Inweekly contacted the Florida First Amendment Foundation, a non-profit considered to be the authority of Florida’s Sunshine Law, and asked whether Mayor-Elect D.C. Reeves’ transition team must follow the open meetings and public record requirements of the state statute.
And the answer is yes. Reeves must follow the Sunshine Law, even though he won’t take office until late November. Plus, the transition team must do it also.
Daniela Abratt of the Thomas & LoCicero law firm in Fort Lauderdale helps the foundation with its hotline.
She said, “The Sunshine Law explicitly applies to people elected to office but who have not taken office yet: ‘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, including meetings with or attended by any person elected to such board or commission, but who has not yet taken office, at which official acts are to be taken are declared to be public meetings open to the public at all times…,'” – Fla. Stat. s. 286.011(1)
As far as the transition, the opinion she mentioned is here.
“Essentially, the Attorney General’s office explains that courts have found that committees comprised of private citizens whose purpose is to make recommendations to the mayor would be subject to the Sunshine Law,” Abratt said . “This provides support for the idea that the transition team appointed by the mayor-elect would similarly be subject to the Sunshine Law.”
We’ve reached out to Reeves for comment. He texted, “Had a meeting with Charlie about this yesterday. Like deja vu from four years ago, it’s a gray area – more details to it – but safest to operate in most likely. Capt. Kinsella is in Ireland but will discuss with him Tuesday.”
The mayor-elect added, “But we’re prepared to operate in Sunshine, we’re comfortable with it. I worked with city to do it four years ago, and we are certainly as prepared as any team would be to do it again.”
Before anyone goes down that road, I think it would be helpful if Robinson had the Florida First Amendment Foundation independently review the work of the 2019 transition team to include the treasure trove of e-mails, text messages and meeting notes to very honestly determine if it truly did operate in the Sunshine. I very much doubt it did based on what I saw and heard in 2019 and to include from people meeting with team members. For sure, the very sketchy 2019 transition team documents posted to the city’s website do not hint at a concerted effort to be transparent. Holding some meetings in public is not the same as operating in the Sunshine. A better way forward this time would be for the City Council to take the lead and set-up its own transition team to operate say from January to June. That sets up it and the Mayor for success in the next budget cycle ensuring that the next budget directly supports an actual strategic plan. Let each new Council member pick two people from their districts and let Reeves pick seven people one from each district. If that became the normal model, it would ensure that each new mayor got off to a very good start in concert with the Council that exercises many times more political power than a Mayor who only exercises powers specifically granted by state law, the Charter or ordinance and resolution. Reeves should insist on undated resignation letters from all at-will city staffers. I can’t think of many Senior Executive Service Group members worth keeping. Reeves should insist that they all be city residents. If I were Reeves, I would also meet with other agency heads to include Escambia County, ECUA, Sheriff, Clerk of the Court & Comptroller to identify what functions and services they could provide at a higher level of service or lower cost, or maybe even both. Just FYI also, here’s an interesting link:
https://floridapolitics.com/archives/184742-inside-the-lenny-curry-mayoral-transition/