Sunshine Suit

According to section 5.2D of the county charter:

Debt incurred by the county in excess of $20 million requires a referendum. 

The decision to file a Sunshine complaint against Sarasota County was not taken lightly. 

Public interest is best served when our democratic process is respected.  Healthy public debate allows differing information to be shared.  Serious deliberation of all options and all decisions should take place in the public square. No surprises, no secrets.

2/18/2010  “In Sarasota stadium deal, foes fight on” 

Charles N. Davis, executive director of the National Freedom of Information Coalition, calls the baseball lawsuit a “signature case” regarding taxpayer-funded economic development deals that are often negotiated as secretly as possible.

1/27/2010   “Sunshine suit aims to get baseball talks in public arena” 

Four county commissioners committed millions of public dollars for 30 years while skirting a referendum. They precluded substantive debate by refusing to allow a public presentation of information that may have refuted their glowing economic-impact claims, and it appears that a great deal of public business may have been conducted privately.

1/20/2010   “Referendum may settle law suit” 

Deputy County Attorney Frederick Elbrecht called the attorney for Citizens for Responsible Government and asked what it would take to settle its lawsuit.

Plaintiff’s attorney Andrea Mogensen sent Elbrecht a letter Jan. 19 that detailed all of the terms:    [Settlement offer]

9/28/2010   “$5,ooo settles Sunshine suit against commissioner Barbetta” 

Circuit Judge Bob Bennett ruled that three commissioners, including Barbetta, may have violated the state Government-in-the-Sunshine Law by discussing the Orioles negotiations in e-mail exchanges. Yet he determined that any violations were unintentional, and he refused to nix the deal.

The groups filed a separate lawsuit against Barbetta, claiming the commission chair did not fully respond to a public records request regarding his personal and county e-mail accounts.

7/8/2010   “Judge to Sarasota County: play ball” 

Circuit Judge Bob Bennett ruled Thursday that three County Commissioners may have violated the Sunshine Law by discussing the deal between themselves in e-mails.

But Bennett also ruled that members of the Board of County Commissioners should not be sanctioned for violations of the Sunshine Law, and authorized the county to issue bonds to pay for improvements to spring training baseball facilities including Ed Smith Stadium.

6/1/2010   “Group tries to halt Ed Smith renovation”

County Commissioners last week committed nearly $19 million from a variety of different sources to renovate Ed Smith, and awarded a construction manager contract for the job.

The idea is for the renovation to be completed by next season, and then for the county to issue construction bonds and put the money back into the assorted funds from whence it came. 

4/24/2010  “County Employee reassigned for baseball inquiry” 

 A mid-manager in county government was reassigned Thursday to keep him away from spring training contracts after e-mails surfaced that show he advocated behind the scenes for two baseball contractors he preferred.

4/20/2010  “County Commission defends Orioles deal”

“The meeting you’re conducting today is not a cure for your Sunshine Law violations,” said Jim Lampl, a board member of the citizens group. “This is a charade.”

11/14/2009   “Critics of baseball suing over e-mails” 

Attorney Andrea Mogensen said the consultant, Dan Barrett of California-based Barrett Sports Group, has failed to hand over e-mails about baseball that are public records.

Barrett wrote Mogensen to tell her that his computer crashed Oct. 5 and because of that the e-mails she requested were “unrecoverable.

Part1_First Amended Complaint 4.15.2010

Part2_First Amended Complaint 4.15.2010

Part3_First Amended Complaint 4.15.2010

Part4_First Amended Complaint 4.15.2010

Supreme Court Summary

9/16/2008 “It’s public record unless it’s a problem”

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