Today (Dec 7), State Attorney Phil Archer released a three page letter (download below) outlining his decision not to file criminal charges for alleged Sunshine Law violations by the Brevard County Public School Board during their special emergency meeting on October 5, 2021. The session had been called to take public comment and review the Board's earlier decision to authorize a face mask mandate.

 

Reported disruptive behavior by some members of the audience caused Chairperson Misty Belford to call a recess and clear the meeting hall. The Board resumed the meeting with the public not allowed to re-enter the hall, but watching via live stream, and or listening to audio broadcast on speakers. Several members of the audience filed complaints with the State Attorney alleging Sunshine Law violations.

 

State Attorney Archer detailed how the evidence and testimony obtained during the subsequent inquiry held insufficient evidence to believe that the actions of the board, and specifically Chairperson Belford, amounted to an unlawful restriction of public access. However in his summary, State Attorney Archer cautioned the Board that "this type of action should be the rare exception and not taken as a matter of routine or convenience."