STATE ATTORNEY FINDS NO SUNSHINE VIOLATION IN FORMER ISLAMORADA MANAGER’S SEPARATION

Rob Cole, former manager, at the Nov. 19 meeting when new council members were sworn into office following their election victories. Cole resigned from his post on Jan. 7. KEYS WEEKLY FILE PHOTO

No Sunshine Law violations were committed by village council members in relation to the resignation and subsequent, council-approved severance package with former manager Rob Cole in early January. 

An inquiry by Monroe County State Attorney Dennis Ward’s office was initiated shortly after public scrutiny was heard over the events leading up to Cole’s resignation at Jan. 7 meeting, when he announced his intentions to depart from the village manager post. Questions were raised whether village council members may have improperly discussed or coordinated the matter outside of a publicly noticed meeting, potentially violating Florida’s open government laws.

No evidence was found supporting the claims, as Ward said the investigation into the matter is closed. 

“Our office is unwavering in its duty to uphold transparency, accountability and Florida’s open government principles,” Ward said. “We pursued this investigation with the highest level of scrutiny and, after extensive interviews, document reviews and analysis of communication records, we found no violation of Florida’s Sunshine Law. While the community’s concerns were valid and warranted examination, the resignation process was conducted lawfully.”

With public comments at the Jan. 7 meeting came questions and remarks from the council members over Cole’s impending exit. A separation agreement with Cole was ultimately approved via 4-1 vote. Councilman Steve Friedman was the lone “no.”

Before the vote, Friedman questioned the process by which Cole’s resignation came to be, and whether it was done in private. He voiced issues over the way Village Attorney John Quick had “polled” the council members. He also asked his fellow council members if they initiated the proposal, and if so, why the resignation was pursued. 

Quick responded by adamantly denying polling the council. He also refuted Friedman’s statements. 

Council members denied initiating Cole’s separation and committing any Sunshine Law violations. That was supported in the state attorney’s investigation, which included subpoenas and interviews with Cole and council members. Cell phone logs, emails and call records were also obtained and reviewed. 

Investigation led by investigator Roy Bogue revealed no unlawful coordination was discovered. No evidence of prohibited private meetings or communications among council members were found. 

Records revealed only routine holiday greetings or unrelated matters discussed. And phone and email records matched carrier-subpoenaed data, confirming the integrity and accuracy of the submitted information.

The investigation revealed several council members expressed concerns about Cole’s management performance leading up to the Jan. 7 meeting. Per the state attorney’s office, evidence revealed council members were “planning to issue poor performance evaluations of Cole and intended to vote against renewing his contract in March.” 

“Faced with an upcoming public review and the disclosure of a staff complaint, Cole retained counsel and negotiated the separation agreement in exchange for his resignation. This course of action was determined to be voluntary and lawful,” the state attorney’s office report states.

Friedman also questioned why a thorough investigation wasn’t carried out following a complaint from a staff member on Cole. On Dec. 17, 2024, Quick forwarded a staff complaint to Cole and blind-copied it to the council. He advised that standard legal protocol would involve discussing options individually with each council member. This was confirmed during testimony and supported by documentation. 

Since the separation with Cole, council members have approved new procedures when complaints are lodged against the village manager, as well as the attorney or a council member. 

Village council members unanimously approved Ron Saunders as village manager on April 10.

Jim McCarthy
Jim McCarthy is one of the many who escaped the snow and frigid temperatures in Western New York. A former crime & court reporter and city editor for two Western New York newspapers, Jim has been honing his craft since he graduated from St. Bonaventure University in 2014. In his 5-plus years in the Keys, Jim has enjoyed connecting with the community. Jim is past president of the Key Largo Sunset Rotary Club. When he's not working, he's busy chasing his son, Lucas, around the house and enjoying time with family.