Vice Mayor David Sturges' use of a photo of two uniformed Fernandina Beach police officers was in apparent violation of the City Charter, City Personnel Policy Manual and Police Code of Conduct that prohibits such use for political campaigns.
The Sturges flyer also used a photo of the official city seal that was used without the authorization of the city commission.
Voters this week received a campaign flyer from Sturges, who is running for re-election for Seat 2 on the city commission against Genece Minshew. One photo on the flyer is of Sturges walking downtown flanked by Fernandina police officers Tina Smith and Jason Smith. Both officers are in uniform, with badges, sidearms, radios and accessory equipment.
Use of city equipment for political purposes is prohibited by the City Charter and Personnel Policy
Under Section 802 Political Activity of the Personnel Policy prohibits:
"Participation in any political activity while on duty or use of any City equipment or
facilities for such activity, and unless required as part of the employee’s official City
duties and the law."
Police uniforms, badges, sidearms and radios are considered city property.
The officers' participation in Sturges' campaign flyer also violated Section 6 of the Fernandina Beach Police Code of Conduct that states: No member will take any active part in political management of political campaigns during duty hours or while in uniform.
And Section H which states: No member will give testimonials or permit their names or photographs to be used for advertising while inferring their employment with the FBPD
unless written permission is obtained from the Chief of Police.
Sturges violated Section 10(b) of the City Charter which states: The Mayor and Commissioners deal with administrative service through the respective Charter Officer. The Mayor and Commissioners must not directly interfere with or direct the conduct of any employee in the discharge of prescribed duties. However, with the express permission of the respective Charter Officer, the Mayor and Commissioners may communicate directly with an employee.
That means Sturges is required by the City Charter to first receive approval from the city manager before dealing directly with Fernandina Police Chief Jeffrey Tambasco regarding the officers' possible involvement. That didn't happen.
The Observer contacted Sturges for comment regarding the flyer and related issues. Sturges did not respond.
Interim City Manager Jeremiah Glisson had no knowledge of the flyer and was blindsided at Tuesday's city commission meeting when a resident questioned commissioners on whether campaign election laws were violated in the Sturges flyer.
Glisson told the Observer that the meeting was the first time he had become aware of the issue.
"Normally, city commissioners and the mayor let me know when they are going to talk with a city department head," Glisson said. "That didn't happen in this instance."
According to Glisson, Sturges went to the police department to discuss several matters with Chief Tambasco. During those conversations, Sturges inquired about the availability of police officers to be photographed for his campaign materials.
The use of the official seal of the city is covered in Section 2.1 (b) of the city charter, which states:
It shall be unlawful for any person to manufacture, use, display, or otherwise employ in any manner or for any purpose whatsoever the seal of the City or any facsimile or reproduction thereof, except: (1)The officers and employees of the City in connection with the performance of their official duties; or (2) Such persons or entities that shall have first obtained the written permission of the City commission.
Glisson said violations of the city charter are handled by City Attorney Tammi Bach. Potential violations of the Personnel Policy and Code of Conduct will be handled by the city manager's office, Glisson said.
Chief Tambasco issued a memo regarding the flyer to the city manager's office Thursday. It said:
"While speaking with Vice Mayor Sturges, he mentioned to me that he would like for 'some police officers' to participate in his political advertisement. I advised him that I would approve if; the officers agreed on their own volition, they were off duty, drove their personal vehicle to the location and were not identifying themselves as Police Officers with the City of Fernandina Beach. Vice
"Mayor Sturges mentioned Lieutenant Jason Smith as they have a personal relationship. I replied that I was ok with whomever wished to participate as long as they complied with the above-mentioned restrictions.
"I then met with Lieutenant Jason Smith and Officer Tina Smith. I wanted to make it perfectly clear what our policy (General Order 1-04 Code of Conduct) states and I wanted to reiterate what my expectations were if they chose to participate with Vice Mayor Sturges. During our meeting, I explained that I would approve as long as they were off duty, drove their personal vehicle to the location and were not identifying themselves as Police Officers with the City of Fernandina Beach.
"I held this meeting to ensure that there was no miscommunication on what our policy states and what I expected. Both Lieutenant Jason Smith and Officer Tina
Smith acknowledged that that they understood our policy and what my expectations were.
Once the advertisement was disseminated, I reviewed it and was comfortable with the fact that Lieutenant Jason Smith and Officer Tina Smith were not wearing anything that identified them as Police Officers with the City of Fernandina Beach. I verified that they were both off duty and based on our previous conversation prior to, they understood and did drive a personal vehicle to the location."
But the photograph of the officers and Sturges clearly shows them on Centre Street and says to voters they are local police officers.
The flyer has also drawn the ire of some members of the Fernandina Police Union, Coastal Florida Police Benevolent Association.
"We were surprised to see the (Sturges) flyer, just like everybody else," said Lt. Matthew Bowen, union representative for Fernandina Police. "Some members are upset."
Bowen said that Sturges had approached him several months ago seeking the endorsement of the police union.
"I told Sturges I would do the fair thing and poll our members on a possible endorsement and get back to him. We conducted the poll, and it was overwhelming to stay out of it and not to endorse any city commission candidates," Bowen said.
Glisson said he had talked with Sturges about the flyer Thursday morning.
"He relayed to me that he had checked the boxes, and everything was being done appropriately and there were no issues here," Glisson said. "It's (the flyer issue) is still very new and I'm still digging into it."
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