Monroe County State Attorney Dennis Ward’s Office is continuing to look into the events which led to former Islamorada Village Manager Rob Cole’s resignation and the village council’s subsequent approval of a severance package.
Specifically, the state attorney is investigating whether a sunshine law violation occurred over the Cole matter. Subpoenas were issued for phone records and emails among council members and village officials.
Sunshine laws require that officials conduct business at scheduled meetings and not by consultation out of public view.
“I got better things to do than deal with these elected officials,” Ward told Keys Weekly. “You’d figure they’d know better.”
Ward’s office began requesting communications and other records shortly after the Jan. 7 council meeting, when Cole tendered his resignation and council members approved a severance package via 4-1 vote. The matter was originally on the consent agenda, meaning the item wasn’t going to see public discussion or allow for public comment. Councilman Steve Friedman, who elected to pull the Cole matter off the consent agenda, attempted to provide the public some information. Friedman voted no against the separation agreement, stating Cole never wanted to resign from his job in the first place.
Friedman said he was initially called by Village Attorney John Quick on Dec. 18 regarding an employee’s complaint against Cole. He also said Quick was “conducting a poll” of the council to see if they supported a severance package in return for his resignation. Friedman said Quick told him that he was the last council member and that his vote against severing ties with Cole was “in the minority.”
Quick appeared visibly upset as Friedman spoke, to the point where he interrupted Friedman’s remarks by stating that he never polled any council members in relation to the matter.
“Council member Friedman, you specifically asked me to tell you what each of the other council members told me, and I told you I cannot do that because that would violate Sunshine,” Quick said. “There is no polling going on. I do not know what the purpose of this statement is.”
Friedman said he was trying to figure out who on the council came up with the idea for severance “out of the blue.” Other council members said they either didn’t know or didn’t come up with the arrangement.
A section of the separation agreement states the village, its elected officials and agents cannot publish, request or cause another to make or publish any statement, verbal or in writing, that is defamatory or disparaging of Cole. They also can’t interfere with him obtaining new employment. Cole also agreed he would not publish any statement that defames or disparages the village, its employees and council members.
Ward said no charges have been filed against any official as the investigation continues.
“If we’re able to prove it was a public meetings violation or a Sunshine law violation, we’ll see,” he said.
In addition to the investigation in Islamorada, Ward’s office has spent time investigating a matter in Key West. Last August, Ward’s office subpoenaed cell phone and email records for all six Key West city commissioners and the mayor, as well as for city attorney Ron Ramsingh and his brother, Raj Ramsingh, who is the city’s chief building official. The subpoenas came just five days before a special city commission meeting to mull the rehiring of fired city manager Al Childress, who was ousted in late June by four commissioners. Ward’s subpoenas also followed on the heels of a consultant report that questioned some actions of the chief building official in approving certain building permits.
