FAIRHOPE, Ala.—Day in, day out, city officials and employees face thorny issues requiring them to decide whether they are in compliance with state ethics and sunshine laws.
The answers to those questions are not always clear. And recent legal …
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FAIRHOPE, Ala.—Day in, day out, city officials and employees face thorny issues requiring them to decide whether they are in compliance with state ethics and sunshine laws.
The answers to those questions are not always clear. And recent legal developments have complicated the situation further.
In 2005, the state enacted a new Open Meetings Act, which changed existing law in several important ways.
Consider the following:
When the council reconvened in open session, the following occurred: “Councilmember (Lonnie) Mixon moved to appoint Councilmember (Mike) Ford and Mayor (Tim) Kant to negotiate buying property for the Recreation Board and then report back to the City Council,” the minutes stated. “Seconded by Councilmember (Dan) Stankoski, motion passed unanimously by voice vote.”
If the council and mayor discussed the decision to appoint Ford and Kant to the job of negotiating the purchase of the land in executive session, which they then endorsed in open session, did that action violate the Open Meetings Act?
Those are just some of the kinds of questions that city officials and staff face on a regular basis.
On Thursday, they—along with neighboring councils and city boards and employees—can discuss those kinds of ethical and open-government issues with Ken Smith, general counsel of the Alabama League of Municipalities.
“I am asking you to make time in your busy schedule to attend this most important meeting that should last no longer than one and a half hours, so that you are aware of the ethics and how they relate to your service to our city and its boards,” Kant wrote in an April 29 memo to the council, board and commission members, and city department heads. “He will also be explaining the Sunshine Law.”
Kant said recently that the public is also invited to the June 18 meeting, which starts at 1 p.m. in the Fairhope Civic Center.
Although open government and ethics issues can often be complicated and hard to answer, sometimes the law is clear.
No matter what the answer might be to whether the council discussed some things in that May 11 executive session which might have violated the Open Meetings Act, this much is clear, according to the statute: “the material terms of any contract to purchase, exchange, or lease real property shall be disclosed in the public portion of a meeting prior to the execution of the contract.”
Knowing that the law requires that kind of disclosure is the kind of thing participants might learn at Thursday’s meeting.