A city contracted legal expert ruled Tuesday that a campaign mailer and video for the re-election efforts of Vice Mayor David Sturges did not violate city regulations or state ethics regarding city employees participating in political campaigns.
Victoria Mendez, a city, county and local government legal expert, hired by the city to issue an opinion said in a letter to the city that:
"The participation, of the Police Officers in a photo placed in a commissioner’s re-election advertisement, is compliant with the COE (Commission On Ethics) opinions with the use of uniforms. They are also compliant with Florida State Statutes and with the policies in the City Manual and FBPD 1-04.
"Moreover, the City Police Chief authorized the participation. The two (2) off duty City Police Officers may participate in a political advertisement for an incumbent Commissioner seeking re-election, wearing their police polos, subject to compliance with the conditions as stated above pursuant to the City policies (being off duty, not being paid, wearing their police polos, not forcing people to vote, not running campaigns, etc.) and are NOT in violation of Florida Statute Section 112.313(6) since they did not engage in any corrupt behavior.
"The Police Officers’ participation in the advertisement is not a violation of the City of
Fernandina Beach Personnel Policy Manual and/or the Police Department General Order FBPD 1-04, subject to the previously stated conditions."
Sturges' use of a photo of two uniformed Fernandina Beach police officers was called into question as possible violations 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 last 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 was 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.
Mendez, a Miami attorney with Shutts & Bowen, said "No City resources or City
equipment (restricted office areas, buildings, cameras, video crews, photographers, police cars, computers, tactical equipment, on-duty employees, etc.) were used in the advertisement video."
The attorney also said the officers did not violate 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.
"They were featured in the picture within the video advertisement wearing their police polos, not their officially issued police departmental uniforms. The Police Officers did not identify themselves verbally as City Police Officers as they were just in a photograph. The badges on their polos and waist band were not recognizable as a City badges."
The opinion is attached below to view:
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