HomeMy WebLinkAbout11-21-2007 Collective BargeningJan Palladino
From: Anthony Garganese [agarganese@orlandolaw.net]
Sent: Wednesday, November 21, 2007 4:19 PM
To: Andrea Lorenzo-luaces; Jan Palladino; Donald Gilmore; jfbush@pobox.com; Joanne Krebs;
Sally Mcginnis; Rick Brown; ROBERT MILLER; Sally McGinnis
Subject: Collective Bargaining
Attachments: SDOC6627.pdf
tj�
SDOC6627.pdf
(208 KB)
Andrea, here is the legal opinion regarding collective bargaining executive sessions that
you wanted for future reference.
BROWN, GARGANESE, WEISS & UAGRESTA, P.A.
Debra S. Babb-Nutcher"
Joseph E. Blitch
Usher L. Brown'
Suzanne D'Agresta"
Anthony A. Garganese°
J.W. Taylor
Jeffrey S. Weiss
'Board Certified Civil Trial Lawyer
"Board Certified City, County & Local Government Law
Board Certified Appellate Practice
Attorneys at Lazy
Offices in Orlando, Kissimmee, C
Ft. Lauderdale & Tampa
November 2), 2007
Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
U,Q,00/--
Re: Legal Opinion -Collective Bargaining Executive Session Exempt from Sunshine Law
Dear Andrea:
I am providing this correspondence pursuant to my email to you dated November 20, 2007.
As you know section 286.011, Florida Statutes, requires that all public meetings and records
be open to the public. However, section 447.605(1), Florida Statutes, provides that a limited
Sunshine Law exemption exists where such meetings are between the chief executive officer of the
public employer, or his or her representative, and the legislative body of the public employer relative
to collective bargaining. City of Winter Haven v. Florida Public Employees Relations Commission,
35 a So. 2d i 374 (F ia. i st DCA 19 7 8). The Attorney General has opined that this exemption applies
only in the context of actual and impending collective bargaining negotiations. Attorney General
Opinion 85-99; see also, Attorney General Opinion 99-27. Thus, when collective bargaining
meetings are held between the chief executive officer or his representatives and the City
Commission, the City is not required to post an agenda, have a court reporter present or prepare
minutes pursuant to this provision.
Additionally, section 447.605(1), Florida Statutes, provides that all work product in
preparation for and during such negotiations shall be confidential and exempt from the public record
disclosure requirements. See AGO 2003-09 (recognizing work product developed by the public
employer in preparing for closed labor negotiations and during negotiations is confidential, and
matters discussed during these closed sessions should also not be publicly disclosed). Therefore, the
City must not disclose collective bargaining work product to anyone other than the City Commission
and the chief executive officer and his representatives.
225 East Robinson Street, Suite 660 • P.O. Box 2873 •Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa (866) 425-9566 • Ft. Lauderdale (954) 670-1979
Website: www.orlandolaw.net • Email: firm@oriandolaw.net
I
November 21, 2007
Page 2
Accordingly, the City Commission's executive meeting set for December 4, 2007 is outside
the realm of the Sunshine Law and the public disclosure requirements, as it is a collective bargaining
executive session. If you have any questions concerning this matter, please do not hesitate to contact
my office.
Since ,
Anthony A. Garganese
AAG/tb City Attorney
cc: City Manager (via email)
Mayor & Commission (via email)