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State Attorney Completes Consolidation Study Commission Probe
April 17, 2010
A review of the Escambia County Consolidation Study Commission will not lead to criminal charges, according to the State Attorney’s Office.
The State Attorney’s office reviewed a complaint alleging that certain members of the Escambia ounty Consolidation Study Commission violated the Florida Sunshine Law by discussing commission business by email. In addition, the SAO reviewed an allegation that two commission members violated the Sunshine Law by meeting with the editorial board of the Pensacola News Journal.
“While we are troubled by the use of emails in this matter, we have determined that no crime was committed,” according to a report issued by Assistant State Attorney Gregory Marcille.
The consolidation student commission was created by the Florida Legislature to study and potentially develop a governmental consolidation plan for Century, Escambia County and Pensacola. According to the legislative act, the actions of the committee were subject to Florida’s broad Sunshine Law.
During the study process, a number of emails were exchanged between members of a draft subcommittee — Ken Bell (pictured), Janet Landers and Ed Fleming. They were charged with developing a draft document that was to be presented to the entire committee.
During the drafting process, a number of emails were exchanged between the committee members. Those emails, according to Marcille, were primarily one-way exchanges that did not involve any substantial discussion.
“Those emails that do involve an exchange of information are minimal and do not involve any discussion where an ultimate decision is made,” Marcille’s report stated. In addition, the committee met in public on at least eight occasions where the issues mentioned in the emails were discussed. “These actions would cure any possible violation,” the SAO’s report stated.
The State Attorney’s Office also investigated a January 12, 2010, meeting between the Pensacola News Journal Editorial Board. The primary purpose of that meeting was to introduce a consultant to the board. Consolidation committee members Ken Bell and Rick Harper attended that meeting.
“There was no discussion between Harper or Bell and Wilkes simply explained and answered questions posed by the News Journal about how the charter would work. As there was no discussion of any issue that was likely to come before the Consolidation Commission, no violation occurred,” according to the State Attorney’s Office report.
“While we find that no violation occurred in this matter, we continue to be concerned by the use of emails by members of organizations that are subject to the Florida Sunshine Law. While the emails between the members of the Draft Committee did not contain an exehange of information as contemplated by the Sunshine Law, they do raise concerns in the mind of the general public,” the State Attorney’s Office report concluded.
Pictured above: Escambia Consolidation Study Commission Chairman Ken Bell. Pictured below: The only Escambia Consolidation Study Commission meeting held north of Ten Mile Road was held in Century last October. NorthEscambia.com file photo, click to enlarge.
Comments
6 Responses to “State Attorney Completes Consolidation Study Commission Probe”
REGARDING:
“Why do people engaged in public business lose their 1st Amendment Right to speak and associate with whomever they wish whenever they wish about any topic they wish? I do not believe that the broad domain of the Sunshine Law is constitutional as it too arbitrarily limits the speech rights of individuals.”
I wonder about the Constitutionality myself every now and then.
On the other hand, they actually are not forbidden to speak or associate. They are forbidden to do it in secret. I sometimes enjoy imagining every official having to wear a wrist device with audio, video and GPS recording, available to all to review. Sure it would deny right of privacy of public officials, but that is part of the concept of “public” officials.
The real idea is based on a futile attempt to force politicians to be honest. If they are allowed to meet privately with potential sources of money, surprisingly many of them vote the way the sources of money desire and they receive money in return. When not done by Congress, this is called bribery.
Consider commissioners who met with contractors who gave to their campaign funds and then convinced other commissioners to throw out a bid to favor the contributor.
Consider WD giving money to Willie Junior to vote to buy land at an elevated price, ultimately leading to suicide and immediately leading to loss of public money.
Anyway, if you insist you would only take a position of public trust as long as you could make backroom deals, you might be wise to eschew such positions. Most voters might be tempted to reject your candidacy.
David considering monitoring politicians
more closely than convicted criminals
because they handle more of my money
Without getting into a name calling facade, let me remind all of the voters and citizens of Escambia County that one thing you can be assured . The major players in this consolidation issue will surface again. Just remember who they are and don’t forget to send them packing as soon as their name ssurfaces.
Dear sean on April 17th, 2010 10:00 am:
Thank you for your pledge to “NEVER” enter public service in Florida.
We don’t need any more public servents that can’t understand that the difference between right and wrong. We have far too many already.
Why do people engaged in public business lose their 1st Amendment Right to speak and associate with whomever they wish whenever they wish about any topic they wish? I do not believe that the broad domain of the Sunshine Law is constitutional as it too arbitrarily limits the speech rights of individuals. I would NEVER enter into public service in this state as I have absolutely no desire to abnegate my rights of speech. I understand the intention of the law to prevent complicity, but the effect of the law is that it discourages those who might otherwise participate in public business from doing so.
Hmmmmmm . . . . I thought FS119 Sunshine forbade the unpublished meeting, not the time, place or topics talked about. Didn’t we have a 5th Dist. Commisioner who fell prey to that over meeting with Volunteer Fire Department people – even though no improper topics were discussed. Well silly me!
This sounds like a very light investigation that has a heavy sugar coating put on it by the State’s Attorney to me. I’ll assert that the lawyer for the state is influenced by the retired state supreme court judge and there was no way that the prosecutor would ever find fault in the judge. Besides, most folks know that there was plenty of “dirty behind the scenes” politics surrounding this scheme to get all of the county’s residents to assume Pensacola’s debt. All I can say is thank goodness the consolidation commission is now defunct and the consolidated government push is dead.