It took a lawsuit to obtain records. Notice of Compliance filed. It is over for now, but for the fees and costs assessed against the Village

It took a lawsuit. It took a full hearing before the Honorable Martin Zilber, Judge of the Circuit Court. This hearing took place on October 14, at 3:30 PM. 

Remember that very detailed Answer, Affirmative Defenses and Motion to Dismiss? The document alleging all the reasons why Mayor Cunningham and Palmetto Bay (in their minds) did not have to and should not be required to provide the documents requested in the complaint? Well, that appears to have gone bye, bye.

The Judge must have ruled without hesitation or without ambiguity. The Defendants, Mayor Karyn Cunningham and the Village of Palmetto Bay filed their Notice of Compliance in less than 48 hours of the hearing, notifying the "... Court and all parties of the production of supplemental public records to the plaintiff." (CLICK HERE to view this very simple notice to the court).

What is left? The Mayor and Palmetto Bay lost the suit, but it will be the taxpayers who are left holding the bill. Assuming that the Mayor and Palmetto Bay have fully and completely complied, all that remains is how much this will cost the Village Taxpayers in the form of attorney's fees and costs to both the attorney for the Plaintiff as well as to the attorneys hired to unsuccessfully defend Mayor Cunningham and the Village of Palmetto Bay.

Don't engage in victim shaming. I can hear the Mayor and her supporters now, victim shaming the Plaintiff.  Let's nip that in the bud right here, right now. The Mayor and Palmetto Bay had so many chances to provide the requested records - records that they waited nearly 48 hours after a full blown hearing before the Circuit Court Judge. The case was not dismissed, in fact, it had merit. The Plaintiff prevailed against the Mayor and Palmetto Bay who were required to comply with the ruling of the court (or agreement they were forced to make before the Judge) on October 14, hence the filing of their Notice of Compliance, again, notifying the "... Court and all parties of the production of supplemental public records to the plaintiff."

Sometimes the good guys win. The Court obviously was not going to the lawyers drag this matter out. The Taxpayers are fortunate that this was resolved quickly or the fees and costs could have really escalated.

TAX ALERT: we will follow and report on the fees and costs - ultimately paid by the taxpayers, though no taxpayer had any fault or involvement in the withholding of these records.

PRIOR RELATED POSTS / The tool box:

October 18, 2020, Transparency is important. Florida has strict disclosure laws relating to Public Records – Citizens have the right to access. The burden is on the government to demonstrate any exception.

October 19, 2020, A Palmetto Bay first (or worst!). A lawsuit had to be filed to obtain public records. It required a judge. The Palmetto Bay Follies (and not something to be proud of).