How To File Criminal Charges on Agencies/Officials that Violate Laws on Public Meetings

Background:	Legally, the public must have a well-noticed opportunity to attend public meetings
Problem:	A state agency/official conducted the public's business in a secret meeting
Solution:	You follow this guide for charging that agency/official [for violating the law]

I. Definitions

Affidavit

a written statement made under oath before an officer of the court, a notary public or other person legally authorized to certify the statement.

Administrative Agency

a government body responsible for control and supervision of a particular activity or area of public interest... Administrative agencies are also called REGULATORY AGENCIES.

Notice of Publication

method of bringing... attention of parties who may have an interest therein by publishing notification of it in a newspaper of general circulation; permissible only where specifically allowed by statute and generally limited to actions involving land, estates or status.

Public Official

any elected or appointed person holding a public office and having duties relating to the sovereign powers of government. The term does not apply to public employees having purely ministerial duties.

Standing

the legal right to challenge in a judicial forum the conduct of another. In the federal system, litigants must satisfy constitutional standing requirements in order to create a legitimate case or controversy within the meaning of Article III of the Constitution. In construing this language, courts have held that the gist of a question of standing is whether the party seeking relief has alleged personal stake in the outcome of the controversy so as to insure that real, rather than remote or possible, adverseness exists to sharpen the presentation of issues.

II. Legal Citations

§286.011 FS

(1) All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, including meetings with or attended by any person elected to such board or commission, but who has not yet taken office, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings.

...

(3)

(b) Any person who is a member of a board or commission or of any state agency or authority of any county, municipal corporation, or political subdivision who knowingly violates the provisions of this section by attending a meeting not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

28-109.004 FAC

(2) No proceeding otherwise subject to Section 286.011, F.S., shall be conducted exclusively by means of CMT if the available technology is insufficient to permit all interested persons to attend. If during the course of a CMT proceeding technical problems develop with the communications network that prevent interested persons from attending, the agency shall terminate the proceeding until the problems have been corrected.

Art. I §24(b) FL Constitution

(b) All meetings of any collegial public body of the executive branch of state government or of any collegial public body of a county, municipality, school district, or special district, at which official acts are to be taken or at which public business of such body is to be transacted or discussed, shall be open and noticed to the public and meetings of the legislature shall be open and noticed as provided in Article III, Section 4(e), except with respect to meetings exempted pursuant to this section or specifically closed by this Constitution.

III. Samples

#	PDF	Comments	₧
1		√ Success \| Florida (FCHR) \| 'Failure to Publish a FAR Notice' barred public's attendance. State Attorney got involved.
2		√ Success \| Florida (FCHR) \| 'Technical Difficulties' barred public's attendance. Agency relented.
3		√ Success \| Florida (FCHR) \| 'Shotgun Meeting' barred public's attendance. State Attorney got involved.

IV. Templates

#	Link	Comments	₧
1		Replace all of the placeholder tags with real information (eg "[plfName]" becomes "John Doe").

V. Quick Analysis

Complete this process in the following 5 phases.

PHASE 1: NOTIFY PERPETRATOR

Contact the perpetrator (ie, the state agency/official).

Tell the perpetrator that he/she/it has broken the law.

Ask the perpetrator to obey the law. Specifically, require the perpetrator to:

(a) annul every official act that he/she/it carried out during the secret meeting; and

(b) reconvene the public meeting.

Sample Communication: MS Outlook Email

PHASE 2: SET DEADLINE

Choose a date/time that will give the perpetrator reasonable time to comply [with those two conditions - above].

Tell the perpetrator that if he/she/it doesn’t comply then you will take legal action.

PHASE 3: FILE CHARGES

Take legal action by filing a criminal complaint.

Send the complaint to your state/federal attorney’s office.

Typically, you'll file your charges in the location/jurisdiction in which the agency/official conducted its secret meeting.

PHASE 4: MONITOR COMPLIANCE

Stay in contact with the state/federal attorney.

Follow the docket.

PHASE 5: TAKE DIRECT ACTION

If the government doesn’t force/compel the perpetrator into compliance then take action yourself.

You can do so by filing a lawsuit:

see SunshineManual

Alternatively, you can find other ways to imbue the government with the integrity it needs to enforce its own laws.

VI. Quick Commentary

Find your state prosecutor!:
- listing: FL State Prosecutor Listing
- The prosecutor's office might need you to file a police report first
  - Jacksonville: 904.630.0500
    - also see Victims Rights Handbook
Feel free to use the template (see Part III - above) to help draft your criminal complaint
Download as many sample documents as you'd like
Prepare for your phone call/meeting
- Fill out the file according to
  1. your circumstances; and
  2. the guidelines of court
- Proofread your document as much as possible
Deliver your complaint to the prosecutor

VII. Additional Notes

Consider attaching a summons with your documentation
- Read one of these TBD How-To Guides
It's important to stay vigilant against government agencies/officials.

VIII. Conclusion

With the use of the templates/forms (as well as the samples above), you can more easily effectuate criminal prosecution against a state agency/official who has violated laws on public meetings.

Bottom Line: the government can't hold secret meetings about the public's business.

...POINTS & THINGS...

Congratulations! You're now booked up on how to Effectuate a Criminal Prosecution against State Agencies/Official Who've Violated Laws on Public Meetings!

Please get the justice you deserve.

Sincerely,

www.TextBookDiscrimination.com

How To File Criminal Charges on Agencies/Officials that Violate Laws on Public Meetings

I. Definitions

II. Legal Citations

III. Samples

IV. Templates

V. Quick Analysis

PHASE 1: NOTIFY PERPETRATOR

PHASE 2: SET DEADLINE

PHASE 3: FILE CHARGES

PHASE 4: MONITOR COMPLIANCE

PHASE 5: TAKE DIRECT ACTION

VI. Quick Commentary

VII. Additional Notes

VIII. Conclusion

...POINTS & THINGS...

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How To File Criminal Charges on Agencies/Officials that Violate Laws on Public Meetings

I. Definitions

II. Legal Citations

III. Samples

IV. Templates

V. Quick Analysis

PHASE 1: NOTIFY PERPETRATOR

PHASE 2: SET DEADLINE

PHASE 3: FILE CHARGES

PHASE 4: MONITOR COMPLIANCE

PHASE 5: TAKE DIRECT ACTION

VI. Quick Commentary

VII. Additional Notes

VIII. Conclusion

...POINTS & THINGS...

Buy™

Sell™

Shop™ Now

Pages That YouMight Also Like

Buy™

Sell™

Shop™ Now

add a comment

thank you, come again!TBD 1.037

Submit a Quiz Question

That Will Test Another User's Page-Specific Knowledge

Pages That You
Might Also Like

thank you, come again!
TBD 1.037