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7/7/1998
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7/7/1998
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
07/07/1998
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I <br />settlement of a case in federal court). Cf., Inf. Op. to Barbara A. MarkhamL, September 10, 1996 <br />(technical oversight committee established by state agencies as part of settlement agreement in <br />federal lawsuit subject to Sunshine law). <br />Based upon the specific terms of the statute and the 'dominion and control" test approved <br />by the courM the following are some of the entities which have been found by this office to fall <br />within the scope of the Sunshine Law: <br />Regarding the "General Overview", Deputy County Attorney Will Collins noted that <br />there may be some inherent conflict in the ordinances creating committees and advisory <br />commissions. <br />Commissioner Macht noted that all procedures regarding the organization of the <br />Children's Services Network were approved by Assistant County Attorney O'Brien. <br />Mr. Legwen then read from the paragraph entitled "Government -In -The -Sunshine" <br />and noted that he believed it was a great injustice to appoint elected officials to advisory <br />boards, making them subject to the Sunshine Law. He noted occasions where the Sheriff and <br />the Chairman of the School Board came together and might possibly discuss some matter - <br />relating to the Children's Services Network, no matter how minor. <br />Commissioner Eggert stated that traditionally members of committees do not discuss <br />matters to come before their committees. <br />Attorney Collins commented that various public officers, in the performance of their <br />duties, can certainly talk to each other about their various responsibilities but they do need <br />to be vigilant when they are on the same boards to not discuss any matter which will <br />subsequently come before that board. However, there are means of communication which <br />are open to them, such as a written memorandum with a copy to the press box. <br />Mr. Legwen believed there could be a problem with subcommittees who may not be <br />aware of the Sunshine Law and questioned how those members are chosen. <br />Commissioner Ginn stated that members of the subcommittees are appointed by the <br />Chairman, and Mr. Legwen thought it would be possible for such a chairman to appoint all <br />his friends to assure the outcome of a vote. <br />Commissioner Eggert noted that all committee and subcommittee members are made <br />aware of the Sunshine Law. <br />Commissioner Macht also noted that all members of the CSN committee and <br />subcommittee had specifically read the Sunshine Law and been very comprehensively <br />briefed by Attorney O'Brien. The Grant Review Committee meets weekly on their own time <br />to go through some very exhaustive procedures. Mr. Polackwich is the Committee <br />Chairman, with many demands on his time as an attorney with a young family, but he feels <br />the importance of this mission. He spends 2 to 3 hours a week on the CSN. Other members <br />of the committee have young children and yet devote much of their time to these matters. <br />Kip Jacoby, one of the finest young men you will ever know, just established a new <br />JULY 79 1998 <br />-38- <br />
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