County Commissioner Andy Dance is concerned about the commission’s habit–unique among local governments–of holding special meetings and votes immediately after workshops, a habit that lacks transparency. As they have when he’s raised procedural issues before, Dance’s colleagues shrugged off the concern.
sunshine law
Judge Weighs How Far Marcy’s Law Protecting Victims May Go to Shield Cops’ Identities
The city of Tallahassee and media organizations on Monday tried to persuade a circuit judge that a 2018 constitutional amendment aimed at protecting victims’ rights does not allow police officers involved in use-of-force incidents to keep their identities secret.
School Board: Don’t Boot Out 4 Advisory Panel Citizens in Superintendent Search Because of Conklin’s Application
Stephen Furnari is one of the Conklin appointees to the Citizens Advisory Committee, and a representative of the ESE community. But he and three other Conklin appointees are being excluded from the committee now that Conklin is applying for superintendent.
Kimberle Weeks Appeals 8 Felony Convictions, Alleging Court Errors Warrant a New Trial
Kimberle Weeks, the former Flagler elections supervisor convicted on eight felony counts of illegally recording conversations, filed the initial brief to her appeal with the Fifth District Court of Appeal almost 14 months after her trial.
Barbara Petersen, Fierce Open Government Advocate for 25 Years, Is Stepping Down From First Amendment Foundation
Barbara Petersen’s retirement from the First Amendment Foundation, after 25 years, takes place as legislators have piled up 1,122 exemptions to Florida’s open government laws.
Balking at Proposed Tax Increase, County Commissioners Offer Alternatives Outside of Public Meeting
Flagler County commissioners want to cut a proposed budget increase but didn’t do so at a workshop, and plan to offer their suggestions outside of budget workshops.
Bunnell Short-Lists Six Men For City Manager, But May Have Violated Sunshine Law
The Bunnell City Commission short-listed six city manager candidates out of 18 outside of a public meeting, a method courts have found to violate the Sunshine law.
The Selling of Palm Coast:
Mayor’s State of the City Speech: $40 a Plate, Sponsors Sought, Profits Go To The Observer
Palm Coast Mayor Milissa Holland headlines a State of the City event at the city’s new community center in April, but for $40 a ticket. The for profit event is produced by the Observer, which will take all earnings.
Charges Against Ex-Elections Supervisor Weeks Reduced to Five, But Warrant Stands
In almost two years of wrangling ex-Elections Supervisor Kim Weeks’s lawyers have reduced the 12 felony counts against her to five, but there appears little room left before either a trial or an out-of-court settlement.
Lawmakers Back Secrecy for Murder Witnesses
Witnesses’ identifying information would remain secret for two years after the date of the incidents, except to prosecutors and police.
Kim Weeks’s Lawyers Seek to End Case Against Ex-Supervisor In Double-Barreled Attack
Lawyers for ex-Supervisor of Elections Kimberle Weeks spent much of today arguing before a judge two motions that would, if successful, end the nearly two-year-old felony case. Weeks is accused of making illegal recordings.
New School Board Chairman Trevor Tucker Calls For, and Gets, Half As Many Meetings
Relying on a faulty analogy with Duval County schools, Flagler County School Board Chairman Trevor Tucker wants the number of meetings cut from four to two per month, but wants these to be meatier than they’ve been. The board gave its guarded approval.
A Rape in Palm Coast, a Shooting in Flagler Beach, Yet Sheriff’s Office Suppresses All But Trickle of Information
In a 24-hour span on Sept. 6, a woman reported twice being raped and a man reported being shot in separate incidents, both ending up at Florida Hospital Flagler, yet the sheriff’s office is suppressing all but a trickle of information on either case.
Florida Continues to Suppress Lethal-Injection Records in Face of Challenge by Death Row Inmates
Lawyers for seven Death Row inmates and the First Amendment Coalition of Arizona in June filed a subpoena seeking years of records related to Florida’s triple-drug lethal injection protocol, including the types of drugs purchased, the strengths and amounts of the drugs, the expiration dates of the drugs and the names of suppliers.
The Mostly Bogus Case Against Kimberle Weeks
Ex-Elections Supervisor Kimberle Weeks was the most combative, distasteful, deceptive and ethically suspect elected official in the county, but she did not break the law with most of the “secret” recordings she made, contrary to the laundry list of felony counts against her.
From DCF to Pam Bondi, Nothing But Contempt for Florida’s Sunshine Law
It’s been decades since Florida had an elected statewide official who paid much more than lip service to open government, and state and local agencies are taking advantage, showing more contempt than respect for the law, argues Florence Snyder.
Victory for Sunshine Law Rather Than Weeks as Judge Tosses 3 of 12 Charges Against Ex-Elections Supervisor
A judge ruled that three of the 12 felony counts against Kimberle Weeks related to a recording that had already been disclosed at a public meeting. Sharing the recording therefore could not illegal after that, even if the recording itself was.
