Gandy) rather than replying to a group, since "reply all" or a staff-mediated chain of responses can create an inadvertent multi-member communication. Call distributed a booklet on the state's ethics and Sunshine rules and a city attorney memo on advisory boards and public records.
Board members received guidance that socializing together is permitted, but members should not discuss matters that could come before the board while they are together. Staff emphasized the safe-course default: "if in doubt, don't do it."
