*UPDATE JULY 14* County commission under review by State Attorney

*UPDATE JULY 14*

Review turns to investigation

The State Attorney’s Office has upgraded a review into The Alachua County Board of County Commissioners (BOCC), officials said Thursday afternoon.  The Office of the State Attorney Spokesman Spencer Mann said the review has now become an investigation.  Alachua County Today was first to report news of the review in the July 7 story below.  A follow-up story with rebuttals to allegations of Sunshine Law violations appears in the July 14 edition of Alachua County Today, but the latest news that an active investigation is now underway was only just released Thursday afternoon.  For continuing coverage of this issue, read Alachua County Today in print and online.

*Below was first published July 7, 2011*

The Alachua County Board of County Commissioners (BOCC) may be coming under scrutiny from the State Attorney’s Office.  The closer look apparently follows a citizen-led effort in which it is alleged that county commissioners repeatedly used informal meetings to formulate decisions on issues without public input or review.

“Our office is currently looking at information that has been forwarded to us,” State Attorney’s Office Spokesman Spencer Mann said Wednesday.

“There is no investigation…and no deadline” on the review of the information, he said.

Mann would not provide details about the nature of the review being conducted by the Office of the State Attorney.

“A lot of what drives our priorities are the major cases and the activities that have to go along with those,” he said.

Ward Scott, a former candidate for county commission and city of Alachua resident has criticized the BOCC for holding what he dubs, “the meetings before the meetings.”

It is in those informal meetings that county commissioners discuss matters, reach conclusions and make decisions on which they will later take a formal vote, Scott alleges.

When asked if he knew what the State Attorney’s Office was reviewing, Scott said, “I know what I think they should be reviewing, and that’s the gas tax, the sheriff’s budget and the special meeting that was never noticed, just to name a few.”

Scott confirmed that information about potential Florida Sunshine Law violations on the part of the BOCC had been provided to the State Attorney’s Office.

Among Scott’s chief criticisms is that notices for the informal meetings are vague and provide little information to allow the public to determine what will be discussed.  Moreover, he said, the minutes from those informal meetings often incorrectly state that “no action” was taken by the board.

Scott argues that in fact, some on the BOCC frequently used the informal meetings as a venue to gauge where fellow commissioners stood on certain issues, commonly referred to as “polling.”

In one instance, the commission nixed from its formal meeting agenda a discussion with Alachua County Sheriff Sadie Darnell to settle an ongoing budget dispute.  Commissioners cut the item after Commissioner Paula Delaney, the swing vote on the matter, said in an informal meeting beforehand that she wasn’t going to change her position.

Apparently unaware of the informal meeting, Darnell attended the county’s regular commission meeting to discuss the issue, but was turned away when the item was removed from the agenda.

“I’m tired of it.  You’re tired of it.  I know the public’s tired of it.  Let’s make a decision today, but let’s do so openly and among this body today,” Darnell said.

On another occasion, High Springs City Attorney Thomas DePeter expressed concern that the county commission had already reached a decision regarding the Haven Acres Cat Sanctuary before the public hearing was held.

In the July 14, 2009 meeting, DePeter said, “This meeting tonight is not for the purpose of hearing testimony to assist you in determining how to vote on a quasi-judicial matter, but to quote your board chair from a June 9, 2009 meeting, ‘To allow county staff to present their best case for the action the board has taken.’”

“It is disturbing to see the extent to which this board is willing to go to ignore the input of the City of High Springs on this issue,” DePeter said.

Also advising the county against approval of the cat sanctuary permit at that meeting was Alachua County Humane Society Executive Director Kirk Eppenstein.

“I urge you to make a wise decision, because there will be long term effects, I believe,” he said.

Some two years later, county officials called in the support of two national organizations to assist in removing cats from the sanctuary approved by the BOCC.  Nearly 700 cats were seized from the property, many, reportedly kept in unsanitary conditions.

Scott said the cat sanctuary and the sheriff’s budget issues indicate a pattern he’s finding with the county commission.  In Scott’s estimation, the BOCC is using informal meetings to strike a consensus among commissioners without regard for public input or oversight.

He believes the way in which commissioners reach a decision should be part of the official record whether it’s at a formal or informal meeting.  That public record includes the minutes, which Scott said frequently state that no action was taken by the board.

Several months ago, Scott launched www.wardscottfraudfiles.com where he has posted a montage of audio clips demonstrating what he believes are violations of Florida’s public record and public meeting laws.

To “crystallize” a decision at an informal meeting, Scott said, is to make an end-run around the Sunshine Laws.