Law complaint filed at Beach -- Mayor: Commissioner's private call was Sunshine violation

Law complaint filed at Beach -- Mayor: Commissioner's private call was Sunshine violation

By PETER GUINTA
peter.guinta@staugustine.com
Publication Date: 04/08/09

ST. AUGUSTINE BEACH -- A Sunshine Law complaint was filed Tuesday with the State Attorney's Office in connection with a telephone call made Friday by City Commissioner Edward George.

According to Mayor Frank Charles, who filed the complaint, City Manager Max Royle, City Attorney Geoff Dobson and he were meeting Friday with a candidate for the city attorney post soon to be vacated by Dobson, who is retiring May 4.

"While were in the meeting, my cell phone rang and the three of us could see Ed George's name on the screen," Charles said Tuesday afternoon. "Afterward, to show them that nothing illegal was going on, I placed Ed's voice mail on speaker."

George allegedly then identified himself as "Citizen George" and said, "If I were the mayor, I'd go out to Sea Colony and check out the boardwalk," adding that he'd just received an e-mail from a Sea Colony resident concerning the issue.

"It was completely unexpected," Charles said. "The violation was obvious and blatant."

Dobson said it violated the Sunshine Law and was a second-degree misdemeanor. Florida's Sunshine Law prohibits two members of the same elected or appointed board from discussing business out of the public eye.

Charles said Sea Colony was city business.

"The city is building a 1,600-foot boardwalk to the beach, and the people living in Sea Colony are opposed to how close the boardwalk is to their property. There could be litigation," he said.

George said Tuesday that he didn't know anyone had filed a complaint.

"I simply told (the mayor) that some people in Sea Colony had a problem, and that if I were the mayor -- and I was at one time -- that I'd go see them," he said. "It was simply informational."

He said the contractor had been instructed to move the walkway farther from Sea Colony but hadn't yet.

"My (message) was a one-way conversation," he said, "I encourage our residents to watch the entire meeting. I am the only one on the commission that questions the status quo. That appears to be unpopular.

"This has to be personal or political. I never intended to influence anyone in any way. I've always kept the citizens' needs first."

Sidebar

Not the first violation

In December 1988, two St. Augustine Beach commissioners, Mary Stallings and Valerie Kroll, were convicted of Sunshine Law violations and suspended by the governor.

According to information at City Hall, the two discussed removing the city building official, city manager and police chief during two radio-telephone calls.

A volunteer firefighter, however, heard the calls over a scanner and recorded what he heard.

Six misdemeanor charges related to the telephone conversations were filed.

Stallings, whose commission term had since expired, pleaded no contest to two misdemeanor charges and was placed on probation for six months. She now lives in Marsh Creek.

Kroll pleaded no contest to two civil charges of violating the Sunshine Law and was fined $250 on each charge, plus court costs.

Additional misdemeanor charges against Kroll were dropped.

She is now deceased.

Click here to return to story:
http://www.staugustine.com/stories/040809/news_040809_014.shtml

© The St. Augustine Record