At one time, most of our elected officials were Rotary Club members. Should they notice every meeting held by this private organization? I mean, what could go wrong in a Rotary Club meeting which is known for selfless acts in the community?
Well, unfortunately, quite a bit. In my city the City Manager became a Rotary Club member in early 1996. In this organization were residents who were known to present vicious opposition to the city's plans. A few months after the City Manager became a member he reported back to the Commission to tell them that the members were happy about the brand new day. So, I think it's safe to say that city business was being discussed in the organization. The City Manager may have been breaching the Sunshine Law by being a conduit. But the elected officials may have also breached the Law.
A year later, when a major land development issue was consuming the city's agenda, someone stood up to report that there were Sunshine Breaches in these private meetings. It was hard to dispute the claim because the city attorney took a hit in that city meeting as a result of what was "leaked" to the community. What did the City Manager do to resolve this volatile issue that was being recorded on city tape? He suggested to the elected officials that they should subject themselves to a voluntary gag order.
From that point on the wagons tightened in this small community. Whoever was outside that inner circle was at disadvantage, and whoever was inside that circle, was at a great advantage. This inner/outer circle division would solidify when the legal land development issue was resolved with a confidentiality clause in a settlement agreement. What that confidentiality clause did, was provide legitimacy to a secret society. IMHO.
So, the Sunshine Law is not enough to cut through these inner circles. Most of the people who get recruited into them are not sophisticated enough to understand the law; and are unaware how illegal these conversations may be because this is part of an established social order.
But I think it's a great issue to debate.
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