Sunday, December 28, 2008

5th DCA - open meeting and discussion can cure open meeting violation

In Finch et al v. Seminole School Bd, the 5th DCA held that a long open meeting, at which issues were fully vetted, cured an earlier open meeting violation that occurred when school board members took a bus trip to view sites.

In effect, the Court found that the violation was a technical one, and that the violation did not create communications that the later public meeting did not cure. While the court did not discuss it, it seemed clear that any other ruling would create an unacceptable situation where an open meeting violation regarding a particular subject couldn't be cured and would leave the board powerless to act on that subject.

No comments:

Post a Comment