Airport Advisory Board and VASI: a Sunshine Law nightmare realized
Several members of the Airport Advisory Board are board members of the Venice Aviation Society; the former is a government board, the latter is a non-profit organization, both boards deal with almost the exact same issues -- hey, no problem whatsoever, right?
-- Thomas Brener, from a letter to the mayor and city council dated 12/06/07
-- posted to the web on 12/15/07
Got a comment? Make it here.
No sunshine? No problem...
In response to recent correspondence on the Florida Sunshine Laws, I had a look at Florida's "Government in the Sunshine Manual." As you know, the Sunshine Laws regulate and define public meetings and address concerns that can arise when meetings between certain government entities are kept out of the sunshine of public inquiry. Private email accounts can become public if used by government or staff to discuss business that may come before a government entity. I have taken the liberty of copying some of this material below. Reviewing all of this has been an eye opener.
In looking over the documents, it appears that Venice could have at least one glaring violation of the Florida Sunshine Act regarding the Airport Advisory Board. Mr. Carlucci's and Mr. Hallowell's positions as Vice-Chair and Chairman of the AAB and their positions as President and Treasurer of VASI (Venice Aviation Society) is awkward at best. At worst, it is a violation when two or more members of an advisory board meet in a non-public forum or social event and discuss issues that they will be voting on or making recommendations on to Council. So what happens when the officers of a private advocacy group lead a public advisory board? Is it reasonable to sit on a board as you lobby it from outside (see enclosure, NOTAM). Is this merely the appearance of a conflict or something more?
The stated mission of VASI ("To advise the appropriate authorities regarding safety, security, utilization and other concerns at the airport, -- see www.veniceaviationsociety.com) overlaps with the stated purpose of the City's AAB. Clearly as officers of VASI, Mr. Carlucci and Mr. Hallowell would communicate frequently with the airport manager, but without proper notice, this becomes a shaded meeting. Or, if they meet with a Councilmember or possibly a VASI member who is also on the AAB on airport matters, if they extend emails on airport matters to each other as VASI officers (without proper notice to the public), then there is a problem. When one considers that 5 of the 7 member board are also members of VASI, this is indeed a slippery slope.
VASI actively lobbied to reconstitute the AAB and put its members and officers on the AAB. After the AAB was formed, Mr. Carlucci as president of VASI published the enclosed NOTAM (attached). In it, he writes, "The VASI Board met with individual City Council members to lobby for the establishment of the current AAB. The AAB has seven voting members, five are pilots." There is evidence in the public record that VASI officials continue to meet with airport officials and staff on a regular basis. In VASI's June '06 newsletter, Mr. Carlucci writes of VASI's dealings with the city and its staff: "The creditability of VASI has never been questioned and its reputation as an honest broker is invaluable in our dealings with airport management and city policy makers". Unfortunately, there can be no such thing as an "honest broker" if Florida's Sunshine Laws are not being respected.
Since this is a time when Council is looking into the composition of a number of City Boards, this may be a good time to assess compliance with FSL guidelines and conflict of interest issues. Advisory Board members - AAB and others- should be apprised of the statutes and be given the opportunity to remove themselves. Otherwise, the work of boards, largely comprised of dedicated volunteers, could lose their credibility with the public.
I have attached two referenced documents. {Below are] some examples from the sunshine manual:
Q. What qualifies as a meeting?
A. The Sunshine law applies to all discussions or deliberations as well as the formal action taken by a board or commission. The law, in essence, is applicable to any gathering, whether formal or casual, of two or more members of the same board or commission to discuss some matter on which foreseeable action will be taken by the public board or commission. There is no requirement that a quorum be present for a meeting to be covered under the law.
Circumstances in which the Sunshine Law may apply to a single individual or where two board members are not physically present: Section 286.011, F.S., applies to meetings of "two or more members" of the same board or commission when discussing some matter which will foreseeable come before the board or commission.
Q. What types of discussions are covered by the Sunshine Law?
A. Informal discussions, workshops. As discussed in s. C.1., supra, the Sunshine Law applies to any gathering, whether formal or casual, of two or more members of the same board or commission to discuss some matter on which foreseeable action will be taken by the public board or commission.
Use of computers: While there is no provision generally prohibiting the use of computers to carry out public business, their use by members of a public board or commission to communicate among themselves on issues pending before the board, is subject to the Sunshine Law.
Thomas Brener is a citizen of Venice and the Vice-President of the Venice Neighborhoods Coalition.
