RJ Larizza Could learn from example set by Orange-Osceola prosecutor Jeff Ashton in holding Expressway official accountable to public
DAYTONA BEACH -- As the chief law enforcer in Volusia County, I had faith State Attorney R.J. Larizza would get the job done in holding corrupt Volusia County officials accountable for alleged unlawful behavior, but I was wrong.
Larizza's either unwilling or incapable. Maybe both.
Either way, it doesn't matter, because his weak action against three members of the Southeast Volusia Advertising Authority and their director, complicit in violating Florida's Government in the Sunshine, renders the statute meaningless.
Instead of holding them accountable through misdemeanor prosecution, which if convicted, would have meant their removal from office, he instead made arrangements with the office of Volusia County Attorney Daniel Eckert to have the SVAA board go through a seminar on government in the sunshine at the end of their May 20 meeting.
At the end of the day, Larizza, midway through his second four-year term has shown himself to be nothing more than just another grandstanding politician with empty slogans and a lot of hot air.
By comparison, first-term Orange-Osceola State Attorney Jeff Ashton, the former Casey Anthony trial prosecutor, has shown through his vigorous enforcement of Government in the Sunshine that upholding the Sunshine law can lead to bigger and better things as in the recent indictment of an Expressway Authority official on bribery charges (see links below).
By comparison, first-term Orange-Osceola State Attorney Jeff Ashton, the former Casey Anthony trial prosecutor, has shown through his vigorous enforcement of Government in the Sunshine that upholding the Sunshine law can lead to bigger and better things as in the recent indictment of an Expressway Authority official on bribery charges (see links below).
Larizza is going to have to start showing that he's not afraid to vigorously enforce the law when it comes to how elected or appointed official conduct themselves when it comes to dealing with the public's business.
Not the first time Larizza has given a free pass to Sunshine violators:
This is not the first time, Larizza's given a free pass to alleged Sunshine violators
Back in 2011, Larizza was taken to task by the Daytona Beach News-Journal for not prosecuting the Southeast Volusia Hospital Authority for violating Government in the Sunshine when it met secretly to and discussed how Bert Fish Medical Center would go about a merger, including a rehearsal on the vote, prior to meeting in public and carrying out the vote that led to the merger merger of Bert Fish Hospital with the larger Adventist Health System.
The judge invalidated the merger, agreeing with the hospital foundation's attorneys who brought the suit -- former News-Journal general counsel Jonathan Kaney, Jr. and Noah McKinnon -- that the merger was illegal based on violation of Government in the Sunshine.
And while the judge's ruling and suit dealt with the consequences of the hospital board violating the Sunshine Law, it was Larizza's responsibility as to enforcement of thew law itself. However,
Larizza determined the violations were unintentional and therefore did not warrant any criminal charges. Larizza's office asked the Bert Fish board to make a donation to an organization that supports open government and take a course through the Florida Institute of Government at Florida State University.
And as a result, Larizza was harshly criticized by the editorial board of the Daytona Beach News-Journal for taking the easy way out. The judge later ruled the hospital board, in fact, violated government in the Sunshine and he subsequently invalidated the merger, even after an attempted do-over merger by both sides. But by then, Larizza had already let Southeast Volusia Hospital board and Bert Fish officials off easy, forgoing prosecution when the evidence was strong and a conviction likely.
Ultimately, it was the taxpayers of the Southeast Volusia Hospital District who lost out. Then-Bert Fish President Bob Williams subsequently walked away with a $1 million golden parachute, even though he was one of the architects of the meetings in secrecy, along with the then-hospital attorney.
At the time, Headline Surfer® didn't take a position with Larizza's decision because it was still early in his first term. But now a second clear and flagrant abuse of Government in the Sunshine has occurred, this time with members of the Southeast Volusia advertising Authority, and the blame falls squarely on Larizza's more experienced shoulders.
It is clear as day that SVAA board Chairman Tom Clapsaddle, Vice Chairman Tony Stagni and fellow board member Gene Sheldon, along with SVAA Executive Director Carl Watson, violated provisions of Florida's Government in the Sunshine when they engaged in a string of emails outside of a public meeting before the end of last year after their director was exposed for using an agency credit card to stuff his face with lunches as well as that of his office manager and Clapsaddle.
The reason for their secret dialogue? To ferret out who leaked to Headline Surfer® information that their executive director, Watson, had used an agency credit card to treat himself, office manager and Clapsaddle to meals on the taxpayer dime, which is a prohibited use.
Funds for the SVAA credit cards come from bed tax monies that are intended to promote tourism leading to overnight hotel and private rental accommodations.
Headline Surfer® got a tip from a source that SVAA Executive Director Carl Watson had repeatedly used his tourism authority credit card to treat himself, office manager Sherry Hendershot and Clapsaddle to $162.10 worth of lunches, even though such personal use is strictly prohibited, per the agency's own written standards and procedures.
Watson also saw to it that an additional $673.87 also was spent for meals for a bicycle tour group with the tab put on an SVAA credit card without any current project or briefing to the board.
Watson and Hendershot reimbursed the SVAA for the meals eaten by themselves as well as for Clapsaddle, but Clapsaddle himself never reimbursed the other two, feeling he didn't have to since they already paid back his share.
Watson didn't reimburse the SVAA out of the goodness of his heart upon any reflection for eating on the taxpayers' dime. He got caught!
An audit report revealed the credit card abuse and even when called upon by the auditors Watson resisted until he called the county attorney's office and was advised the personal meal purchases for himself, Hendershot and Clapsaddle were improper use of the card card and reimbursement was his only recourse to prevent legal entanglements.
Headline Surfer® tried to get an explanation from Watson for three consecutive days leading up to the 24/7 internet newspaper's Dec. 16 published story "SEV ad authority's $70,000 exec. director, operations manager & board chair chow down on public dime."
Breaking the law in email string asking, Who's the rat?
While Watson ignored Headline Surfer®, he resurfaced later in the day in a story published online by the Daytona Beach News-Journal in which he made the excuse that he didn't know any better since he came from the private sector where he claimed the rules are less stringent, which County Councilwoman Deb Denys reinforced in her comments to the print newspaper, sticking up for him.
It wasn't until Dec. 18, two days later, that Watson finally acknowledged the internet newspaper's requests for comment, in which he stated in part: "In answer to your questions below let me say that I am not going to comment any further on the lunch issue. That has been explained, in writing."
Here is relevant dialogue from the email that Watson initially sent to Denys:
Editor's Note: More will be added shortly.
Related stories on prosecutor Jeff Ashton and Florida's Government in the Sunshine from other Central Florida media outlets:
Expressway board member indicted for bribery