Thursday, September 2, 2010

But Wait...The City Is Not A Party To The Recall Lawsuit, So...

So, assuming it happened, was this evening's closed door session regarding the recall litigation proper?

The applicable portion of the Sunshine Law, Florida Statute 286.011(8), says in pertinent part:

“…any board or commission of any…municipal corporation… and the chief administrative or executive officer of the governmental entity, may meet in private with the entity’s attorney to discuss pending litigation to which the entity is presently a party before a court…” (emphasis added).

Neither The City of Anna Maria, it's commission nor its mayor are "presently a party" to the recall lawsuit.

But, you say, City Clerk Alice Baird is a party to the lawsuit and she works for and represents the city so it must be okay, correct? Courts have historically interpreted Florida's sunshine laws very strictly. So, strictly speaking the answer is no, it is not okay. The question will be what are the consequences, if any?

We're sure to find out. Soon.

(**Update: 11:00 p.m. - No consequence if no "action" was taken in the closed meeting.)

Stay informed.

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