Review into County 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, but added it didn’t necessarily mean the concerns about Sunshine Law violations had merit.

“Basically, what this means is that we reviewed the original complaint and decided to look into it further.”

“We’ve drawn no conclusions based on what we’ve received so far, but we’re very much in the homework phase,” he said.

The Office of the State Attorney’s review into the Alachua County BOCC was first reported in the July 7 edition of Alachua County Today.  A follow-up story with the County’s rebuttals to allegations of Sunshine Law violations ran 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.

Mann said the investigation process gives the State Attorney’s Office additional tools to conduct research into the allegations.  The transition from a review to an investigation also means records and documents associated with the case are no longer open to the public.

There seems to be no timetable for when the investigation might be complete.  The workload of investigators is heavy, said Mann, adding, “We’ve got to work it in with our murder cases, sexual battery, robbery and general crime cases.”

The investigation into the BOCC will require the State Attorney’s Office to look into multiple issues, Mann said.

Allegations that Alachua County Commissioners have violated Sunshine Laws have come largely from Ward Scott, a former candidate for county commission.  He claims that the BOCC has used informal meetings to discuss matters, reach conclusions and make decisions on which they will later take a formal vote.

Scott also criticizes the County saying 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,” or “crystalizing” a vote.

County officials are standing by their policies and say all of the meetings held by the board are open to the public, advertised and minutes are properly recorded.

Lee Pinkoson, Chair of the BOCC, said he doesn’t believe the BOCC is breaking any laws by having general discussions about issues, especially when the meetings are open to the public and advertised.

Alachua County Communications Coordinator Mark Sexton said, “They go to the meetings with the idea that any commissioner can bring up any subject they want to discuss.”

Scott is mixing issues, Sexton said, said, challenging Scott’s allegations, saying, “Whether a meeting is called an ‘informal meeting’ or ‘special meeting,’ is semantics.  That has nothing to do with the sunshine if it has been properly advertised.”

Sexton said according to the advice of legal counsel, the meetings require only three things to be in compliance with Florida’s Sunshine Laws.  If the public is invited to attend, the meetings are advertised and minutes are kept, then the meeting complies with Florida’s Sunshine Law.

Scott sees it differently, however.  He has posted a montage of audio clips demonstrating what he believes are violations of Florida’s public record and public meeting laws.