Title: Opinion File 76-180 thru 76-181
Full Citation
Permanent Link: http://ufdc.ufl.edu/WL00003476/00001
 Material Information
Title: Opinion File 76-180 thru 76-181
Physical Description: Book
Language: English
Spatial Coverage: North America -- United States of America -- Florida
Abstract: Buddy Blain's Collections - Opinion File 76-180 thru 76-181
General Note: Box 14, Folder 5 ( Opinions 1976 - 1977 - 1976 - 1977 ), Item 29
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003476
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text

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SW.iP RaR.Tr To: _Tampa

.- July 20, 1976

Arr Donald R. Feaster, Executive Director
_Sol west Florida Water Management District
-Po: Office Box 457
-Br ksville, Florida 33512

Dea Mr. Feaster:

Enclosed is a copy of a -decision from the Second District
Cot of Appeals determining that meetings of the Career
El oyees Council with the President of St. Petersburg Junior
Co ege were not covered by the Sunshine Law. The case arose
S-h a union organizer sought access to meetings between the
Pr ident and the Career Employees Council to assist her in
-or izing Junior College employees on behalf of the Communication
-Wo ers of America. The trial court granted her requested
in action; however, the Second District reversed, distinguishing
th case from the Town of Palm Beach v. Gradison. In light
of its importance, we are enclonsng a copy of the entire decision.

-The highlight of the -decision is where the Court states:

-The iere fact that he may carry out the
directions, orders and policies of the
'board' in the day-to-day administration
of-the junior college does not make him
an 'alter ego' of the Board; -and in the
performance of those duties we are of-the
-view that, as suggested by Town of Palm
Beach, supra, frequent and unpublicized
meetings between an executive officer and
-advisors, consultants, staff-or personnel
-under his direction, for-the purpose of
S 'fact-finding' to assist him-in the execu-
tion of those duties, are not meetings
within the contemplation of-the Sunshine
-Law. Any other conclusion, carried to its.
logical extension, would in.-our view unduly
S. -hamper the efficient operation of modern

I-, \

g government the administration of which is
-aamore and more being placed in the hands of
professional administrators. It-would be
unrealistic, indeed intolerable, to require
-of such professionals that every meeting,
-every contact, and every discussion with
-anyone from whom they would seek counsel
-or consultation to assist in acquiring the
necessary information, data or intelligence
-needed to advise or guide the authority by
-whom they are employed, be a public meeting
within the disciplines of the Sunshine Law.
Neither the letter nor the spirit of the
law require it.

-The Court's dicta at page 5, slip opinion, that "We
hab reviewed the remaining arguments of appellant with respect
to claimed exemptions under the Public Employees' Relations
Ac: and find them to be without merit. The factual framework
he: in makes the provisions thereof inapplicable" is, of course,
bo lersome. The Junior College had contended that Section
44 .023 of the Tucker Act excepted the City's discussions
r the coverage of -the Sunshine Law. The Court's dicta
is subject to varying interpretations, and may well be simply
th since none of the legislative body were in attendance,
-th provisions of 447.023(1) were not brought into play.

The first part of this decision, finding that the President,
as the chief executive officer of the Junior College, was
covered by the Sunshine Law certainly lends support to
argument that collective bargaining negotiations may be
S ucted out of the Sunshine despite the argument of some
collective bargaining negotiations be held in the Sunshine..

If-you have any questions regarding the Court's opinion
0 our letter, please do not hesitate to contact one of our

an ALLEY, Ch d

0 John-Ed rd Alley.
S0 ices.


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