Melbourne Beach commissioners opt for public meeting on public‑records lawsuit; mayor recuses

The Melbourne Beach Town Commission voted on Feb. 27 to hold an open meeting, not a closed attorney‑client “shade” session, to discuss strategy related to litigation expenditures in LLC v. Town of Melbourne Beach, case no. 2025‑CA023102, a public‑records lawsuit with a trial date of April 8, 2026.

Town Attorney Ryan Knight had asked the commission to convene a private attorney‑client session under Florida Statute 286.011(8) and proposed holding the shade meeting on March 4, 2026. He told commissioners a shade meeting would limit public disclosure of strategy and that only commission members, the town manager, the town attorney and a certified court reporter may attend. He said the transcript of a shade meeting is recorded by the court reporter and becomes public only after litigation concludes.

Several commissioners asked for clarification about the scope and risks of a shade meeting, including whether comments in a public session could later be used in court. Knight described the difference between a public record and confidential attorney‑client communications, and said he would review case law on penalties when discussions stray beyond the shade meeting’s permitted topics. He noted the statute provides for a public‑meeting violation and referenced that courts have treated some violations as noncriminal infractions with fines (the statute cited was section 286.011).

A motion was made and seconded to hold a public meeting on March 4 instead of a shade session. Mayor Allison Dennington announced she would recuse from the vote because of a conflict, saying, “I will recuse myself from the vote as I have a conflict because uh I am a uh member and co‑manager of Fenu.” The motion carried with four votes in favor, zero opposed and one abstention (Dennington).

Vice Mayor Terry Cronin moved to hold the matter in public; Commissioner Anna Butler seconded the motion. Commissioner Tim Reid said he was “torn” but emphasized the value of transparency, while Commissioner Sher Corey said she also favored transparency.

Commissioners also discussed logistics: Knight and staff said a court reporter is required for a shade meeting and estimated costs could range from roughly $500 to $1,000 depending on length and transcript services. Knight said he would provide commissioners with additional materials, including a witness list (he said he had received a witness list of about 50 names) and additional legal references about consequences for improper topics in closed sessions.

The commission discussed scheduling the March 4 session to align with a planned workshop that day and considered start times to allow public notice. The meeting then adjourned.

What happens next: The commission directed staff and the town attorney to set logistics and public notice for a March 4 public meeting to discuss litigation strategy; any formal votes related to litigation expenditures would be taken in public at that meeting.