Were email communications between Indian River Shores Town Council members a violation of the Florida’s open government laws?
COMMENTARY
MARK SCHUMANN
Four months ago, InsideVero first reported on email correspondence between Indian River Shores Mayor Brian Barefoot and Town Councilman Richard Haverland. Neither the Scripps Press Journal nor the island weekly, Vero Beach 32963, have bothered to inform their readers that at least two Shores Councilmen seem to believe they are exempt from Florida’s open government laws.
The island weekly and the Scripps daily have also ignored obvious questions any responsible journalist would be asking about the decision making process that unfolded in Tallahassee last week when, at literally the last minute, the County deferred its request from the Florida Public Service Commission for declaratory statements on 19 questions.
If the truth be known, just prior to the PSC meeting, the County, through its outside legal council, was rebuffed by PSC staff in its request to revise and limit its petition. After being told the County would have to request a deferral and then re-submit a revised list of more narrowly focused questions, the County’s outside counsel told PSC staff the County would, in fact, defer its request.
Representing the County in Tallahassee last week were Commissioners Peter O’Bryan and Tim Zorc, County Administrator Joe Baird, and County Attorney Dylan Reingold. Setting aside their obvious inconsideration in not informing Vero Beach Mayor Richard Winger and special counsel Schef Wright of their decision, the larger question is how, outside a County Commission meeting, such a major strategic decision was made. If Commissioners O’Bryan and Zorc conferred with each other in the decision, such communication would raise still further questions about whether local officials are complying with both the letter and the spirit of Florida’s open government laws.
Wanting to better understand what level of email communication may be going on between Shores Town Councilmen, on Nov. 20 InsideVero made a broad public records request of the Shores. The Town’s Clerk has yet to provide any documents. As a result of a separate public records request, InsideVero did obtain copies of an email from Town Councilman Tom Slater to Mayor Brian Barefoot about public business.
Today, I called the State Attorney’s Office and spoke with Assistant State Attorney Chris Tayor. I shared with Taylor copies of email correspondence, which, on the face of it, appears to be in violation of the Sunshine Law. I then wrote Taylor the following email. One can only hope the State Attorney’s Office does not join the Press Journal and the island weekly in ignoring this story.
Dear Mr. Taylor,
I am writing to call your attention to the attached email correspondence between Indian River Shores Town Council members. On the face of it, the correspondence appears to be a violation of the Florida Sunshine Law. I have written Mayor Barefoot and Councilman Slater seeking comment, but neither has replied.
I have previously reported on an email correspondence between Mayor Barefoot and Shores Town Councilman Richard Haverland. Again, on the face of it, that correspondence appears to be a violation of the Florida Sunshine Law. Below is a link to a report published on InsideVero on August 7. The story includes copies of email correspondence between Barefoot and Haverland. The story also reports on an email from Haverland and Town Manager, Rob Stabe, in which Haverland encouraged Stabe to schedule a public meeting for “an extremely inconvenient time,” so that no one would attend. Haverland also advised Stabe to to be “very unspecific as to agenda item.” In that way, Haverland wrote, “I think it would have a good chance to escape notice.”
In a April 24 email to Bill Grealis, Haverland describes what took place in the Town Council meeting that day. “Looks like Weick (Town Councilman Gerry Weick) “wasn’t in the loop.”
Finally, you will notice that in Haverland’s March 6 email to Stabe he indicates that two Shores residents, Bill Grealis and Jim McCord, had “been in regular contact with FPL.” In an April 7 email, Haverland wrote that Grealis and McCord were “driving the process” in vetting possible candidates in search of a law firm to represent the Town in its then contemplated lawsuit against Vero Beach. It would seem that Grealis and McCord were acting as agents of the Town Council, yet the Town has refused to provide copies of their correspondence with each other and with FPL representatives on this matter.
Sincerely,
Mark Schumann, Editor & Publisher
InsideVero
772.696.5233
editor.insidevero@gmail.com
http://www.insidevero.com
Indian River Guardian 
Thank you Mark. I read 32963. Thank you for being on this. I was thinking you were in Santa Fe and your attention has been with Santa Fe. I know now that is not the case Charlie Wilson now has to pay a fine of $100.00. It cost me $56.00 to file his violations. If he doesn’t pay, he will be prosecuted if they can find him. Well worth it. As a citizen, why would I have to pay my own money to expose Charlie Pinnochio. Thank you Vero Beach for not electing that untruthful individual. He will poke his head up again because he doesn’t know when to quit. And as long as I breathe, I will be there to take him down. Yes, I am Charlie Wilson’s demise. I will vow to continue to be there when he attempts his next scam. He has not learned yet that I am a better friend and as a Marine– Once a Marine always a Marine and no one will bother my town as long as I am here. Don’t mess with my Vero Beach and If you do — good luck. Thank you Randy Olds, you could not have picked a better woman than Linda Hillman to serve on the Planning and Zoning Board. Maybe we can stand down now for a little while and maybe Pilar Turner should consider to be brief, be concise, and be seated. Thank you Mark.
Maybe a lawsuit will be able to allow some “sunshine” on this odious situation. No one is above the law.
To quote Jack Nickolson in the movie ” A few good men”:: Charlis has ” : You have messed with the wrong Marine!!”