Media and Orlando Go to Court Over City’s Censoring of Massacre’s 911 Calls
The city of Orlando wants the court to help determine how to handle the unreleased portions of 911 emergency communications involving the June 12 massacre at the Pulse nightclub.
Public Agencies That Violate Sunshine Law Must Pay Attorney’s Fees, Supreme Court Rules
Justices rejected arguments that agencies should be shielded from paying plaintiffs’ legal fees if public-records requests are handled in “good faith.”
Kimberle Weeks Makes a Court Appearance In Hearing That Illustrates Extent of Secret Recordings
The hearing addressed various technical motions, but also featured the testimony of an FDLE investigator that delved into the breadth and nature of Weeks’s recordings, which her defense attorney strived to show were not made illegally.
Citing Overreach, Senate Kills Public Record Exemption for Hunters’ Personal Information
Barbara Petersen, president of the First Amendment Foundation, welcomed the defeat of the bill, which she labeled “the Ted Nugent Act” because of publicity surrounding a bear hunt last year.
Against Mayor’s Opposition, Palm Coast Council Discovers Public Input at Workshops
For the first time in 17 years the Palm Coast City Council will join other local governments in allowing public participation at council workshops, where most of the decisions are made, not just at “regular” meetings.
Family of Corey Jones, Killed by Cop, Calls For Regulation of Police Body Cameras
A musician, Corey Jones was fatally shot by a plainclothes Palm Beach Gardens officer when his car broke down on Interstate 95 in the early morning after a gig. The officer, who was driving an unmarked van, has since been fired.
In Case Against Kimberle Weeks, Tactical Motions Lead to Likely Turning Point in March
Ex-Elections Supervisor Kim Weeks’s attorney wants three separate trials on 12 felony counts, and to suppress a search warrant–a motion which, if granted, would unravel the case against Weeks.
Rick Scott, 1st-Ever Florida Governor Successfully Sued Over Sunshine Law, Settles for $700,000 in Taxpayer Dollars
The suit alleged Gov. Scott and his staff, violated the Sunshine law when they created email accounts to shield their communications from state public records laws and then withheld the documents.
Ex-Supervisor Kimberle Weeks Billed Taxpayers $12,500 For 3 Lawyers and Misled Media
The bills include $5,000 to defend herself in a state investigation that resulted, after she resigned, in 12 felony counts against her. She charged the bills to taxpayers.
Reporter Kicked Out: When Public Officials Abuse Florida’s Sunshine Law, With Lawmakers’ Blessing
A “health district” run by public officials closes a public meeting under a bogus exemption to the Sunshine law, and gets a blank check to secretly talk about whatever it wishes, though it affects public policy.
Flagler Court Clerk Throws a Switch, and Mass of Criminal and Civil Records Becomes Accessible Online
Flagler County court records, from arrest affidavits to civil, criminal, county and probate court are now all available online, 24 hours a day, in a vast improvement of public record access ordered by the Florida Supreme Court.
Senate Panel Easily Clears Bill Granting Secrecy to Top College and University Job Applicants
The Senate Higher Education Committee voted 7-2 to approve the measure (SB 182), which would exempt information about applicants for the jobs of president, provost or dean from the state’s open-records laws.
After “Doubling Down on Stupid,” Lakeland Is Forced to Pay $160,000 in Public Record Settlement
A Lakeland resident filed the lawsuit against the city’s Police Department because the department insisted on illegally charging a flat $23.50 fee for routine requests instead of charging per page or for time worked.
Sheriff’s Office, In Echo of 2001 Violation, Keeps Secret the Hospitalization of Murder Suspect at FHF
For two days, a murder suspect was under arrest in Flagler County but not at the jail. The Sheriff’s Office would not disclose his whereabouts–a dungeon-like disappearance that no law allows or protects.
FDLE Looking Into Alleged Secret Taping and Sunshine Violation by Elections Supervisor
It’s the first step to an investigation of Kimberle Weeks, if laws are found to have been broken. It takes place on the heels of withering criticism of Weeks’s methods and questions by the county commission chairman about the integrity of the elections she is supervising.
County Calls Supervisor of Elections Kim Weeks’s Taping of a Conversation “Illegal”
County Administrator Craig Coffey says Weeks’s secret recording of a conversation between the county attorney and a county commissioner on Aug. 25 was illegal, so was its distribution, though nothing in the recording speaks ill of either men in the conversation.
More Secrecy, Harsher Punishment for Pregnant-Women Beaters, Parasailing Regulations: 32 New Laws Go In Effect
A number of the new Florida laws going in effect Wednesday involve public-records exemptions, including one to allow some university boards to meet in private to discuss donors and research funding.
Appeals Court Orders City Government to Release “Shade” Meeting Transcript
In a highly critical opinion, an appeals court Wednesday ordered the city of St. Pete Beach to release a transcript of a closed-door discussion about the settlement of a lawsuit.
