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Town attorney: one‑way council communications aren’t per se illegal but carry Sunshine Law risk
Summary
Town attorney Kurtz advised the Loxahatchee Groves council that one‑way sharing of information by a single member is generally allowed but can become a Sunshine Law violation if recipients respond; councilors debated whether to adopt a formal distribution policy or rely on existing state law.
Town attorney Kurtz briefed the Town of Loxahatchee Groves council on December 16 about whether a single council member may share information with colleagues outside a public meeting.
Kurtz said the practice of one‑way information sharing is not automatically a Sunshine Law violation but becomes “problematic” if responses are exchanged, because reciprocal communication can create an impermissible deliberative process outside a noticed meeting. “The answer is no, but it is problematic, because if there is a response, then you do get into a Sunshine Law violation,” he told the council.
Councilors asked whether the town should codify a formal policy limiting such contacts. Some favored a written rule so time‑sensitive material can be shared through the clerk’s office and placed on an agenda for public discussion; others argued state law and ethics training already set the boundaries and warned against over‑regulation. Kurtz recommended that when a member sends information to colleagues they explicitly request no responses and ask that the material be distributed through the clerk as part of the agenda package.
The discussion also included a legal caution tied to elections: Kurtz cited an older case involving elected‑but‑not‑yet‑sworn individuals and warned that discussing matters concerning someone in that status can create Sunshine Law exposure. Councilors said they would consider language to improve clarity about what to send through staff, how to flag items for future agendas and when to avoid informal replies.
The council did not adopt a formal policy at the meeting; Kurtz and staff were asked to help draft clear distribution practices for future consideration. The item will continue on a future agenda so members can weigh a written policy against relying on the existing statutory rules.
