submitted by a retired employment and compensation specialist
Despite repeated and numerous resident requests, the PLCA Board refuses to provide salary/compensation information for individual employees. The continued party line is to claim that the PLCA is not required to provide payroll information. Well, of course not. The State and reasonable people understand that payroll details are private since they may include information such as number of dependents, 401K deductions, alimony payments, etc. But, please, let us not be fooled by this resistance to adhere to the laws enacted by our State Legislature. Even if you are from the old school and believe all salaries are private – still – laws are laws – aren’t they?
Fact? – Read on:
In various correspondences the PLCA Attorney, Tom Hart, explains that the Association Board “believes” or its “position” is that the PLCA is not legally authorized to provide the requested information. Such terms of art are quite clever, but of course in his position as General Counsel to the PLCA, shouldn’t Mr. Hart be well aware of what the law requires?
Facts: Chapter 720.303 (5) (c) reads: … Notwithstanding this paragraph, the following records are not accessible to members or parcel owners: …
3. Personnel records of the association’s employees, including, but not limited to, disciplinary, payroll, health, and insurance records. For purposes of this subparagraph, the term “personnel records” does not include written employment agreements with an association employee or budgetary or financial records that indicate the compensation paid to an association employee. (emphasis mine) http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0720/Sections/0720.303.html
When copies of the 2008 Community Association Manager’s 5 year contract are provided to residents — the salary information is redacted. Really? Yes, really.
Still going on? Yes. On September 5, 2012 the Association Manager made the following statement during the Unit Owners meeting: “I also have a portion of a legal opinion that we got from an attorney other than Tom Hart. Since the term payroll has been deleted from the statute, the Association can comply with statutory changes by disclosing its budgetary or financial records without disclosing payroll information of its individual employees. That is where our board stands and that is where they will stand.”
Well, OK, What did she say … exactly?