A case into whether Islamorada village officials violated Sunshine Law regarding a separation agreement with its former village attorney was officially closed by the Monroe County State Attorney’s Office with no further action last week.
For the first time, council members publicly responded to the investigation during the Oct. 7 meeting at Founders Park Community Center. The state attorney’s office opened the investigation following a complaint from Capt. Ed Davidson, vice president of the Islamorada Community Alliance, that took aim at the council’s approval of Roget Bryan’s $185,000 separation agreement on May 12. Identified as “Tab X,” the dais voted 5-0 to provide 20 weeks of severance pay, accrued and unused sick time and vacation leave, as well as insurance and retirement benefits for 20 weeks. The vote was taken at the end of what was a 6-plus hour meeting.
A report by the state attorney’s office acknowledged a lack of voluntary cooperation among four councilmen.
“Obviously, we’re trying to investigate a sunshine violation,” Ward said. “You would hope elected officials would cooperate and be transparent. And they did not.”
The village’s new attorney, however, said the state attorney’s office had another mechanism if they really wanted to speak to village council members.
Discussion over the investigation was sparked during the public comment portion of the meeting as resident John Fernandez took to the microphone to criticize the dais’ lack of cooperation with the state attorney’s office.
“Only one council member agreed to speak to the investigator. The rest said ‘I don’t want to talk about this.’ That’s what the report says. I’m not making this up.”
Following public comments, Councilman Buddy Pinder asked village attorney John Quick to expound upon a report the village received from the state attorney’s office. Quick, who works with the firm Weiss Serota Helfman Cole & Bierman out of Coral Gables, said the case was closed by the state attorney’s office. As to Ward’s claims of a lack of cooperation among four council members, Quick said the state attorney’s office wasn’t restricted to voluntary cooperation.
“They could have subpoenaed any one of you to elicit testimony,” Quick said. “There were avenues for the state attorney, if it elected to do so, to speak with the remainder of you four.
“I do not believe any violation occurred and I want to make sure that’s absolutely clear in the public,” Quick continued.
Ward told the Keys Weekly that his office wasn’t going to subpoena council members.
“When we subpoena during an investigation, you have to give them immunity. I wasn’t about giving immunity to these people,” Ward said. “We were looking at wrongdoing. We were not doing that. And Mr. Quick knows that. He’s very aware of this.”
While he was advised by Quick not to speak, Vice Mayor Henry Rosenthal said he refused the advice and met with the state attorney’s office.
Councilman Mark Gregg said having an informal conversation in an investigation is a different process than answering questions under oath in a legal setting.
“That’s the proper way to do this and that’s why our attorney gave us the advice to do that,” he said. “We’re not hiding anything. We’re right here at 5:30 (p.m.) every third Thursday or whatever our meeting schedule is.”
Pinder showed the council and the gallery an ad by the Islamorada Community Alliance in the Oct. 6 Upper Keys Weekly that attacked the village council’s “lack of transparency” over Bryan’s separation agreement. Pinder said he, too, was advised by the village attorney not to volunteer to speak to the state attorney’s office.
Mayor Pete Bacheler said he worked with Alison Smith, attorney with Weiss Serota Helfman Cole & Bierman, throughout the process. Bacheler said he did not talk to anyone without Smith knowing exactly when and where.
“It was all in the sunshine with an attorney. Simple,” he said.
