COMMENTARY

“Given that Moss and Auwearter have been willing to communicate via email, one has to wonder what telephone conversations may have taken place?”

MARK SCHUMANN

Much like at least two of the Indian River Shores Town Councilmen who appointed Bob Auwaerter to represent the Shores on Vero Beach’s Utilities Commission, Auwaerter seems to believe it is for him to determine what does and does not constitute compliance with Florida’s open government laws. (In April, 2015, Shores Mayor Brian Barefoot and Town Councilman Richard Haverland were fined for Sunshine Law violations. Appearing before Judge David Morgan, Barefoot and Haverland defended themselves on that basis that they are experience and professional, yet were ignorant of the law.)

On August 6, Auwaerter corresponded by email directly with his fellow Commissioners. Two days later, City Clerk Tammy Vock wrote Auwaerter reminding him of the importance of avoiding such communication.

The Shores representative on the Utility Commission justified his action by claiming time was of the essence. In his reply to Vock, Auwaerter wrote, “Given the short period of time to the Utilities Commission meeting, I wanted to send it out directly to the members…Normally, I would have asked you or Sherri to distribute it, but in this case, the members would have had less than 24 hours to analyze it prior to the meeting…”

In May, Utility Commission Chairman Laura Moss also sent an email communication directly to her fellow Commission members. And just this month, Moss took it upon herself to use her title as Utility Commission Chairman in communicating directly with the Chairman of the Florida Public Service Commission. (Moss’ initiative was not authorized by or known to the City Council.) Though Moss’s email to the PSC should have been made a part of the public record, she failed to forward the document with the City Clerk’s Office.

Other communication from Auwearter and Moss also raise questions. April 27, Auwaerter wrote an email to City Clerk Tammy Vock inquiring about information compiled by the City’s special utility counsel, Schef Wright. The following day, Moss wrote Vock, “I haven’t seen any response to Vice Chairman Auwaerter’s inquire. Kindly Advise.”

Clearly Auwaerter copied his fellow Commissioners, or at least Commissioner Moss, on his communication with Vock.

On August 11, City Attorney Wayne Coment wrote the following to all members of the City’s boards and commission.

“As you should already know as an appointed public official, under Florida’s public records law (“Sunshine Law”) back and forth communication s(an initial communication followed by a response from a recipient, regardless of timing) outside of a properly noticed and conducted meeting, whether transmitted written or electronic form and whether intentional or inadvertent, between two or more members of the same board or commission  about a mater that will or may come before they board or commission (including questions or answers about board or commission business or meetings) is equivalent to the communicating member “attending” and improper “meeting” in violation of the Sunshine Law.”

Given that Moss and Auwearter have been willing to communicate via email, one has to wonder what telephone conversations may have taken place? At this point, it may not be unreasonable for the State’s Attorney to subpoena the computer hard drives and the telephone records of each and ever member of the Utilities Commission.