Sunshine Law Violations in the News

Posted on August 24, 2023by with No comments

 
Florida Sunshine Law in the News

1/6/2004 Some school officials want sunshine law exemption

3/6/2009 Sunshine law is often ignored in practice
https://www.jacksonville.com/story/news/2009/03/07/sunshine-law-is-often-ignored-in-practice/15993830007/

5/30/2013 Residents concerned city officials may be violating Florida's Sunshine Law

6/8/2013 Did St. Pete Beach Violate Sunshine Law With Closed-Door Meetings?

10/30/2013 City of Miami Sued Over Florida’s Sunshine Law Public Meeting Requirement

12/8/2014 ‘Missing’ emails undermine Sunshine Law

1/21/2015 Sunshine Law violation questioned in Santa Rosa


11/7/2017 Florida's Sunshine Law Shines Over Elected, Public Bodies

2/27/2018 Appeals court: St. Pete violated Florida’s Sunshine Law

4/4/2018 Milton City Council under investigation for possible Sunshine Law violation

9/19/2018 Citizens question if Satellite Beach violated Florida's open meeting laws

2/4/2019 State Attorney's Office investigating possible Sunshine Law violation in Loxahatchee Groves

2/12/2019  It's Easier Here: Why the Sunshine Law is useless, money wars, Parkland conversations

12/26/2019 Good Riddance to a Dreadful Year for Florida's Rapidly Eroding Sunshine Law

6/3/2020 Frank LoMonte Comments on Alleged Pinellas County Sunshine Law Violation

7/28/2020 Destin mayor asks Ethics Commission to review possible Sunshine Law violations

9/28/2020 Cape Coral mayor accused of Sunshine Law violation following FDLE investigation

9/30/2020 Cape Coral mayor won’t answer questions about Sunshine Law violation

3/22/2021 FDLE: No crimes, Sunshine Law violations

9/5/2021 Judge rules Nassau County violated Florida public records law in lawsuit filed by Rayonier

11/18/2021 Madeira Beach resident accuses commissioners of Sunshine Law violations — again

12/1/2021 Osceola County violated Sunshine Law amid 2020 COVID response

1/8/2022 DeSantis removes two commissioners arrested for possible Sunshine Law violations

1/20/2022 In the dark: Florida lawmakers creating new ways to keep public records private

7/8/2022 Photo of Jacksonville City Council members at bar sparks discussion over Sunshine Law

11/15/2022 Broward School Board may have violated Sunshine law, will soon start search for new superintendent

11/23/2022 Mexico Beach Planning Board members removed after Sunshine Law violation charges

3/17/2023 Florida Gov. Ron DeSantis seeks to limit Sunshine laws

3/18/2023 DeSantis casts shade on Florida’s open-records Sunshine Law

4/28/2023 Here's a newsflash: Violating Florida's open meetings law carries serious consequences

5/7/2023 Advocates say lawmakers are chipping away at Florida's Sunshine Laws

5/16/2023 Seminole Charter School Faces Probe over Sunshine Law Records Violations

5/18/2023 Escambia Co. school board member accuses others of violating Sunshine Law after firing superintendent

5/19/2023 Gov. DeSantis clouds Florida Sunshine laws

6/6/2023 Former Florida city council member turns himself into jail on Sunshine law violations

6/8/2023 No decision during hearing of Alfie Oakes v. Collier School Board over superintendent

Exploring Transparency in Government: The Satellite Beach Lawsuit and Florida's Sunshine Law

Posted on March 29, 2023by with No comments
Brevard County City 4th of july

A lawsuit filed against the City of Satellite Beach highlights the importance of correctly determining whether a meeting must be made open to the public. The sunshine law helps citizens learn what their government is doing. Courts rarely punish Sunshine Law offenders, even though they can order those offenders to pay civic penalties and the litigation expenses of citizens who prove the violations.


The Satellite Beach Lawsuit and Florida's Sunshine Law

In September 2018, council members of Satellite Beach violated the Sunshine Law, which mandates that government business must be conducted in public. When citizens arrived at the meeting, they were met by police officers who informed them that it was a "private meeting" and escorted them out. The meeting was initially advertised as a public "workshop" but was abruptly canceled by the City on the day of the meeting.

A group of residents took legal action when they were denied access to a meeting they had scheduled with Robert Bowcock, an expert on water issues who has worked alongside Erin Brockovich. The purpose of the meeting was to address concerns about PFAS contamination and potential health risks. However, only certain citizens could attend, as the Council selectively chose who could participate, leaving others out.

