OUT OF THE SUNSHINE The State Attorney’s Office is reviewing three written complaints from individuals alleging a Sunshine Law violation by an Escambia County Commissioner.
Assistant State Attorney Greg Marcille says witnesses are currently being interviewed to determine whether an investigation should be launched. Because it’s an ongoing investigation that started two weeks ago, Marcille says he cannot reveal the commissioner’s name or other details of the case.
Marcille wasn’t sure how long the review would last before an announcement would be made about whether sufficient evidence existed to investigate and file charges.
County insiders say the complaint alleges Commissioner Mike Whitehead used County Administrator George Touart as a go-between with another commissioner on an issue before the county.
The Florida Sunshine Law prohibits “meetings between a member of a public body and an individual who is not a member when that individual is being used as a liaison between, or to conduct a de facto meeting of, other members of the public entity,” the Florida First Amendment Foundation reports.
A public official who violates the Sunshine Law is guilty of a misdemeanor of the second degree, a non-criminal infraction, and can pay a maximum fine of $500 and may be removed from office.
The State Attorney’s Office regularly handles Sunshine Law complaints. Recently it decided no basis existed for charges against the Destin City Council. During the past summer, it found Pensacola City Councilmen also did not violate Sunshine Laws in a case involving e-mails about the Community Maritime Park project and did not meet behind closed doors.
Of course, at least in Escambia, public officials are prohibited as well from meeting at any Whataburger, socially or not.
