The First Amendment Foundation (FAF), a non-profit focused on free speech and open government, informed Hillsborough County Public Schools (HCPS) Superintendent Addison Davis that his actions may have violated Florida’s Sunshine Law, which requires community access to public school proceedings.
Davis’ lawyer denies that the law was violated.
A leaked email shows that on August 14, FAF President and former U.S. Attorney Pamela C. Marsh contacted Davis’ office. Marsh explains that community members and journalists contacted FAF to voice concerns over Davis’ one-on-one calls to school board members.
“These calls led to an abrupt decision, announced by you yesterday after no public meeting,” the email reads. “This announcement was a stark change from the vote made by the Board in accordance with Florida's Sunshine Laws on August 6th to delay physical school openings by four weeks.”
The email points out that Davis was quoted in the Tampa Bay Times saying that he had one-on-one conversations with the school board members about the state’s decision to override the school board’s vote and reopen brick and mortar schools by August 31.
The “spirit and intent of the Sunshine Law” mandates that all governmental proceedings related to public boards and commissions, as well as documents related to those proceedings, are made available to the public. Typically, all Hillsborough County School Board decisions are made through public meetings, which include time for guest speakers to comment on proposed items in the meeting agenda.
“We understand that these are difficult times and school deadlines are looming, but no portion of the Sunshine Law has been suspended during the pandemic crisis,” Marsh continues. “This is both a constitutional and statutory mandate that cannot be overruled by Executive or emergency order.”
The message also calls Davis’ one-on-one meetings “bad public policy,” before listing four Florida court cases in which the Sunshine Law was enforced; it also explains to Davis that it is, “impermissible for a superintendent to act as a ‘go-between’ among school board members in private meetings”.
Marsh wraps up her email by explaining to Davis that open government laws serve as a way for the public to hold the government accountable for its actions.
“Citizens should be encouraged to participate in their government and these one-on-one private calls act as a disincentive and deterrent to civic engagement,” Marsh wrote. “We strongly urge you and your fellow Board Members to desist in this questionable practice.”
The email was also CC’d to all Hillsborough County School Board Members. As of the publishing of this article, it is unclear which party leaked the email.
HCPS Media Outreach Manager Erin Maloney provided a written response to Marsh’s letter from the desk of lawyer Jeffrey W. Gibson, who represents Superintendent Davis.
“Respectfully, the superintendent is well aware of his obligations to ensure strict compliance with the Sunshine Law and he in no way breached these obligations with recent discussions with board members,” Gibson wrote.
Gibson went on to explain the history leading up to this moment, specifically the August 6 school board meeting in detail, and acknowledged that the Florida Department of Education rejected the school board’s vote to delay in-person learning for the first four weeks of school.
“The Department determined that the District would need to open in person instruction on or before August 31st, 2020, to be in compliance with the School Board and FDOE approved plan,” wrote Gibson. “The superintendent, as is his obligation, briefed the School Board members.”
Gibson added that the supreme court has long held that staff briefings do not implicate the Sunshine Law. He referred to one Florida legal case to support this claim. He noted that because there was no official vote planned to be held, and because Davis cannot vote on board matters, that he did not violate the Sunshine Law.
On the same day that this email was sent, a ruling by Florida judge Charles Dodson supported the Florida Education Association’s lawsuit against the state for trying to change the plan the board had voted on. He said the state decision to open schools on August 31, “Essentially ignored the requirement of school safety.” Dodson went on to point out that, “Some teachers are being forced to quit their profession in order to avoid an unsafe teaching environment.”
The state appealed the judge’s decision and Davis said Hillsborough schools will stick with the August 31 reopening plan, or risk losing funding if the state’s appeal wins. On Thursday, Dodson, lifted the stay—which was automatically put in when the state appealed—on his ruling against the state’s school reopening order. Simply put, this means Dodson's order will remain in effect while the state appeals. The news also means that local districts will be allowed to make their own decisions regarding reopening. An emergency meeting of the Hillsborough County School Board is set for 8 a.m. Friday, August 28.
In his latest order, Dodson wrote that “Potential irreparable injury will be suffered by hundreds of thousands of school children, many teachers, and the community at large if the temporary injunction order is stayed. The evidence before the Court plainly demonstrates that as a result of Defendants’ [DeSantis, Corcoran] unconstitutional action requiring a statewide reopening of schools during the month of August 2020, without local school boards being permitted the opportunity to determine whether it is safe to do so, places people In harm's way."
Teachers have met the plan to reopen in-person classes with resistance, and some have indeed quit or taken leaves of absence rather than risk their health. In a previous article published by CL, a civics teacher claimed that he believed the state’s decision to reopen was illegal. In the same article, another teacher pointed out that every medical professional at the August 6 school board meeting had advised against reopening in August, which was ignored by some school board members and the state.
Judge Dodson cited the teachers resigning and retiring due to the risk of exposure to COVID-19 and the uncertainty surrounding long-term effects of exposing young students to the virus is writing that, “The Court finds that the harm which would arise if the automatic stay is permitted to remain in place is irreparable and incapable of being remedied through money damages. On the other hand, any injury to defendants would be negligible if the temporary injunction remains in effect during the pendency of further proceedings.”
This marks the second time in two months that Davis has found himself under scrutiny for his practices. In July, the Tampa Bay Times published a story revealing that Davis secured School Board approval for $3.7 million in funds to be used to purchase learning materials from a company called Achieve3000, of which his brother is the Executive Vice President. He did not inform the School Board that his brother held this position at Achieve3000 before approving the contract. Davis said that his lawyer informed him that his actions were not against any school district rules.
In a statement to Times, Davis wrote, “I would in no way put myself or this organization in a compromising position.”
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