Sarasota cracks down on 'open' email policy

Thursday

Dec 5, 2013 at 10:38 AM

IAN CUMMINGS

The resolutions, memos, training, gentle reminders and lawsuits have not worked.

The problem persists: civic-minded Sarasota residents on advisory boards continue to use private email accounts for public business, landing themselves in hot water and causing some city officials to throw up their hands in frustration.

In response to the latest complaint, the City Commission ordered Monday that none of Sarasota's nearly two dozen advisory boards could meet again until the issue is — commissioners hope — finally settled. City staff are calling board members, dispatching IT staff to meetings, and collecting signatures on agreements to follow the city email policy.

In part, the effort is a replay of last year's reaction to an open-records lawsuit that ensnared two members of an advisory board.

“It's sort of a here-we-go-again kind of thing,” said City Attorney Bob Fournier. But the current problems don't yet include another lawsuit, he said, and that was just what commissioners said they hope to avoid.

This week's efforts were brought about by a public records request that led city staff to the private computer of Martin Rappaport, chairman of the St. Armands Business Improvement District advisory board. Michael Barfield, vice president of the ACLU of Florida, had requested information about the board that apparently could only be found in Rappaport's private email account.

On Monday, city staff explained that Rappaport was not the only advisory board member who never stopped using private email accounts for city business, despite repeated reminders.

“I don't know what else you can do to encourage the members to embrace the seriousness of it,” Snyder said. “Everybody knows you can't do this.”

Costly lawsuits

In order to answer Barfield's Oct. 9 records request, the city was forced to hire a forensic computer examiner to comb Rappaport's computer for city-related emails.

Barfield had filed the request, he said, to learn more about the activities of the St. Armands BID.

Rappaport could not be reached for comment It is not against the law for advisory board members to use their private email accounts, but it is against city policy, Fournier said. If an advisory board member produces public documents on their own email, they will be responsible for answering public records requests. As Rappaport and others have found, that can be a hassle.

Sarasota has required board members to use city-issued email accounts since 2011, and training sessions were held to remind them of that last year after Barfield sued the city, a commissioner, and two Downtown Improvement District advisory board members over similar requests for private emails.

That case cost about $50,000 to litigate, Fournier said, after the city settled some parts and others were dropped.

The city of Venice spent about $1.5 million on a lawsuit over emails four years ago.

Most local governments have policies governing city emails and are able to avoid major problems, said Chip Morrison, general counsel for the Florida League of Cities.

“All you can really do is keep trying to educate people about the law,” he said. “Your only other option is to significantly decrease the number of advisory boards.”

On Monday, city commissioners stressed that the advisory board members do a lot of good work — for which they are not paid — and that they are appreciated.

“What we want to do is protect private individuals who volunteer from having to hand over their computers,” Fournier said. “That's really for everyone's protection and convenience.”

Downtown business owner Ron Soto, one of the newest advisory board members, said he was prepared to follow the email policy as soon as he joined the Downtown Improvement District advisory board two weeks ago.

“I get it,” Soto said. “There's no reason to have the city sued because of something on a private email. It's a waste of time and money.”

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