Apopka City Attorney Cliff Shepard warned commissioners on Wednesday that Sunshine Law compliance is not only about avoiding actual violations, but also avoiding the appearance of impropriety, as the city’s new commission continues reshaping meeting procedures and transparency practices. 

Shepard delivered a Sunshine Law review during the City Commission meeting at the request of Mayor Nick Nesta, who described the presentation as an opportunity to ensure the newly seated commission remained on the same page regarding public meetings and communications.  

“If you had to ask me, the one thing that I think you need to know for all of you to stay out of the newspapers … it’s the Sunshine Law and public records,” Shepard told commissioners.  

The presentation followed a long-time debate in the community over public participation and transparency at City Commission meetings, including disputes over where general public comment should be placed on agendas and how meetings should be documented in official minutes. 

Throughout the presentation, Shepard repeatedly emphasized that conversations between commissioners about matters that could foreseeably come before the board – whether through text messages, social media, phone calls or intermediaries – could create legal problems. 

He also warned commissioners about engaging with each other through Facebook comment threads or private messaging related to city business. Even if commissioners communicate through an intermediary on social media, it creates the same Sunshine Law problem as direct communication, Shepard said.  

The city attorney cited several recent Sunshine Law cases across Florida as examples of how investigations and lawsuits can arise from improper meetings or communications. 

Shepard said Florida’s Sunshine Law requires meetings to be publicly noticed, accessible and properly recorded. However, he cautioned the commissioners to be mindful of how their actions are perceived by the public, saying “appearance matters hugely here.” 

“What do I recommend? Be Caesar’s wife. Don’t lose your head,” Shepard said. 

Meeting changes, workshops and commissioner office space 

The Sunshine Law discussion came as Nesta outlined several procedural and operational changes he wants to implement under the new administration. 

Among them are proposed monthly workshops before commission meetings, expanded public discussion opportunities, preliminary budget workshops and possible future adjustments to commission meeting dates and times.  

Nesta announced a preliminary budget workshop for 6 p.m. on May 13, and the first monthly workshop will be 5:30-6:30 p.m. on May 20.  

Nesta also announced agendas would now be released one week in advance to provide commissioners and residents additional time to review agenda items and meet with staff.  

Vice Mayor Diane Velazquez said commissioners are now being provided dedicated office space at City Hall, something she said would help elected officials hold regular office hours with residents. 

“I went in, and it just felt really nice to have a place that I can kind of call home,” Velazquez said. 

Commissioner Nadia Anderson raised concerns about whether commissioners regularly gathering near each other in office areas could create Sunshine Law issues. Shepard said it could. 

“The worst thing you could possibly do is look at what other people do and assume they’re doing it right,” Shepard said after Anderson referenced seeing commissioners interact in office settings in other cities.  

Shepard said even innocent conversations between commissioners could create public suspicion if residents cannot hear what is being discussed. 

“You could be talking about the weather, and it is completely legal to do so,” Shepard said. “It is also going to get you in trouble, because people will report it anyway.”  

Velazquez said Nesta plans to provide an administrative assistant to help coordinate commissioners’ schedules and office hours to avoid potential Sunshine Law issues. 

Nesta said the city would “navigate that delicately to make sure it’s done properly.”