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Additionally, is the city arguing it can have secret communications with those demanding taxpayer monies be used to satisfy a ransom demand?” Along these lines, McNeil wondered if the city was “arguing that it can have secret contracts with vendors merely because they provide cybersecurity-related services,” based on declared exemption from disclosure. “The same arguments can be applied to every single one of the blanket denials,” McNeil argued, a “blanket exemption [which] is not appropriate and inconsistent with Florida’s broad sunshine laws.” This email, dated May 8, came in hours before local reporters offered their own critiques of how records are handled in Jacksonville’s City Hall. During a “media panel” in Jacksonville’s “ Task Force on Open Government ,” representatives from The Florida Times-Union, WJCT, and this outlet described a system in which transparency and sunshine are subjective concepts, driven by the whims of the gatekeepers. From the minutes: “The conversation focused primarily on public records and how they are accessed and received by the media. According to the panelists, there are often delays and unexpected costs associated with public records requests, which according to Florida Statute should be provided at a “reasonable” cost in a “reasonable” amount of time … some readily available public records appear to go through political review before being shared with the media, and the delays sometimes give the impression of being intentionally obstructive.” Suggested solutions were proferred also: “Legislation could be enacted to clean up the records process – possibly with timelines; make records easier and cheaper to get; incorporate public records sharing as a regular part of government.” However, the Office of General Counsel’s representative on hand diverged from the concord of the media panel members: “Jon Phillips, Office of General Counsel, expressed doubts about the public records obstacles and delays described by the media panel.” What is clear: there is a real gap between the way the media interprets the Sunshine Law and the concept of open government and the way city officials interpret it. Gaps have been identified before, of course, and will continue to be. With informational technology what it is, it is possible for all intragovernmental emails and texts to be online, made available in close to a real time way. The reality, at least in Jacksonville, is one of selective disclosure. For example, the only publicly available email addresses , of the Mayor and his senior staff, are not updated in a time-sensitive manner. And if Lenny Curry doesn’t have a secondary official business email, well, questions are raised, given that the official inbox is little more than a fruitless farrago of crank correspondence and conspiracy theory. Likewise, individual emails of Council members are available on no portal. While technology allows for a real-time cataloguing of such, legislative will doesn’t compel such. As the Florida Times-Union found when investigating text messages that swayed a line-item during a budget vote, texts were difficult to obtain, with some members of the City Council seemingly unaware that part of the job description was to be a custodian of their public records.
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