Light shined on Sunshine Law over city council members’ social media posts

Social media restrictions are not just for kids in Florida; they apply to elected officials, as well, and became a contentious talking point at a recent Oviedo City Council meeting.

During the June 3 Oviedo City Council meeting, restrictions placed on officials by Florida’s Government in the Sunshine Law were brought up when council member Natalie Teuchert voiced a concern regarding social media posts and the limitations on officials’ ability to respond.

Oviedo city council members Bob Pollack, Keith Britton, Mayor Megan Sladek, Natalie Teuchert and Jeff Boddiford 

“I ran for council to bring this community together and see how I could help do that, and I know we all have our own reasons for sitting up here,” she said at the meeting. “But I am in disagreement with how social media is being used as a divisive tool right now.

“If I were to, for example, get on Facebook and make a post that says something untrue or misleading, then no one on this council is legally allowed to respond,” she said. “I find it unprofessional to do this, because there’s not much we can do if someone lies about us or says something we don’t agree with. There’s also not much I can do about [it] if anybody else does that.”

The Government in the Sunshine Law, which was passed in 1967, outlines requirements for preservation of public records and social media compliance and has led to concerns from Oviedo officials about transparency and accuracy of information posted to social media.

The law “provides a right of access to governmental proceedings at both the state and local levels. It applies to any gathering of two or more members of the same board to discuss some matter which will foreseeably come before that board for action,” according to MyFloridaLegal.com.

Proceedings include unofficial in-person events, phone conversations, written correspondence, emails and social media in regards to any discussions that may come before the body in an official capacity.

The law is in place to prevent actions like back-door dealings between elected officials, and to allow the public to be informed on their conversations about policy.

Mayor Megan Sladek’s Facebook post (Image via Facebook)

While she did not single out anyone by name during the meeting, Teuchert was referencing a May 10 Facebook post and subsequent comments in the thread underneath it by Mayor Megan Sladek about a council vote to rezone 83 acres of land between East Broadway Street and Lockwood Boulevard to industrial use.

“I do make an effort to speak only for myself on social media, and I will go look through that again and make sure that I have not attempted to speak for anybody else,” Sladek said at the meeting in reference to a different Facebook post on her page, since she was unaware at the time which post Teuchert was referencing.

While Teuchert did not want to give further details about her problems with the post in question, she did want to bring attention to the limitations elected officials have in how they can and cannot respond to colleagues outside of official meetings.

“Before I knew that rule, maybe I [would] read one of those posts and I’m like, ‘Oh, this is it, and they’re not saying anything? So it must be true, right?’” Teuchert said. “You would think, if someone calls you names, you’re going to be like, ‘Hey, that’s not right, that’s not what happened.’ But we can’t say that. So that’s really the problem.

“You can essentially control the entire narrative without any pushback,” she said. 

In the comments of the post, Sladek responded to a user about the original deal for the land, “It’s all on [Deputy Mayor Jeff] Boddiford, [council member Keith] Britton, and [council member Bob] Pollack — they voted to sell the land to their drinking buddy’s client,” and in another comment said “I voted not to sell it, too. That was an idiotic inexcusable failure of stewardship by the three who voted to sell it. We didn’t even make it available to the highest bidder. Super shady.”

Comments underneath a Facebook post by Oviedo Mayor Megan Sladek (Image via Facebook)

“I never try to speak for them, I only post after the fact,” Sladek said. “[The post is] very carefully worded to say, ‘this is what happened, and if you don’t like it, you better change it next time.’ I guess that was kind of a little poke in the eye, but I did not pass judgment on the outcome other than suggesting that maybe people might do that.

“Are the optics good [about her comments regarding Boddiford, Britton and Pollack]? They are not,” she said. “So they need to be aware that that’s not a good look for them to be doing [things] like that.”

Sladek said she has not heard any feedback about the comments from Boddiford, Britton or Pollack.

“We’re not allowed to respond to those types of things [on social media] for running the risk of violating the Sunshine Law,” Britton said. “I don’t respond to what the mayor says.

“I don’t even go on Facebook except for family and friends,” he said. “So I’ve never seen any things that the mayor [has written].”

OCN also reached out to Boddiford and Pollack, but did not receive a response from either.

A comment in the thread under Mayor Megan Sladek’s Facebook post (Image via Facebook)

In regard to a different comment she made in the thread, which stated, “I wouldn’t go so far as to say anyone is lazy or greedy. What is more likely happening is either a lack of courage to suggest out loud at a meeting that city staff got it wrong (in case they got it right, and any of us looks foolish for having asked the questions) or a concern about hurting staff’s feelings by doubting the recommendation is a good one in the first place,” Sladek said, while conceding that it was perhaps one she should not have sent.

“That might have been perceived by [a council member] reading it as ‘[Sladek] is speaking for me, that I lack the courage,’” Sladek said. “Maybe [the statement Sladek made] may not be true

“Maybe it did suggest something about them that they don’t want represented about them,” she said. “So yeah, I regret that.”

Due to the Sunshine Law, council members would not be allowed to respond to the comments in the thread because the topic behind the comments — a zoning change — has and may again come up before council. Additionally, the law does not allow the deletion of comments because once written, they are considered public record.

Council members take a mandatory ethics course annually, during which they are educated about, among other things, the Sunshine Law, Teuchert said. Potential penalties for violating the law include the possible voiding of decisions, removal from office, imprisonment up to 60 days and/or fines of up to $500.

Officials are allowed to report a post for being untrue through Facebook’s mechanisms or post a carefully worded rebuttal on their own accounts, according to Oviedo City Attorney Julianna Ross. But they are barred from responding in the original post’s comments to correct the record or answer questions if it is pertaining to official business that has or may come up before council.

Even responding to non-elected officials’ posts could violate the law, since more than one response from an official would be considered part of it if it has to do with potential public policy.

Teuchert said that while there is not much that can be done about the law itself — a law that she said has many benefits overall — elected officials could consider adding disclaimers to their posts to add additional clarity for the public. Since not everyone has social media and wouldn’t have easy access to discussion taking place on it between elected officials, she suggested having officials note that what they are posting is their opinion and other council members are not able to respond due to the Sunshine Law.

“It makes it very difficult for us if one council member either comments on a thread or puts a post out there the other council members cannot respond to or it’s a violation of Sunshine Law,” Pollack, who is not seeking re-election in November, said at the meeting. “It puts us in a very bad position, so all of a sudden you get this stuff thrown at you, or other council members will make an accusation, and you can’t defend yourself on it.

“Just because we’re being silent doesn’t mean that we’re not upset about it. … It’s just that we, by law, cannot respond to it [in the thread],” he said. “I think it’s bad practice. I think it’s in bad taste, but it occurs.”

In regard to the Oviedo City Council, Teuchert hopes her bringing up the topic will have an impact on social media actions going forward.

“My ask on Council is: could we all be a little more professional about this?” she said. “If you’re posting on social media, that’s your right, and there’s nothing I can do about it. But maybe just make sure it’s clear this is your opinion and no one else’s, and not put opinions, or say how other people feel about issues because they can’t respond.”