Transcript Search Committee Tips - University of South Florida

USF Office of the General Counsel
(813) 974-2131
2008
SEARCH COMMITTEE OPEN
MEETINGS COMPLIANCE AND
LEGAL TIPS
The Florida “Open Government” Laws
 Florida Statutes, Chapter 286, the “Open
Meetings Law,” often referred to as the
“Sunshine Law” protects the public from “closed
door” decision making and provides a right of
access to governmental meetings.
 Florida Statutes, Chapter 119, the “Public
Records Law,” creates a right of access to
records made or received in connection with
official business of a public body
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The Sunshine Law
 Florida Statute Chapter 286 applies to all
meetings of “any board or commission of any
state agency or authority.” This includes
university search committees.
 It requires:
 1. All meetings of the board must be open
meetings.
 2. Reasonable notice of meetings must be given.
 3. Minutes of meetings must be kept.
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Search Committee MEETINGS
 must be open to the public to attend
 include any discussions or deliberations, formal or
casual, between two or more search committee
members about a matter on which the Board might
foreseeably take action
 include workshops, telephone conversations, e-mail
communications, off-campus conversations (even if
at a social function or event when committee
business is discussed)
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Search Committee NOTICE
 Reasonable Notice of Meetings Required
 Reasonable notice is ample notice given to
the public and press which reasonably and
timely conveys all information necessary to
enable them to choose to attend
 “Reasonable” depends upon situation’s
circumstances
 Meeting may not be held at facility/location
inaccessible to public or which discriminates
regarding admission/accessibility
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Search Committee Minutes
 Minutes must be recorded and open to public
inspection
 Minutes need not be verbatim--but rather
brief summary of meeting’s events
 Sound recordings may be used in addition to
written minutes, but if used, must be retained
– sound recordings are not a standard
university practice
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Open Meetings: Voting Requirements
 Votes must be publicly taken
 No secret ballots
 Roll call vote is not required
 All members must vote (unless they have a
conflict of interest which has been disclosed)
and the minutes must so reflect by recording
of the vote or counting a vote for each
member
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Sunshine Law: General Requirements
 Sunshine Law is broadly construed –
exemptions narrowly construed
 No use of evasive devices
 Circulation of written reports
 Single staff member reporting to each member what
the other members think re: an issue, including
information relayed to administrative staff
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Penalties for Noncompliance
 Second degree misdemeanor to knowingly
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violate Sunshine Law
Removal from position
Fine of up to $500
Reasonable attorneys’ fees
Declaratory and injunctive relief
Action taken at illegal meeting invalid
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Public Records Law
Florida Statutes Chapter 119 defines Public Records as
 all documents, papers, letters, maps, books, tapes,
photographs, films, sound recordings, data
processing software, or other material
 regardless of physical form or means of transmission
 made or received pursuant to law in connection with
transaction of official business by the agency
 Not applicable to truly personal records (e.g.
hand written diary notes not communicated to
others)
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Public Records Law: Application
 Public records law applies to USF records
including job applications, letters of interest,
correspondence, etc.
 Applies to all types of records including
letters, notes and e-mails
 The law is broadly construed and its
exemptions narrowly construed
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Public Records: Exemptions
 USF records which are exempt from public
disclosure generally include:
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Social Security numbers
Medical information
Personnel information prior to 7/1/95
Academic evaluation of job performance
Disciplinary records while discipline is in process
Student records under FERPA
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Public Records: Generally
 Requests can be:
 Verbal or written
 Made by any person
 USF has a “reasonable” time to respond
 USF can charge the cost of retrieving records
to the requestor that requires the extensive
use of IT resources or USF labor
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Public Records – What is not Required
 Does not require the creation of records or
provision of records in the format requested
 Does not require turning records over on the
spot to a requestor
 Does not require verbal explanation of records
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Tips for the Search Committee Chair
 Consider asking a reliable staff member to properly respond to
correspondence, arrange meeting logistics, help respond to
public records requests, and keep a copy of official committee
records on file, etc.
 Sunshine Law still applies even when using outside search firms
 Applicant lists are public and routinely requested by the media
 Do NOT rank candidates numerically
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While it is a legal practice, it is not recommended in the public sector
Consider that the rankings have limited utility, are public records and are
available to candidates (successful and not)
 The better practice is to provide the hiring authority with a group of
qualified names appropriate for further consideration
 USF could not function without the hours of dedicated service
contributed by Search Committee volunteers and leaders-THANK YOU for your service!
SUMMARY
 The Sunshine Law applies to all meetings of USF
Search Committees
 The Public Records Law applies to the records
maintained by USF Search Committees
 All University personnel should know the basics
of these two laws to ensure our continued
compliance
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Have More Questions??
Please Contact
The Office of the General Counsel
CGS 301
(813) 974-2131
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