Can Trustees communicate with one another by e-mail to discuss university business without violating the Sunshine Law?
Trustees may communicate with one another via e-mail without violating the Sunshine Act, so long as a quorum of Trustees are not involved. If a quorum of Trustees are included in the e-mail discussion, then it becomes subject to the Sunshine Law and may constitute an inappropriate discussion of agency business in secret, which the law prohibits. The law does allow for the mere providing of information in private without any actual discussion or other official action, but Trustees are cautioned against reliance on this provision to justify use of e-mail to communicate with one another about agency business.
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