One of those residents permitted into the meeting later sent an 11-page packet to the plaintiff's house, which contained intimidations and harassment. They were even found in public records suggesting placing "bots" on the plaintiff's nonprofit organization's website, causing financial harm. Investigation revealed that the City of Satellite Beach was involved in the packet, as it was printed by the City Manager's assistant on November 19, 2018, using taxpayers' funds, as shown in public records.
Suggesting placing "bots" on the plaintiff's nonprofit organization's website

 
Packet printed at City Hall
Sharing details about advocates, such as addresses

Multiple sources, including video footage, photos, documents, and testimonies from several residents, professionals, and media outlets, confirm that elected officials Mindy Gibson, Mark Brimer, and Frank Catino violated the state's open-meeting law. The photographic evidence clearly shows the three officials together behind closed doors. The Sunshine Law ensures that meetings involving "official business by any agency" are accessible to the public. It prohibits public officials from holding private meetings to discuss any matter on which the public board or commission will take foreseeable action.

According to public records, government officials have admitted to trying to bypass the sunshine law by rotating officials during meetings. This shows that they are willing to violate the constitutional right of access. Such actions only serve to diminish trust in the government. Instead of avoiding transparency, city officials should welcome it. 

It has been discovered that PFAS chemicals were utilized at Patrick Space Force Base (previously known as Air Force Base), leading to the detection of these chemicals in the groundwater of Satellite Beach City. Following the open meetings law, the public should have been allowed to attend the meeting regarding PFAS contamination. Mayor Frank Catino made a statement on September 19, 2018, confirming that the meeting's purpose was to address concerns about the contaminated water.

A lawsuit was filed by citizens whose rights were violated, but unfortunately, Judge Paulk dismissed the case after 18 months. Due to pandemic restrictions, the hearing was conducted over the phone, and government attorneys repeatedly postponed it while modifying and updating paperwork. Due to this decision, the plaintiffs could not present their evidence or witnesses in court.

The plaintiffs decided to challenge the court's ruling, but the appellate court supported Judge Paulk's decision to dismiss the case. However, the court did not provide any explanation for its decision. The court also ruled that the lawsuit was not frivolous or filed in bad faith and rejected the city's request for attorneys' fees and costs filed on March 8, 2022. 

The government officials consider the dismissal a victory since the judge didn't proceed with the case. They aim to schedule a hearing in April 2023 and return to Judge Paulk in the lower court to request attorneys' fees and costs, despite the appellate court rejecting their motion.  

The government officials avoided a trial with photos, video, documents, and witness evidence. However, instead of dropping the case, they are now pursuing the victims for payment of their legal fees, even though their rights were violated. By continuing this legal battle and returning to the lower court, the government is creating a financial burden for the affected families. Furthermore, they are utilizing taxpayer money to retaliate against those who acted to safeguard lives in their community.


Scientific testing, studies, medical screening guidance, a FUDS designation, new drinking water advisory levels, and national discussions have all substantiated the plaintiff's concerns regarding water contamination in 2018.


To donate, please visit https://gofund.me/e7c8fb17


Breaking the Barrier: Cancer Victims Blocked from the PFAS Water Contamination Meeting

Posted on February 08, 2023by with No comments

Jackson Blvd Satellite Beach

Cancer Victims Blocked from the PFAS Water Contamination Meeting 

In September 2018, council members of Satellite Beach violated the Sunshine Law, which mandates that government business must be conducted in public. When citizens arrived at the meeting, they were met by police officers who informed them that it was a "private meeting" and escorted them out. The meeting was initially advertised as a public "workshop" but was abruptly canceled by the City on the day of the meeting.

The group of residents and cancer survivors took legal action when they were denied access to a meeting they had scheduled with Robert Bowcock, an expert on water issues who has worked alongside Erin Brockovich. The purpose of the meeting was to address concerns about PFAS contamination and potential health risks. However, only certain citizens could attend, as the Council selectively chose who could participate, leaving others out.

Multiple sources, including video footage, photos, documents, and testimonies from several residents, professionals, and media outlets, confirm that elected officials Mindy Gibson, Mark Brimer, and Frank Catino violated the state's open-meeting law. The photographic evidence clearly shows the three officials together behind closed doors. The Sunshine Law ensures that meetings involving "official business by any agency" are accessible to the public. It prohibits public officials from holding private meetings to discuss any matter on which the public board or commission will take foreseeable action.

According to public records, government officials have admitted to trying to bypass the sunshine law by rotating officials during meetings. This shows that they are willing to violate the constitutional right of access. Such actions only serve to diminish trust in the government. Instead of avoiding transparency, city officials should welcome it. 

It has been discovered that PFAS chemicals were utilized at Patrick Space Force Base (previously known as Air Force Base), leading to the detection of these chemicals in the groundwater of Satellite Beach City. Following the open meetings law, the public should have been allowed to attend the meeting regarding PFAS contamination. Mayor Frank Catino made a statement on September 19, 2018, confirming that the meeting's purpose was to address concerns about the contaminated water.

