Krause v. Reno

366 So. 2d 1244, 4 Media L. Rep. (BNA) 2102
CourtDistrict Court of Appeal of Florida
DecidedFebruary 6, 1979
Docket78-539
StatusPublished
Cited by58 cases

This text of 366 So. 2d 1244 (Krause v. Reno) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Krause v. Reno, 366 So. 2d 1244, 4 Media L. Rep. (BNA) 2102 (Fla. Ct. App. 1979).

Opinion

366 So.2d 1244 (1979)

Robert KRAUSE et al., Appellants,
v.
Janet RENO, As State Attorney, for the Eleventh Judicial Circuit of Florida, and As a Citizen of the State of Florida, and Jim Smith, As Attorney General of the State of Florida, et al., Appellees.

No. 78-539.

District Court of Appeal of Florida, Third District.

February 6, 1979.

*1245 George F. Knox, Jr., City Atty., and Sherman Bennett Mayor, Asst. City Atty., for appellants.

Jim Smith, Atty. Gen., and Frank A. Vickory, Asst. Atty. Gen., Tallahassee, Joseph P. Averill, Paul & Thomson and Dan P.S. Paul, Miami, for appellees.

Before PEARSON, KEHOE and SCHWARTZ, JJ.

KEHOE, Judge.

Appellants, defendants below, bring this appeal from an order dated February 24, 1978, entered by the trial court in favor of appellees, plaintiffs below. Among other things, the order permanently enjoined appellants from holding any meeting for the purpose of screening applications and making recommendations for the position of Chief of Police for the City of Miami unless such meeting is at all times open to the public, properly noticed in advance, and the minutes of such meetings are recorded and promptly opened to public inspection. We affirm.

On February 21, 1978, Janet Reno, State Attorney, filed a complaint for declaratory and injunctive relief against appellants seeking, among other things, to have the trial court declare that any meeting held by appellants to assist the City Manager of the City of Miami in choosing a new police chief was subject to the provisions of Sections 286.011 and 286.012, Florida Statutes (1977), and to permanently enjoin appellants from meeting unless the provisions of Section 286.011 were met, i.e., basically, that any such meeting be open to the public. Thereafter, appellees Miami Herald Publishing Company and Miami Daily News, Inc., after their petitions to intervene were considered by the trial court, were added as additional parties plaintiff in the cause. Subsequently, after memoranda of law were filed by the various parties, the parties entered into a stipulation of facts upon which the cause came on to be heard on the complaint for declaratory and injunctive relief. After the hearing, the trial court entered the order appealed which, in pertinent part, provides as follows:

"THE ABOVE ENTITLED CAUSE came on to be heard before the undersigned Judge on the Complaint for Declaratory and Injunctive Relief filed by the Plaintiffs, and the Answer to said Complaint filed by the Defendants, ROBERT KRAUSE. The parties have stipulated and agreed that this matter may proceed to final determination based on the foregoing pleadings without observing the formality of deferring the *1246 final hearing as provided for pursuant to the Florida Rules of Civil Procedure, and all defendants are before the Court.

"The uncontroverted and stipulated facts are as follows:

"1. This is an action for declaratory judgment pursuant to Chapter 86, Florida Statutes, and for a temporary and permanent injunction pursuant to Sections 286.012 and 286.011, Florida Statutes, and the Florida Rules of Civil Procedure, § 1.610.

"2. Plaintiff Janet Reno, is a citizen of the State of Florida and State Attorney of the Eleventh Judicial Circuit and brings this action in the name of the State of Florida; Plaintiff Robert L. Shevin, is the Attorney General for the State of Florida.

"3. Defendant, Robert Krause, and four other persons were selected by the City Manager of the City of Miami to meet together and jointly screen applications, conduct interviews, evaluate candidates, and recommend four or five of the best qualified candidates, which would culminate in his appointment of a Chief of Police for the City of Miami, Florida, and to assist the City Manager in the process of making his final selection of a Police Chief.

"4. The City of Miami is a political subdivision of the State of Florida.

"5. With the exception of the Defendant, Robert Krause, all of the other selected individuals are private citizens and are not staff or personnel in the employ of the City Manager or of the City of Miami.

"6. The foregoing selected individuals were requested by the City Manager to meet together to jointly review the approximately 165 applications for the position of the Chief of Police of the City of Miami; to recommend the elimination of those applicants who did not appear to be sufficiently qualified; to conduct interviews only among the approximately 15 they decided were the best qualified, and to recommend the names of four or five applicants from whom the City Manager may appoint one to the position of Chief of Police of the City of Miami. The travel expenses of seven or eight of the applicants to be interviewed who reside outside of Dade County will be paid from public funds of the City of Miami and the City of Miami is paying the travel expenses of Watkins to return from Tennessee for the February 25, 1978 meeting and providing any necessary secretarial services required by the group. The City Manager has advised the public that it is unlikely that he will appoint anyone as Chief of Police who is not among the persons who are recommended by this group. However, the City Manager has additionally advised the public that based upon his powers as they are enumerated in Section 16 of the Charter of the City of Miami, and Section 43-2 of the Code of the City of Miami, he is not precluded from appointing any individual who, in his judgment, is qualified to occupy the position, notwithstanding any recommendation by the foregoing group.

"7. On February 8, 1978, Defendant Krause, and the selected individuals held a meeting at Miami City Hall at which the City Manager and the City of Miami turned over to them applications which were received by the City of Miami for the position of Chief of Police and the selected individuals began the process of evaluating the applications and narrowed the field of applicants at the February 8th meeting to approximately 15 to 18 candidates for further consideration.

"8. The public was given no notice of this meeting nor was this meeting at any time open to the public. No minutes were kept of this meeting which were made available to the public. Demand to enter this meeting was made by a newspaper reporter, who is a citizen of the State of Florida, and such demand was denied by the City Manager and the foregoing selected individuals.

"9. Defendants intend to hold another meeting on February 25, 1978, of which no formal notice has been given and which will not be open to the public.

The question posed to this Court for determination is as follows:

*1247 "Whether the Defendants composing this advisory group, which was appointed by the City Manager, Joseph Grassie, is subject to the government in the Sunshine Law.

"Application was made by the Miami Daily News, Inc. to intervene as a party plaintiff, and application was made by the Miami Herald to intervene as a party plaintiff and both applications were granted.

"The Court heard and considered the evidence presented, the arguments of the parties as well as the intervenors, reviewed and considered the Memoranda of Law submitted by the parties and the intervenors.

"The plaintiffs rely heavily upon the case of Town of Palm Beach v. Gradison, a Supreme Court of Florida case cited as 296 So.2d 473 to support their position. The defendants direct the Court's attention to the case of Bennett v. Warden, a Second District Court of Appeals case cited at 333 So.2d 97 as the controlling case, as it pertains to the facts at issue.

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Bluebook (online)
366 So. 2d 1244, 4 Media L. Rep. (BNA) 2102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/krause-v-reno-fladistctapp-1979.