DECEMBER 2004: After losing his appeal of a Sunshine Law violation, Escambia County Commissioner W.D. Childers returned to jail to serve the remaining 22 days of his 60-day jail sentence for discussing public business in secret with a fellow commissioner. Childers was released early for good behavior and ended up serving 49 days in jail for the Open Meetings Law offense. He was set free on bond while appealing his 3 ½-year sentence on bribery charges. Childers was the first public official to serve jail time for violating the Sunshine Law. Also this month, Escambia commissioner Willie Junior, a key witness against Childers, was found dead, an apparent suicide. The Dec. 9 discovery came a month after Junior disappeared the day before he was scheduled to be sentenced on charges of bribery, theft and a Sunshine Law violation. In exchange for his testimony against Childers, Junior was to spend no more than 18 months in prison. Junior could have faced 125 years in prison if convicted on all 11 criminal charges he faced. (See also June 2002, August 2002, September 2002, June 2003, October 2004)

OCTOBER 2004: Former Florida Senate President W.D. Childers lost an appeal Oct. 7 of convictions for violating the state’s Sunshine Law by speaking privately about government business with fellow Escambia County Commissioner Terry Smith. A three-judge panel of the 1st District Court of Appeal affirmed his guilt on two counts without writing an opinion. A jury in 2002 convicted Childers, 70, of violating the law. Jurors acquitted Childers of two similar Sunshine charges also involving discussions with other commissioners, but deadlocked on a fourth. Childers later pleaded no contest to the last count while reserving the right to appeal it along with the jury conviction. Childers could ask for a rehearing or take his case to the Florida Supreme Court. Either option would be difficult because the appellate judges choose not to write an opinion, Assistant State Attorney Bobby Elmore said. Elmore, who prosecuted the charges, said Childers served 38 days of a 60-day jail sentence and once appeals are exhausted, a judge likely will be asked if he should complete the sentence. The Pensacola politician is the first public official to serve jail time for violating the open meetings section of the Sunshine Law. (See also June 2002, August 2002, September 2002, June 2003, December 2004)

AUGUST 2004: Sugarmill Woods residents Teddi Bierly and Robert Roscow won a lawsuit accusing the state of holding secret meetings about Suncoast Parkway 2. The lawsuit charged the Florida Turnpike Enterprise with violating the Sunshine Law by allowing an advisory committee to meet behind closed doors. Opponents of the parkway said the Environmental and Resource Agency Group had influence over the proposed route of the toll roads, which should make the meetings public, Bierly said. Circuit Court Judge Janet Ferris made it clear that the ERAG arm of Turnpike Enterprise is covered under the Sunshine Law, Bierly said. The state was ordered to pay the legal expenses of Bierly and Roscow. "It goes to show little people can go up against somebody big and make a difference," Bierly said. "You just have to be persistent and know in your heart it's right."

JULY 2004: Prosecutors dropped charges of falsifying public records and obstructing inspection of a public record against former Orlando-Orange County Expressway Authority Executive Director Harold W. "Hal" Worrall. In exchange, Worrall pleaded no contest to a noncriminal infraction of obstructing inspection of a public record and was fined $500. Worrall was investigated after reports surfaced that he ordered his executive assistant to erase part of an audio recording of a January 2004 Expressway Authority staff meeting. Worrall reportedly complained about other county officials on the tape. The resulting scandal led to Worrall's resignation. "We thought that a civil infraction was a just resolution," Chief Assistant State Attorney Bill Vose said. "He made a mistake in the heat of the moment."

JUNE 2004: The State Attorney’s Office cleared Lee County School Board members on June 25 of any Sunshine Law violations. Board members were accused of conspiring to oust former Superintendent John Sanders and replace him with current Superintendent James Browder. The allegations were made by a former board employee, but the State Attorney’s Office review found only “uncorroborated and contradicted hearsay” in witness depositions, said Dean R. Plattner, Assistant State Attorney for special prosecutions. Plattner said there was no evidence “to support either a more formal investigation or any other action.” Board members said they were pleased with the decision.

APRIL 2004: The 4th District Court of Appeal ruled that a Palm Beach County panel violated the Florida Sunshine Law when it decided behind closed doors to fire a senior secretary. The appellate decision stemmed from the release of Lee Ellen Dascott, a former secretary in the county community services department. In 2002, Dascott was given notice that the county was going to fire her for insubordination and for tape recording a meeting with her supervisor. After being questioned, she was asked to leave while the grievance panel deliberated, and ultimately, her department head fired her. Dascott asked the circuit judge to reinstate her, but the court agreed with the county’s argument that the panel was not a committee as defined by the Sunshine Law. The appellate court, however, decided the group “exercised decision making authority,” which qualifies as subject to the law. As a result of the appellate decision, Dascott will get her job back and receive back pay.

APRIL 2004: North Bay Village Mayor Alan Dorne and City Commissioner Armand Abecassis resigned after being arrested on second-degree misdemeanor charges of violating the Open Meetings Law. Dorne and Abecassis were accused of meeting privately to discuss firing City Manager James Vardalis because of his cooperation with an investigation of former police chief Irving Heller, a longtime friend of Dorne’s. Both wrote one-line letters to Gov. Jeb Bush announcing their departures and city commissioners appointed replacements for both Abecassis and Dorne in late April.

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