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Hernando Today

Resident: SHFD Violated Sunshine Law

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By TONY HOLT

Published: October 10, 2008

SPRING HILL - Residents complained they did not know about any union negotiation meetings that took place last summer.

On Thursday, those complaints became official when one of those residents notified the state attorney's office.

Harry E. Chamberlain II, a Spring Hill resident and vocal critic of the some of the district's policies, wrote a two-page narrative that accuses the district and its board of keeping vital information hidden from the public.

He thinks the public meetings leading up to the ratification of the union contract were not properly advertised.

"These negotiation meetings are open to the public," Chamberlain wrote. "The public was denied an opportunity to attend these meetings because no notification was given."

The district's attorney, Andrew Salzman, said the Sunshine Law — Florida's public records and open meetings statutes — allows for "reasonable notice" when it comes to union negotiation meetings.

Salzman said it is up to the courts to determine what is reasonable, but he thinks a "bulletin board notice" would be sufficient enough to satisfy a judge.

"I think he's probably right," said Sam Morley, an attorney with the Florida Press Association. "The law is fairly open … but I think that is reasonable enough."

The public meetings at the Spring Hill Fire Rescue headquarters include residents in two camps — those who want the district to become independent and those who would like to see it merged with the county.

A referendum is included on the Nov. 4 ballot that will ask Spring Hill voters to choose whether they would prefer an independent fire district.

Chamberlain has said he will vote no.

He added an e-mail written by interim chief Mike Rampino to his complainant form. It was written last month to David Green, another Spring Hill resident opposed to independence.

Green requested a copy of "notification of publication," which would have been sent to Rampino had he published a notice in the newspaper about any upcoming meetings.

The chief admitted he didn't notify the press of the contract negotiations and apologized. He also mentioned he was assured by the district's lawyer he had not violated the Sunshine Law.

"In speaking with council, we have (met) the requirements for said meetings," Rampino wrote. "I will assure you that in future negotiations, the district will notify the public."

During a Sept. 24 meeting, fire board Chairman Charles Raborn asked the board to ratify the union contract.

Salzman told him fire commissioners could not vote on it because the contract was not included on the agenda. Another meeting took place Sept. 30 so the board could vote on the labor agreement. It was approved 4 to 1.

Chamberlain's complaint was that the negotiations between union leaders and the chief were not announced to the media.

He also complained the board approved the 2008-09 budget without allowing for public comments.

Reporter Tony Holt can be reached at 352-544-5283 or wholt@hernandotoday.com.

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