Krause v. Reno, 78-539
| Decision Date | 06 February 1979 |
| Docket Number | No. 78-539,78-539 |
| Parties | 4 Media L. Rep. 2102 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. |
| Court | Florida District Court of Appeals |
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.
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 question posed to this Court for determination is as follows:
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