Hernando Today
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Attorney: Bulletin Boards Sufficient To Announce Meeting
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Published: October 9, 2008
SPRING HILL - Whenever there is a public meeting at the Spring Hill Fire Rescue headquarters, a bulletin board announcement is all that is required, said the district's attorney.
Andrew Salzman pointed to section 286.011 of the Florida Sunshine Law, a section that covers state and local government requirements for open meetings.
Notification of any public meeting is required, but an announcement in a newspaper is not compulsory.
A bulletin board "is the minimum you have to do," Salzman said. "Some kind of posting is necessary. We normally like to, in addition, notify the newspapers, but we don't have to."
The issue of whether the district violated Florida's Sunshine laws came to the forefront two weeks ago when the board attempted, in vain, to ratify the labor agreement between the union and the district.
Salzman told the chairman the vote would need to come during a separate public meeting, which was scheduled for Sept. 30.
Few among the public were aware that negotiations between the union and the district took place during the months prior to the vote. Some accused Spring Hill Fire Rescue of violating the state's open government statutes - known as the Sunshine Law.
Interim Chief Mike Rampino said the lack of warning about those meeting "wouldn't happen again," but emphasized the district did nothing illegal.
Bulletin announcements were posted on the board at the department's headquarters at Bob Hartung Court.
"I'd rather advertise those meetings in the paper, but I don't think the county advertises when human resources talks with their firefighters," Rampino said, referring to the county government's negotiations with Hernando County Fire Rescue employees.
Salzman said the law states that a government must provide "reasonable notice" prior to a public meeting.
"It's up to the courts to determine what's reasonable," he said.
Certain fire commission meetings involving collective bargaining or pending litigation may be held in executive session. However, contract negotiations between union officers and the district are open to the public.
Mark Simpson, a Sunshine law expert with the state attorney's office in Ocala, said no formal complaint has been filed.
When the Sept. 30 meeting took place, fire board chairman Charles Raborn told the audience there would be no public comment prior to the vote.
After hearing objections, Raborn relented. Members of the public were allowed to speak.
Whenever there is a perception that a governing body is voting on something controversial without the public's knowledge or input, problems are sure to arise, said Adria Harper, director of the First Amendment Foundation out of Tallahassee.
"This does sound problematic," she said of the district's perceived secrecy with the labor contract. "I think that certainly does raise a red flag."
Town hall meeting is tonight
The fire district has scheduled a town hall meeting tonight at St. Theresa Catholic Church.
Spring Hill residents are invited to make and listen to public comments regarding the upcoming referendum vote.
Voters will decide whether Spring Hill Fire Rescue should become an independent district with state oversight or whether it should merge with the county. If the majority vote is with the latter, the fire board would be dissolved and the county would assume ownership of the district's assets.
The meeting will begin at 7 p.m. The church is located at 1107 Commercial Way.
Reporter Tony Holt can be reached at 352-544-5283 or wholt@hernandotoday.com.
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