Phil Ammann
A St. Petersburg consumer law attorney is demanding an official investigation into Gov. Rick Scott, the Florida Cabinet and staff for possible violations of the state’s open records laws.
On Tuesday, attorney Matthew Weidner sent a letter of complaint to William Meggs, state attorney for the Second Judicial Circuit in Tallahassee, requesting a formal investigation into the actions surrounding the circumstances surrounding the dismissal of Gerald Bailey.
Scott fired Bailey, the former Florida Department of Law Enforcement commissioner, late last year, although first accounts said he resigned voluntarily. Under Florida law, the governor needs the support of at least one other Cabinet member before firing the FDLE head.
All three Cabinet members had said publicly they understood Bailey was not fired, but voluntarily resigned.
Under pressure from reporters, Scott later confessed Bailey left involuntarily.
“As you are well aware,” Weidner’s letter to Meggs states, “the Government in the Sunshine Law applies to ‘any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision.’”
All governmental entities in Florida are subject to the Sunshine Law, unless specifically exempted, Weidner points out. Both Scott and Cabinet are subject to the Sunshine Law while serving in an official capacity. Therefore, any conversations between the governor and his Cabinet, either “directly or through conduits,” about Bailey’s replacement violated Sunshine Law.
Weidner also cited a report in the Tampa Bay Times saying Meggs refused to “get involved” in an investigation until there is a criminal complaint from Bailey himself.
“But Mr. Bailey is not the real party in interest here,” Weidner writes. “The real parties in interest … are the citizens of the State of Florida, whom you represent as state attorney.
“Under the facts before us,” he concludes. “I respectfully assert you have a duty to initiate an investigation on behalf of the people you took an oath to serve.”
Weidner is the principal partner at Weidner law on Central Ave. in St. Petersburg, which specializes in consumer law such as foreclosure, bankruptcy, VA disability claims and estate planning.
