Judge rules against city of North Port in three-year-old public records lawsuit

Earle Kimel, Sarasota Herald-Tribune
·2 min read
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The city of North Port must give resident Stephanie Gibson access to social media posts made by former City Commissioner Chris Hanks, following a ruling by Circuit Judge Hunter Carroll. The city spent $9,524 in legal fees, rather than produce the records when requested.
The city of North Port must give resident Stephanie Gibson access to social media posts made by former City Commissioner Chris Hanks, following a ruling by Circuit Judge Hunter Carroll. The city spent $9,524 in legal fees, rather than produce the records when requested.

NORTH PORT – A circuit court judge has ordered North Port to produce social media posts from former North Port City Commissioner Chris Hanks in a three-year-old public records battle. 

To date, the city of North Port has spent $9,524 in legal fees, rather than fulfill a public records request from resident Stephanie Gibson to see the contents of Hanks’ Facebook page, as well as his Facebook messages.

Gibson asked for the records as part of a larger request involving documents related to the Sproat Workplace investigation into the conduct of former city manager Peter Lear.

The posts were made as Hanks had converted his public Facebook page from one that discussed city business to one that advocated for his campaign in the Republican primary for Seat 5 on the Sarasota County Commission – a position ultimately won by Ron Cutsinger.

Former North Port city commissioner Chris Hanks, seen here during a 2018 economic development conference, is at the center of an ongoing suit seeking access to his Facebook page and Facebook messenger notes. Once Hanks filed to run for Sarasota County Commission in December 2019, the city no longer archived that information.
Former North Port city commissioner Chris Hanks, seen here during a 2018 economic development conference, is at the center of an ongoing suit seeking access to his Facebook page and Facebook messenger notes. Once Hanks filed to run for Sarasota County Commission in December 2019, the city no longer archived that information.

Hanks filed to office in June, 2019 – roughly a year before the workplace complaint was filed against Lear. After three votes, a divided City Commission agreed to part with Lear under a separation agreement that followed the outside investigation into his affair with a subordinate.

What the judge ruled

Attorneys from Bryant, Miller and Olive – the outside counsel representing both the city and Hanks − had argued that the city had no duty to turn over the social media posts that were not made and received in connection with official city business. They asserted that Hanks, as a private citizen, was not required to do so either.

Stephanie Gibson, seen here in a Sept. 8, 2020 North Port City Commission meeting, will get to see some of the social media posts from former North Port City Commissioner Chris Hanks, after receiving a favorable ruling from Circuit Court Judge Hunter W. Carroll.
Stephanie Gibson, seen here in a Sept. 8, 2020 North Port City Commission meeting, will get to see some of the social media posts from former North Port City Commissioner Chris Hanks, after receiving a favorable ruling from Circuit Court Judge Hunter W. Carroll.

Judge Hunter W. Carroll concluded in a Dec. 21 order that “the city commissioners are persons acting on behalf of a city commission when they communicate with constituents on matters involving the city commission or to be voted on by the city commission.

“This is so even though the commission does not specifically authorize or direct the record to be created.”

Carroll ordered the city to supply records in its possession but agreed that Hanks cannot be compelled to do the same, because he is a private citizen and not a public official.

What’s next in the case

Carroll gave the city a Jan. 9 deadline to allow Gibson to inspect three Facebook posts, including a 28-second portion of a June 5, 2020 video during which city business was mentioned.

She is also entitled to review 39 comments posted between Nov. 13., 2019 and Sept. 11, 2020.

North Post spokesman Jason Bartolone – who also provided the accounting of the legal fees – said in an email that, ”Our litigation counsel will timely provide the identified records to the plaintiff’s counsel.”

He later added that all of that information had already been available on Hanks' public email page.

This article originally appeared on Sarasota Herald-Tribune: Judge rules against city of North Port in 2020 public records lawsuit