County Manager Resigns From City Utility Committee: "I Don't Want to Violate Florida’s Sunshine Law"
Posted April 7, 2022 08:00 am
Photo: Bru-nO via Pixabay | Columbia County
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COLUMBIA COUNTY, FL – County Manager David Kraus, having already resigned from the City Utility Advisory Committee, is asking for official action from the County 5 to remove both himself and Economic Development Director Glenn Hunter. Today's meeting begins at 9:30 am.
County Manager David Kraus (file)
Yesterday morning, County Manager Kraus told your reporter, “The Sunshine Law keeps me from discussing matters with my economic development director and other members on the committee if these matters will be brought to the committee for a future vote. I don't want to violate [Florida's] the Sunshine Law.”
During the last City Utility Advisory Committee meeting, Mr. Kraus abandoned his seat on the Committee, taking a seat in the audience. Economic Development Director Hunter had not resigned at that time.
City Utility Director Paul Dyal is also on the Committee. Mr. Dyal's membership made discussions about utilities with City Council members and other committee members like Mr. Kraus and Mr. Hunter problematic if these matters would be coming back before the Committee in the future.
City Attorney Fred Koberlein, Jr., attends every committee meeting. He has never cautioned City Utility Advisory Committee members about the violations of the Sunshine Law.
Mr. Koberlein is running for Circuit Court Judge.
Mr. Kraus and the Law
Florida's Sunshine Law has been a bellwether for open government since 1967. Attempts to overturn the "two members of any commission rule" have always failed.
Florida District Court of Appeal cases began weighing in on the law in 1969. Quotes from these cases began appearing in Florida Attorney General Opinions immediately.
The 1967 Government-in-the-Sunshine Law, s. 286.011, F.S., provides that: "(1) All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting."
In 1969, the Second District Court of Appeal wrote: "(1) All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting."
Two or More Members
City Attorney Fred Koberlein never advised the
committee to observe the Sunshine Law. (file)
The court ruled the law refers to two or more members of the same board.
In 1973, the Third District Court of Appeal wrote: “[i]n order for there to be a violation of F.S. s. 286.011, F.S.A., a meeting between two or more public officials must take place which is violative of the statute's spirit, intent, and purpose. The obvious intent of the Government in the Sunshine Law, supra, was to cover any gathering of some of the members of a public board where those members discuss some matters on which foreseeable action may be taken by the board."
What About Social Gatherings
Members of the same board can attend social gatherings as long as they don’t discuss items that will come before them in the foreseeable future.
On Tuesday, City Councilman Todd Sampson sent an email to Mr. Kraus stating that he will be recommending to the City Council that the makeup of the City Utility Advisory Committee be modified. Mr. Sampson will be recommending removing all staff members, leaving just the elected officials on the Committee.
Mr. Sampson wrote, “The staff will still be invited.”
Epilogue
While Lake City's City Attorney ignored the law, County Manager David Kraus took the high road, something which is not always easy to do in Columbia County / Lake City.
