The Florida Commission on Ethics today found there was "probable cause" that Fernandina Beach Vice Mayor David Sturges violated state statutes by failing to file a conflict disclosure statement after abstaining from a vote.
The commission said it would take no further action against Sturges unless he requests a public hearing on the matter.
Sturges has 14 days to request a hearing. He did not respond to requests to comment on the decision.
The ethics complaint was filed Oct. 6, 2023 by Fernandina Beach resident Kim Wolford.
"I believe my complaint stated the facts and law quite clearly. I respect the Commission on Ethics for supporting the complaint. It is important for officials in Fernandina Beach also respect our local laws as well as the laws of the State of Florida," Wolford said.
In the complaint Wolford wrote: "At a city commission meeting on 4/18/2023, Vice Mayor Sturges and Commissioner Ross both recused themselves from a vote authorizing the city to allow City Attorney Tammi Bach to represent Vice Mayor Sturges relating to an ethics violation filed against him earlier this year. Sturges did not publicly state his reason for recusal, thereby denying the voters the right to know his conflict."
A previous ethics complaint had been filed against Sturges by Faith Ross. The Commission later exonerated Sturges of allegations in that complaint.
Wolford noted that Sturges failed to file Form 8B disclosing the nature of the conflict with the city clerk in a timely manner.
Wolford stated Sturges violated the statute a second time at the commission meeting on May 2, 2023 when he again failed to restate his conflict at the meeting. According to the complaint, Sturges was advised by the city attorney not to disclose the conflict.
"I ask the Florida Commission on Ethics to sanction Vice Mayor Sturges for his flagrant omission to file the required Conflict of Interest Form 8B. It would be unfair that Commissioner Ross filed his (Form 8B) and Vice Mayor Sturges did not."
According to Commission Advocate Melody Hadley's report, Sturges said that there was "some commotion during the (April) meeting and he was not prepared to make a statement (regarding the conflict)."
Sturges went on to say that City Clerk Caroline Best sent the Form 8B in an email on April 19, but that he lost the email. Best sent another email with the form on July 21 asking Sturges to complete the document. He completed the form on July 24, 2023 and wrote "I could have a special private gain or loss based on the ethics complaint filed against myself."
The Ethic Commission noted the Form 8B was due on May 3.
Ethics Commission Investigator Bob Malone noted that Sturges had filed three other Form 8B documents on votes where he abstained during commission meetings last March, June and November.
The commission advocate said "based on the evidence before the Commission, I recommend that the Commission find probable cause to believe the Respondent violated Section 112.3143(3)(a), Florida Statutes but take no further action."
Sturges' attorney Dale Scott, who is being paid by the city to defend Sturges, wrote the Ethics Commission on Jan. 6 and in part stated "Sturges concurs with the Advocate that no further action should be taken as to what, at most, was an unintentional technical violation (of the state statue).
Scott said "of key importance" was that Sturges filed the Form 8B document before Wolford submitted her ethics complaint to the commission.
It pretty much means nothing considering there is no sanction. Try that with the IRS, for instance, by not filing for an extension until 3 months after your tax return was due and see where that gets you. The IRS doesn't buy the 'dog [computer] ate it and I don't have a copy' excuse. But they do collect a fine.