INDIAN RIVER SHORES — Councilman Dick Haverland and Mayor Brian Barefoot have been served with summons notifying them that they’re facing charges of violating Florida’s Sunshine Law and a potential $500 fine.
Town Manager Robbie Stabe characterized the civil charges against Barefoot and Haverland as “a technical, unintentional violation.”
A complaint was filed with State Attorney Bruce Colton’s office by a resident of Santa Fe, N.M. prompting the investigation into seven alleged violations of Florida’s law prohibiting two or more elected officials serving on the same board from discussing or corresponding about any issue that could forseeably come before the Board for consideration.
Six of the accusations were investigated but dismissed by the State Attorney’s Office. One instance, however, was found to have crossed the line.
An email exchange between Haverland and Barefoot between July 19 and July 21, 2014 about the rate disparity paid by Shores residents was deemed to amount to an unintentional, non-criminal violation.
Stabe said when the matter came to the Town’s attention back in August, they conducted a “cure” proceeding in which Barefoot disclosed the subject matter of the email exchange in public.
“The State Attorney’s Office noted that our Council had already brought that exchange to public attention at our August 29, 2014 Council meeting,” Stabe said Wednesday.
“The elected representatives for our Town, as well as all of the Town employees, take adherence to Florida’s Government in the Sunshine laws very seriously, and are glad to see that the State Attorney’s Office recognizes our commitment to transparency,” Stabe said.
Going forward, Stabe said, “We thank the State Attorney’s Office for its thorough review, and will move quickly to address the best practices they have recommended.”
Barefoot and Haverland are set to address the charges in county court before Judge David Morgan on April 21.
