Media Prompts Sunshine Law Mediation

Florida's Governor and cabinet members will mediate their differences next week in Tallahassee with more than a dozen news outlets in a lawsuit accusing officials of violating Florida's Sunshine Law. The mediation postpones a scheduled videotaped deposition of the recently ousted commissioner of the Florida Department of Law Enforcement (FDLE). The sudden dismissal triggered the lawsuit, leading to a series of reforms designed to improve cabinet oversight of state agencies. Former FDLE Commissioner, Gerald Bailey, will likely repeat allegations of political interference by gubernatorial campaign staff and state officials who secretly arranged his ouster. Reportedly, news outlets will seek that high-level state officials post all text messages and emails on the state-run "Project Sunburst" website and to permanently prohibit state officials from using private email accounts to conduct public business. Media editors plan to attend the ironically confidential mediation session in the case on April 22, 2015. A former Florida Supreme Court justice has been brought in to mediate the lawsuit. Additional items up for negotiation are the adoption of policies to keep cabinet proceedings covered by the Sunshine Law, including a return to the recording and broadcasting aides' meetings. The parties will also discuss a prohibition on using liaisons or conduits to communicate about any official business. Finally, the suit seeks to void the appointment of Rick Swearingen, current head of the Florida Department of Law Enforcement, and to conduct a full and open process to appoint a permanent leader. Discussions are to include the formation of an Open Government Commission, similar to the Ethics Commission, with the power to investigate alleged Sunshine Law violations. As Justice Brandeis once quipped, "Sunlight is said to be the best of disinfectants." Read more here-- http://bit.ly/1bbuGsn and http://bit.ly/1b5ElQy and see http://www.flgov.com/sunburst

Orange County Commission Textgate Settlement

Following fines arising from a criminal investigation of Orange County's mayor and four commissioners for deleting text messages linked to a paid sick time vote, a civil suit was settled with Citizens for a Greater Orange County. That coalition fought for a referendum opposed by county officials and local tourism interests. In a circuit civil action, the group claimed open government violations when elected officials deleted phone text messages that were public records. During their regular meeting, commissioners were seen texting from this dais just before voting to block the issue from reaching the ballot. Mayor Jacobs and Commissioners Boyd, Brummer, Thompson and Martinez, each agreed to pay a $500 civil fine as a result of the criminal probe, with no admission of wrongdoing. The recent settlement disclosed in the civil case similarly avoids any admission of wrongdoing and was apparently made to avoid added litigation costs. The $90,000 deal reportedly covers the plaintiffs' lawyer, court and record request costs, while the county's outside legal bill in defending the civil case is over $150,000. Last year, Florida's legislature passed a law that prohibits cities from forcing businesses to offer paid sick time. See stories here-- http://bit.ly/1akOZ2n and http://bit.ly/1a465Uz