Wednesday, April 30, 2003

Dear Mr. Hofrichter, I am writing in response to your letter dated April 16, 2003, which I received from you on behalf of the Fayette County Chamber of Commerce Government Liaison Committee last week. While I appreciate your efforts to improve dialogue between elected officials and the Chamber, I have concerns with your approach.

My primary concern is that you are intentionally structuring these meetings to avoid the sunshine law, as stated in your letter, "Due to 'sunshine laws,' we will only be inviting two members from each council/commission."

I am uncomfortable that the committee seeks to avoid the public and press, as stated in the letter, "We intend this meeting to be an opportunity for blunt, open and honest discussions without the spectre of public attendance or press involvement."

I understand that the Chamber as a private organization is certainly entitled to meet in private. However, I feel that it would be highly inappropriate for a public official to deliberately meet behind closed doors and away from the public view. While your approach is legal, that doesn't make it right.

As you are aware, the sunshine law bars elected officials from discussing among themselves in private any issue that may come up for a vote. This prevents elected officials from conducting deliberations without public involvement and ensures that the public at all times is afforded access to meetings. Meetings are defined by the state open meetings law as any kind of gathering, convened to discuss public business. Sunshine laws are in place to ensure that the public's business is conducted in public.

The committee's approach of rotating the attendance of local elected officials, discussing matters that concern the public, and doing so in private sidesteps the sunshine law's intent and is, in my opinion, inappropriate. As a public official elected by the public to do the public's business in public, I cannot participate in these meetings.

I suggest that the committee schedule a public workshop, a special called meeting or addresses the local elected officials during the Association of Fayette County Governments (AFCG) meeting. Any of these options would provide an appropriate time and place for blunt, open and honest discussions that you seek. Open meetings are the foundation of our democracy we enjoy.

Steve Rapson

City Council Post 3