You say “tomaaato,” I say “tomaahto,” but it’s STILL NOT an employee

    A reporter called today to discuss a fire district board (somehow these folks seem to be the subject of more calls that most public bodies) that held a closed meeting last night to discuss a “personnel” matter.  They were discussing the deputy chief.

    Problem is, the guy they were talking about is a volunteer.  I don’t know about your copy of the law, but my copy of the law clearly states in that exception that it relates to a discussion about an “employee.”  It’s right there in black and white in my book.  How about yours?  What makes someone an employee? Well, the IRS has a long set of rules distinguishing between an employee and an independent contractor.  We could talk about those, but really, folks, it’s simple.  Do you pay unemployment insurance tax on this person?”  Do you withhold taxes from their wages and pay those monies to the IRS?  Did you complete a W-4 form when you hired this person?  If not, then they aren’t an employee.   I don’t know many volunteers who fall into that category.

    Frankly, you cannot “fire” a volunteer.  But regardless, you cannot discuss this person under exception 3 of Section 610.021.

    I would consider that fire district board members maybe don’t know any better.   But I know the state fire district association sponsors an annual seminar and that the sunshine law is a part of that seminar  (heck, I’ve even spoken at it in the past).  So there’s no excuse for these board members to be so ignorant of the law.

    Perhaps someone in the district needs to volunteer to read the law to these board members.  Or maybe they could employ someone to do that task for them.  Regardless, they need to start paying attention to the language of the law or they’ll find a judge willing to educate them.  Hopefully, at a cost!