Appeals court upholds Sunshine Law convictions for former Sebastian City Council members

An appeals court has ruled to uphold the 2021 convictions against two former Sebastian City Council members for violating Florida’s Sunshine Law.

A three-judge panel with the Fourth District Court of Appeal seated in West Palm Beach on Wednesday concluded that an Indian River County jury in May 2021 properly convicted Damien Gilliams, 62, of three Sunshine Law violations and found Pam Parris, 63, guilty of one Sunshine Law violation, court papers filed Wednesday show.

In separate opinions, the appeals panel also threw out one perjury conviction against both Gilliams and Parris.

Parris, though, remains convicted of one count of perjury.

The charges stem from a scheduled April 22, 2020, Sebastian City Council meeting that was canceled by the city manager. The same night, Gilliams, Parris and Vice Mayor Charles Mauti held their own clandestine meeting in City Hall.

On his three Sunshine Law violations, the jury found Gilliams knew the City Council did not provide reasonable notice of the meeting and that he knowingly attended a meeting that was not open to the public at all times. His perjury conviction, which is now vacated, was for lying to investigators.

Parris’ conviction for violating the open-meetings law was on the same grounds; her two perjury convictions also related to statements she made to investigators.

Assistant State Attorney Lev Evans, who prosecuted Gilliams and Parris, said he expected the appeals court to validate the Sunshine law convictions.

“These commissioners met in secret to plot to overthrow the mayor, then walked into a dark council chamber where they had essentially a secret meeting without the public's presence and all of it was videotaped,” Evans said. “That is a very strong violation of the Sunshine Law.”

Flesh-eating zombie drug: This 'flesh-eating zombie drug' is showing up on Treasure Coast

Reducing pollution: Martin County water-quality project to lessen pollution entering St. Lucie River

He acknowledged the perjury counts “were not as strong.”

“We still felt like they were viable, and we went forward with those and the appellate court disagreed as to one of the charges,” Evans said.

Warning flag

The appellate opinions, issued by Chief Judge Mark W. Klingensmith and Judges Martha C. Warner and Cory J. Ciklin, came with a “clarion call” to the “hundreds of Florida public officials who are subject to the Florida Sunshine Law.”

Ciklin, in a separate concurring opinion, said he had “developed a concern” that some government officials subject to the Sunshine Law may not appreciate the possible criminal penalties that “lie in wait for those who carelessly fail to fully comprehend the Sunshine Law and abide by it.”

He noted that elected officials are provided a Government-In-The-Sunshine handbook issued by the Florida Attorney General’s Office.

The scenario in this case, he wrote, “is alarming.”

“Three duly elected members of the Sebastian City Council who were not allowed to privately discuss foreseeable government issues,” Ciklin noted, “did so anyway …to take official action at what in essence became a spontaneous, non-announced meeting of the three of them that lasted until the police showed up.”

“That imprudent action was itself a flagrant violation of the Sunshine Law,” Ciklin concluded.

More appeals expected

Lawyers for Gilliams and Parris said both are expected to remain free under the conditions of appeal bonds granted in September 2021 while further appeals are litigated.

Parris’ lawyer, Phil Reizenstein, of Miami, said he expects to ask the district court for a rehearing or ask the entire 12-member panel to take up the case.

“This is very devastating to her … she sought public service for all the right reasons and was admittedly naive about many things,” he said. “There's several legal maneuvers we have left. The first is to ask the entire fourth district to take a look at the case.”

For each of the three Sunshine law convictions, Circuit Judge Michael Linn sentenced Gilliams to 45 days in jail and issued a $500 fine. For the perjury conviction, now vacated, he was ordered to serve a 6-month jail term and pay a $1,000 fine.

Linn also ordered all of Gilliams’ jail terms to be served at the same time, meaning a total of six months.

For Parris’ two perjury convictions, Linn sentenced her to 90 days for each count, along with a $1,000 fine; she was ordered to serve 30 days in jail and pay $500 for the Sunshine law conviction.

However, Parris was expected to serve a total of three months, unless overturned on a future appeal.

Gilliams’ lawyer Jeffrey Garland on Thursday said the appeals ruling reduces his client’s jail term from six months to 45 days, if he is ever ordered to jail.

“I'm pleased with the ruling to the extent that it resulted in the reversal of a charge of perjury, which we felt was never well founded in the first place,” he said.

He said he hopes the entire district court will review the case, especially regarding the Sunshine Law.

The case, he said, “highlights the fact that the Sunshine Law is fundamentally flawed.”

“It's vague; it’s unconstitutional; and it has to be made up as you go,” he said.

Melissa E. Holsman is the legal affairs reporter for TCPalm and Treasure Coast Newspapers and is writer and co-host of  Uncertain Terms, a true crime podcast. Reach her at  melissa.holsman@tcpalm.com.  If you are a subscriber, thank you. If not, become a subscriber to get the latest local news on the Treasure Coast.

This article originally appeared on Treasure Coast Newspapers: Damien Gilliams and Pam Parris to continue appeals, lawyers say