Sheriff’s Deputies Never Wrote an Incident Report After Fatally Shooting Palm Coast Man
Details of the December 2012 fatal shooting of 32-year-old Troy Gordon on Brownstone Lane in Palm Coast, at a time when Don Fleming was still sheriff, emerged in a court case today that revealed how a union could trump sheriff’s policy even in grave shooting incidents.
Judge Upholds Blind Trust Law, Allowing Gov. Scott to Shield Assets From Public
Critics say the device contradicts constitutional safeguards requiring Florida voters to be made aware of what a public official owns and how it might affect his or her decisions. Scott, who reported a net worth of $132.7 million as of the end of last year, is believed to be the only official using a blind trust.
Flagler Beach Police Launch Initiatives to Protect Residents and Property, But Public Records Expose Vulnerability
Though the initiatives are very well-meaning, participating residents who want their house watched while they’re away or who live alone and need a daily check-in must fill out detailed applications that reveal a lot of personal information and details about their property. The documents are public records, and may potentially create vulnerabilities for the very residents police are aiming to protect.
In Flagler Beach, a First Friday Flare-Up Derails a Hot-Rod Idea, Cautioning Businesses
Flagler Beach has been urging businesses to get involved in planning First Friday events. A restaurant owner did, only to see her initiative–a hot rod contest judged by commissioners–cancelled, costing her $1,000, over questions Commissioner Steve Settle raised about the legality of Commissioner Jane Mealy’s judging the auto contest.
The Palm Coast City Council’s Arrogance Problem
The secret, undemocratic way the Palm Coast City Council went about picking its latest unelected member is the latest disturbing example of a council’s contempt for the public, and of the maneuverings of a manager with a Donald Trump complex.
David Ferguson, a Conservative Business Consultant, is Appointed to Palm Coast Council
David Ferguson, a 60-year-old business consultant, will fill out the two years remaining in Frank Meeker’s term, ensuring that the panel will remain an all-male fraternity until at least 2014, when the seat is one of two up for election. That of Bill Lewis, also an appointee, is the other.
How Two Council Members, Out of View, Got WNZF to Back-Pedal on Synthetic Marijuana
What was behind what sounded like a retraction on synthetic marijuana by WNZF’s David Ayres on his Free For All Friday show last week? Private discussions between Palm Coast Council member Bill McGuire with Mayor Jon Netts, and a letter Netts wrote Ayres, that the council never discussed openly–even as the council has yet to vote finally on the matter.
Florida House Candidate Bardley Maxwell Wants Government Employees’ Salaries Kept Secret
Florida House candidate Bradley Maxwell wants to state workers’ salaries and benefits kept secret. He also wants personnel files kept sealed from public view. Maxwell is challenging two-term incumbent state Rep. Michelle Rehwinkel Vasilinda, D-Tallahassee.
3 Flagler Beach Commissioners Attend Closed-Door County Staff Meeting, Clouding Sunshine
Commissioners Jane Mealy, Kim Carney and Mayor Linda Provencher attended the July 12 county staff meeting on beach renourishment with the U.S. Corps of Engineers, which was closed to the public. Dennis McDonald, a candidate for the county commission, raised issues with the potential sunshine violation.
Sunshine Lessons Clouded By Possibly Dimmer Visibility as Jobs Council Meets for 1st Time
Flagler’s nine-member Economic Development Council conducted the equivalent of a meet-and-greet for itself on Tuesday and promptly reversed a promise that all meetings would be televised live, opting instead for audio broadcasts.
Public Money, Public Purpose, Closed Doors: Enterprise Flagler and Chamber Carry On
In a closed-door session, the Flagler Chamber of Commerce is hosting a delegation from Enterprise Flagler today to discuss economic development plans that would be publicly funded and publicly governed.
Sunshine Sunday: Beyond Transparency, Government Records Must Be Accessible
Government transparency and access to government records are not the same, says First Amendment Foundation President Barbara Peterson, though access to any record not exempt by law is every citizen’s right.
County Commissioners Trip Into “Inadvertent” Sunshine Violations Through Emails
County administrator Craig Coffey solicited feedback from commissioners on an economic development document he was preparing. Two commissioners copied their replies to fellow-commissioners, a violation of the sunshine law.
Palm Coast’s Secret Deal With Solar Company: Long Tax Holiday and Other Perks for 180 Jobs
Dubbed “Project Iceman,” the deal calls for at least a $49 million investment and average wages of $34,500, though the fine print reveals exclusive perks and secrecy provisions that prevent public scrutiny of the deal’s implementation.
It’s Raining Taxes, Cont’d: Behind Scenes, County Manager Floats Sales Tax Increase
One proposal would increase the half-cent sales tax by a super-majority vote of the county commission, bypassing voters.