Okaloosa County BOCC — April 27, 2013 — reading text

benefit in hindsight and although he urged for no rash decision to be made, Mr. Boyles stated the Board February 5, 2013 -2- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 262  7.16.b must make some firm decisions. He said a plan should be developed so the public knows the Board is going to move forward. Mr. Boyles pointed out the changes instituted last May in policies and procedures. He also noted that the Board has been constrained from taking actions because it was awaiting the Auditor General’s report and because the Sheriff’s Office and other investigative agencies requested the county “stand down” Attachment: MinutesFebruary52013 (1474 : Minutes - January 22 & February 5 2013 BCC Meetings) until they had completed their investigations. On Friday, February 1, 2013, Sheriff Ashley gave written authorization for the county to begin its own investigation. Mr. Boyles advised that he has a proposal consisting of multiple components. Mr. Amunds responded that Mr. Boyles may layout his plan but said the commissioners may want time to study it, adding the Board may not make a decision today. Mr. Boyles asked the commissioners to keep in mind they will be in Tallahassee next week to discuss this issue. He said the tone he received is the committee will be looking to see what, if any, action was taken by the Board of County Commissioners today. Mr. Boyles outlined his proposal. He said the first step is to engage the County Attorney and Special Counsel to lay out litigation strategy for individuals who received funds they should not have and bring that strategy back to the Board. Then, the Board will decide what action is necessary and appropriate. Secondly, the Board must continue to implement the response to the Auditor General. Staff and legal counsel should continue to review the policies and procedures and make additional changes as necessary. Mr. Boyles said the third and fourth points are the most difficult but he feels they are necessary for the public to know the Board is moving forward. He said the Tourist Development Council (TDC) has seven members, four of which are at-large positions appointed by the Board of County Commissioners. Mr. Boyles stated he believes those individuals on the TDC were misled and lied to by the former Tourist Development Director. The other three members consists of two appointees by cities and the Board’s liaison commissioner which is now Kelly Windes. He advised the Board’s appointees were serving prior to January 2012. February 5, 2013 -3- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 263  7.16.b Mr. Curry interjected that at the meeting before the Joint Legislative Auditing Committee yesterday he said there were 7 members on the TDC Board. He advised that is incorrect, there are actually 9. Two are appointed by the cities and there is a liaison commissioner. Mr. Curry said as of today, there are two vacancies on the TDC. Attachment: MinutesFebruary52013 (1474 : Minutes - January 22 & February 5 2013 BCC Meetings) Mr. Boyles thanked Mr. Curry for that correction. He recommended the four remaining Board appointees to the TDC be asked to resign. Mr. Boyles thanked them for their service but feels this is necessary as a commitment for a fresh start. He said, perhaps, at some time in the future those four individuals may want to again serve. Mr. Boyles stated he believes this is the correct action to take and if the resignations are not received by the next meeting, those individuals will be removed. Mr. Parisot stated that he sat on the TDC at that time and no thefts were presented to the TDC. He said those expenditures were put through to the Clerk’s Office as marketing programs. Mr. Parisot stressed the expenditure of $750,000 for the house was not brought to the TDC. It was part of the Boast the Coast Program. Continuing, he stated the TDC did not vote to purchase the Subaru, the Porsche, or the boat (yacht). Mr. Parisot said the TDC was kept in the dark and he (Mark Bellinger) was very crafty and that is how embezzlers work. He thanked those who volunteered their time to sit on the Tourist Development Council. Mr. Parisot referred to a particular slide used in the Auditor General’s presentation at the Local Legislative meeting last Wednesday. That slide identified Tim Edwards (TDC member) as voting on an issue which was a conflict of interest because his business sold event t-shirts. Mr. Parisot stated Mr. Edwards abstained from voting but it was not reflected in the TDC meeting minutes and Mr. Edwards did not file a Memorandum of Voting Conflict form. Mr. Boyles resumed the explanation of his multi-step proposal. He said this is not an easy thing to do. He stated the fourth step is to ask for the resignation of the TDC Attorney. Mr. Boyles commented that as an attorney he understands that it is sometimes a thankless job and there have been clients which lied to him. He emphasized that we should not look badly at counsel but said his resignation does go with Step #3 to ensure a fresh start. Mr. Boyles said if that resignation is tendered, we February 5, 2013 -4- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 264  7.16.b should coordinate with outside counsel to fill