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City attorney briefs Historic Preservation Board on Sunshine Law, public records and social media risks
Summary
City Attorney West told the Palatka Historic Preservation Board May 7 that Florida's Sunshine Law requires open meetings, reasonable notice and public minutes, warned that social media and emails may be public records, and urged disclosure of ex parte contacts to avoid personal penalties.
City Attorney Miss West delivered a short, practical refresher on Florida's Government in the Sunshine Act and the public records law to the Palatka Historic Preservation Board on May 7.
West said the Sunshine Law requires three core elements: meetings of public boards must be open to the public, reasonable notice must be provided, and minutes must be prepared and available for inspection. She advised board members to avoid discussing upcoming agenda items in off‑record conversations and to disclose any ex parte communications with applicants, saying "If you've had any communication with an applicant about any matter that's on this agenda, that would be considered an ex parte communication ... you need to disclose it." She added, "Do not talk about upcoming agenda items is what I would advise, unless, of course, you do have questions about the agenda item."
West also reviewed Florida's public records law, noting its breadth and the practical implication that social media posts about city business could be subject to public records requests: "Facebook posts could be potentially subject to public records requests if they pertain to matters that the city business is engaged in." She reminded the board that public records requests should be directed to the city clerk (Karen Hayes) so the clerk can acknowledge and forward requests to the appropriate department for processing.
West warned of significant penalties for violations that can include civil suits, personal liabilities and even criminal penalties, concluding that board members should consult staff or the city attorney when in doubt.
The presentation was informational; no formal action was taken on the Sunshine Law material.