A lawsuit was filed by citizens whose rights were violated, but unfortunately, Judge Paulk dismissed the case after 18 months. Due to pandemic restrictions, the hearing was conducted over the phone, and government attorneys repeatedly postponed it while modifying and updating paperwork. Due to this decision, the plaintiffs could not present their evidence or witnesses in court.

The plaintiffs decided to challenge the court's ruling, but the appellate court supported Judge Paulk's decision to dismiss the case. However, the court did not provide any explanation for its decision. The court also ruled that the lawsuit was not frivolous or filed in bad faith and rejected the City's request for attorneys' fees and costs filed on March 8, 2022. 

The government officials consider the dismissal a victory since the judge didn't proceed with the case. They aim to schedule a hearing in April 2023 and return to Judge Paulk in the lower court to request attorneys' fees and costs, despite the appellate court rejecting their motion.  

The government officials avoided a trial with photos, video, documents, and witness evidence. However, instead of dropping the case, they are now pursuing the victims for payment of their legal fees, even though their rights were violated. By continuing this legal battle and returning to the lower court, the government is creating a financial burden for the affected families. Furthermore, they are utilizing taxpayer money to retaliate against those who acted to safeguard lives in their community.

Scientific testing, studies, medical screening guidance, a FUDS designation, new drinking water advisory levels, and national discussions have all substantiated the plaintiff's concerns regarding water contamination in 2018.

To donate, please visit https://gofund.me/e7c8fb17

Mindy Gibson in Satellite Beach Florida



The Controversy Surrounding Mindy Gibson: Uncovering Unethical Conduct in Satellite Beach

Posted on February 07, 2023by with No comments
Vote for Mindy Gibson
"Having them speak for 3 minutes at a council meeting gives good FaceTime for them but does not accomplish much," - Mindy Gibson, September 6, 2018, via email referencing residents who attend a city council meeting to speak at the podium regarding water contamination concerns.

In a Satellite Beach council meeting in November 2022, Councilwoman Mindy Gibson falsely accused Satellite Beach resident Jeff Dubitsky and environmental advocate Stel Bailey's nonprofit organization of wrongdoing. However, Gibson's statement contradicts her previous commendation and applause for their successful work on PFAS contamination in a Brevard County Delegation meeting, which calls into question the validity of her accusation.

Gibson was involved in the 2018 closed-door meeting, where a canceled meeting still occurred. The meeting addressed concerns regarding contaminated water and potential cancer clusters. Police officers guarded the doorways and only allowed selected residents to attend. Video footage captured this incident, but the council members in charge were not held responsible for their actions. Gibson is the only council member remaining on the city council that is named in a lawsuit filed for violating sunshine law in 2018. 

The city council members did not discuss whether they should pursue Bailey and the residents for their attorney fees. Judge Paulk dismissed the lawsuit but did not explain why. The company appealed the decision, and the appellate court upheld it while denying the city's motion for attorney fees, stating that the lawsuit was not frivolous. The city attorney announced that they would continue pursuing Bailey for the costs by returning to Judge Paulk in the lower court. The decision to pursue legal fees from the residents whose civil rights were violated was made without a vote, and the city still uses taxpayers' money to prolong the legal process.

The appellate court denied fees by Judge Lambert on March 8, 2022.

City of Satellite Beach Sunshine lawsuit

Over the years, Bailey has consistently tried to establish connections with the city to find solutions for PFAS contamination, engage the South Patrick Shores community, and address health concerns in the area. We have found no evidence of any members of this organization engaging in unprofessional behavior with City of Satellite Beach government officials. Some council members have tried to create the false impression that the organization is linked to outside activists who are not part of the board or volunteer team. Politicians frequently use this strategy to tarnish someone's reputation through association.


Council member Mindy Gibson was recorded speaking with several individuals who were denied access to a public meeting that was scheduled for September 2018 outside of the Satellite Beach city hall. Despite being posted as a public meeting, it was canceled at the last minute but still proceeded. Police officers guarded the entrance doors. Gibson refused to answer questions about why only a select group of people were denied access to the meeting while others were permitted inside. 

Mark Brimer, Mindy Gibson, Frank Catino
September 17, 2018: Elected officials Mark Brimer, Mindy Gibson, and Frank Catino together behind closed doors.

Councilwoman Gibson is found discussing the case via Facebook messenger through public records suggesting that fees were well over $100,000 in February of 2022.




In previously disclosed public records, officials were observed discussing that PFAS was not a concern and contemplating ways to circumvent legal requirements for transparency. These same records also exhibited numerous email threads among city associates, urging their friend's presence at city council meetings to dispute claims made by cancer survivors and their families who were worried about the water.



As citizens of the United States, we have the right to hold government officials responsible for their actions. Penalizing families who seek justice will only weaken the trust within our community and discourage people from participating in civic activities.
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