A complaint alleging a Sunshine violation among Islamorada officials in the resignation of former manager Rob Cole, and the subsequent approval by the council of a severance package, was dismissed in July following an investigation by Monroe County State Attorney Dennis Ward’s office.
No evidence supported questions raised in early January whether council members had improper discussions outside a publicly-noticed meeting over Cole, concluded Ward’s investigation. Cole resigned from his post during a Jan. 7 meeting. An investigation into the complaint began in March as Ward’s office requested communications and records from village officials.
“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,” Ward said. Sunshine laws require that officials conduct business at scheduled meetings and not by consultation out of public view.
With the investigation closed, village officials who expended funds for legal representation will get reimbursed. Per the code, the village council “shall reimburse any official for his/her legal expenses incurred in successfully defending any criminal, civil, ethics and/or administrative legal action brought against the official for any action taken by the official while acting within the scope of his/her duties.”
In September, council members approved reimbursements totaling $20,000 for the five council members and two village attorneys. Councilwoman Deb Gillis spent $5,000 for legal services provided by the law offices of Rayme L. Suarez, while Vice Mayor Don Horton spent $3,750 for legal representation through Robertson & Hunter LLP.
John Quick and Alison Smith, attorneys representing the village, each spent $3,000 for legal services through Gelber, Schacter & Greenberg, P.A. Mayor Sharon Mahoney spent $2,500 for legal services through Hal Schumacher P.A.
And former councilman Buddy Pinder will get reimbursed $3,000 for legal expenses he incurred during the investigation. Pinder, who was on the council when Cole resigned, stepped down from his seat on Jan. 10.
“It’s a shame it came to this,” Horton said before the council approved a resolution via 5-0 vote. “It’s a shame it’s on the taxpayers’ back that they’re going to pay $20,000 for a complaint that was maybe made out of demagoguery, maybe it was made out of innocence … I think it was the first.”
An investigation led by 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.”
