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BARTOW, FLA---When public officials in New York State hold secret meetings violating the state's Open Meetings Law or refuse to provide information under the state's Freedom of Information Law, they laugh about it and nothing happens.
The state Penal Law says a person is guilty of unlawful prevention of public access to records when, with intent to prevent the public inspection of a record pursuant to Article 6 of the Public Officers Law he willfully conceals or destroys any such record.
Although the law has been on the books for years, as of yet no one has been prosecuted under it.
But in Florida, it's some different.
In Bartow, 10 members of the Polk County Opportunity Council have been cited for allegedly violating Florida's Government-in-the Sunshine Law by holding a secret meeting.
Arraigned last week, they have each pleaded not guilty.
The 10 men and women serve on the board of the nonprofit organization which oversees a $12.4 million budget and administers services to the poor.
The charges against the 10 council members are not criminal but rather a civil infraction that carries a penalty of up to $500 each. They face no jail time.
If a public officer was charged in New York with preventing access to public records, it would be a violation---a non-criminal offense that carries a penalty of up to 15 days in jail and a $250 fine.
The Florida board members were charged by the Polk County state attorney's office after the board held a meeting behind closed doors for more than an hour in September without disclosing what was discussed.
When they returned into open public session, the board voted to admonish the PCOC executive director Carolyn Speed for a controversial trip to Las Vegas. She was later forced to resign in November.
The attorney representing the 10 board members has filed a motion to dismiss the charges. The case is scheduled for trial on Feb. 22. 12-26-05
© 2005 North
Country Gazette
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