the void which has been created until the position is filled. Mr. Boyles stated these are the four items he recommends as a road map for the Board and the community and to demonstrate to the committee next week in Tallahassee that the Board of County Commissioners is taking concrete action. He reiterated his Attachment: MinutesFebruary52013 (1474 : Minutes - January 22 & February 5 2013 BCC Meetings) desire for the county to move forward and believes these steps will provide adequate action on weaknesses. Mr. Amunds responded that he understands not knowing is not an excuse. He added that he believes policies and procedures, like those implemented for Tourist Development, should be extended to all appointed boards and committees. Mr. Amunds said the Board does a good job of appointing individuals to serve but doesn’t do a good enough job in educating them on issues like abstaining and Sunshine Law requirements. Mr. Harris thanked Mr. Boyles for representing the Board in both venues, saying he did a stellar job. He said he was one of the two commissioners who voted to fire Mark Bellinger, adding the man was a crook and crooks do things behind closed doors. Mr. Harris accepted responsibility for that oversight. He felt the first step was amending the policies and procedures for Tourist Development but there are many issues yet to be resolved. Mr. Harris agreed this is a tough decision but he does not feel the Board has an alternative. He concurred with Mr. Boyles’ recommendation, seeing them as viable and prudent, and made motion to approve the steps as outlined by Commissioner Boyles. Mr. Windes requested any motions be held until everyone has spoken. Mr. Harris remarked that his motion stands. Mr. Windes commented this is a serious issue and if you ask all five commissioners how to fix it you would probably get some ideas which parallel each other. He advised that he has his own plan. Mr. Windes stated the Board was asked to stand down during the investigations. Those investigations have subsequently been completed and now after nine months, he does not believe the Board can be accused of acting in haste. He noted the TDC is a South County operation in District V and felt it to be in the best interest to schedule discussion and action at the February 19 meeting in Fort Walton Beach. Mr. Windes said he would like to introduce his “TDC Reset Plan,” a multi- step plan which focuses on accountability. February 5, 2013 -5- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 265  7.16.b Mr. Windes stated as commissioners each has taken an oath to uphold the Constitution of the State of Florida and each recognizes they have fiduciary responsibilities. He said it is in the county’s best interest to “turn the page” on this chapter of the TDC and there are tough decisions to be made. These decisions/responsibilities must take precedence over friendships, long-standing relationships, and what you would Attachment: MinutesFebruary52013 (1474 : Minutes - January 22 & February 5 2013 BCC Meetings) rather do. Mr. Windes listed his 5-step plan: 1. Recommended the hiring of a Compliance Officer to oversee the operations, policy/procedures, and providing assistance with financial matters be expedited 2. Recommended Mr. Boyles assist Special Counsel Greg Stewart in the review and simplification of the Operations and Policy Manual for Tourist Development 3. He said the Board appreciates the efforts and service of the TDC members who have served during the time period of May 2010 through May 2012 and recognizes them as “victims of circumstances.” However, in an effort to turn the page, the Board for one week will accept the voluntary resignation from the TDC members who served during this time period. He said after this grace period, the resignation will be requested. 4. Called for the resignation of TDC Attorney Steve Hall 5. Recommended a 60-day moratorium on expenditures, except for contractual obligations, while the TDC “resets” it council members and secures new legal counsel Mr. Parisot said he agrees with comments made earlier. For public information he stated he would like to read a letter dated May 9, 2012, co-signed by Sheriff Larry Ashley and State Attorney Bill Eddins, regarding the ongoing investigation of Mark Bellinger. (A copy of this letter was not provided for the record.) The Board of County Commissioners was asked not to conduct an independent audit or examination of witnesses during their investigation. He stated the Board complied with their request. Mr. Parisot pointed out the Board has now been released to begin its own investigation. Mr. Parisot pointed out the measures taken by the Board within two weeks of this issue coming to light. He noted the Sheriff’s investigation, as well as that of other law enforcement agencies, has taken eight months. Mr. Parisot requested any information those agencies can release without compromising their work be provided to the county to assist in its probe. February 5, 2013 -6- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 266  7.16.b With regard to other advisory boards and committees, Mr. Parisot recommended policies and procedures be memorialized for them rather than depending on advice from an adjunct attorney. Mr. Dowd responded