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Sunshine Law details in question
After the convictions of two suspended Escambia commissioners, lawyers call for clarification.
©Associated Press
July 29, 2002
PENSACOLA -- Convictions of two suspended Escambia County commissioners could lead to appeals that clarify what officials can or cannot discuss in private under the state's open-government Sunshine Law.
Lawyers in both trials argued over what is permitted under the law, but Okaloosa County Judge T. Patterson Maney had little case law to help him resolve the issues.
Former Florida Senate President W.D. Childers was convicted June 28 and plans to appeal if Maney denies motions to overturn his conviction or grant a new trial.
Terry Smith, another suspended commissioner, was convicted July 20 and has not yet decided whether to appeal.
The law bars members of government bodies from privately discussing public business with each other. But there are exceptions, and that's what the fuss is about.
Much of the disagreement centers on what constitutes discussion and what qualifies as a fact-finding mission, which the law exempts.
Prosecutor Bobby Elmore said the law should be clarified by the Legislature if not by the courts.
Barbara Petersen, the executive director of the First Amendment Foundation, which promotes open government, says the law shouldn't be changed.
Childers and Smith were convicted for a call they allegedly made together on a speaker phone to the county's supervisor of elections to talk about redistricting.
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