Open Meetings & Public Records Laws: Search Committee Tips

1. Open Meetings & Public Records Laws: Search Committee Tips USF Office of the General Counsel (813) 974-2131

2. The Florida “Open Government” Laws • Florida Statutes, Chapter 286, the “Open Meetings Law,” often referred to as the “Sunshine Law” protects the public from “closed door” decision making and provides a right of access to governmental meetings. • Florida Statutes, Chapter 119, the “Public Records Law,” creates a right of access to records made or received in connection with official business of a public body

3. Open Meetings Law USF Office of the General Counsel (813) 974-2131 2008

4. The Florida “Open Meetings” Law • Florida Statute Chapter 286 applies to all meetings of “any board or commission of any state agency or authority.” This includes university search committees. • It requires: • All meetings of the board must be open meetings. • Reasonable notice of meetings must be given. • Minutes of meetings must be kept.

5. Search Committee Meetings: Open • must be open to the public to attend • include any discussions or deliberations, formal or casual, between two or more search committee members about a matter on which the Board might foreseeably take action • include workshops, phone conversations, e-mails, off-campus conversations (even if at a social function or event when committee business is discussed)

6. Search Committee Meetings: Notice • Reasonable notice of meetings required • Reasonable notice is notice given to the public and press which reasonably and timely conveys all information necessary to enable them to choose to attend • “Reasonable” depends upon situation’s circumstances • Meeting may not be held at facility/location inaccessible to public or which discriminates regarding admission/accessibility

7. Search Committee Meetings: Minutes • Minutes must be recorded and open to public inspection • Minutes need not be verbatim--but rather brief summary of meeting’s events • Sound recordings may be used in addition to written minutes, but if used, must be retained – sound recordings are not a standard university practice

8. Open Meetings: Voting Requirements • Votes must be publicly taken • No secret ballots • Roll call vote is not required • All members must vote (unless they have a conflict of interest which has been disclosed) and the minutes must so reflect by recording of the vote or counting a vote for each member

9. Open Meetings: General Requirements • Sunshine Law is broadly construed – exemptions narrowly construed • No use of evasive devices for example… • Circulation of written reports • Single staff member reporting to each member what the other members think re: an issue, including information relayed to administrative staff

10. Public Records Laws USF Office of the General Counsel (813) 974-2131 2008

11. Public Records Law: Definition Florida Statutes Chapter 119 defines Public Records as: • all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material • regardless of physical form or means of transmission • made or received pursuant to law in connection with transaction of official business by the agency • Not applicable to truly personal records (e.g. hand written diary notes not communicated to others)

12. Public Records Law: Application • Public records law applies to USF records including job applications, letters of interest, correspondence, etc. • Applies to all types of records including letters, notes and e-mails • The law is broadly construed and its exemptions narrowly construed

13. Public Records Law: Generally • Requests can be: • Verbal or written • Made by any person • USF has a “reasonable” time to respond • USF can charge the cost of retrieving records to the requestor that requires the extensive use of IT resources or USF labor

14. Public Records Law: What is not Required • Does not require the creation of records or provision of records in the format requested • Does not require turning records over on the spot to a requestor • Does not require verbal explanation of records

15. Public Records Law: Exemptions • USF records which are exempt from public disclosure generally include: • Social Security numbers • Medical information • Personnel information prior to 7/1/95 • Academic evaluation of job performance • Disciplinary records while discipline is in process • Student records under FERPA

16. Penalties for Non-Compliance • Second degree misdemeanor to knowingly violate Sunshine Law • Removal from position • Fine of up to $500 • Reasonable attorneys’ fees • Declaratory and injunctive relief • Action taken at illegal meeting invalid

17. Tips for Search Committee Chair Do NOT rank candidates numerically • While it is a legal practice, it is not recommended in the public sector • Consider that the rankings have limited utility, are public records and are available to candidates (successful and not) • The better practice is to provide the hiring authority with a group of qualified names appropriate for further consideration

18. Summary • The Sunshine Law applies to all meetings of USF Search Committees • The Public Records Law applies to the records maintained by USF Search Committees • All University personnel should know the basics of these two laws to ensure our continued compliance USFSP could not function without the hours of dedicated service contributed by Search Committee volunteers and leaders--THANK YOU for your service!

19. Questions? Please Contact The Office of the General Counsel CGS 301 (813) 974-2131 Rev 10/2015