The beat goes on and on and on…

     Twice recently I’ve had calls from reporters wanting to discuss those packets that public bodies give to their board members at meetings.  The packets routinely contain information regarding topics to be discussed at the meeting.  Both times the reporters were told the packets were not available to the reporters.  (These materials relate to matters “under discussion,” to matters under “deliberation,” one reporter was told.) But it’s a funny thing …I don’t see those terms included in my sunshine law book in the exceptions to the mandate that all records are to be open to the public.

    (Oh, by the way, this second body was a school board.  Need i say more?)

    Those packets contain records retained by the public body.  Records are records, folks.  And records must be made available to the public upon request UNLESS any of those records have been closed under one of the exceptions contained in Section 610.021.

    BUT WAIT!  THERE’S MORE!  Another reporter today called to tell me about another board — another school board, of course — that took up the issue of bids for the purchase of a mower.  Bids had been opened.  Did the board accept a bid?  No.  Did the board announce it was refusing all bids?  No again.  Instead, the board decided to discuss this in a closed meeting.  And their reasoning?  Well, they didn’t want to discuss it in public for legal reasons, one member indicated.  Had they been sued or was someone threatening suit?  Of course not, although I suppose anyone can file suit for any reason at any time, but that’s NOT the intent of the first exception in Section 610.021.

    The beat goes on and on.  The excuses go on and on.  The drum keeps pounding a rhythm to your brain, but the brains of these folks obviously just don’t get it.  Sometimes I feel like a broken record around here.