Sun Sentinel Palm Beach Edition

Scott leaves indicted leaders in office

- Editorials are the opinion of the Sun Sentinel Editorial Board and written by one of its members or a designee. The Editorial Board consists of Editorial Page Editor Rosemary O’Hara, Elana Simms, Andy Reid and Editor-in-Chief Howard Saltz.

If everything was on the up and up, as their lawyers insist, why did board members at Broward Health secretly meet at a hotel, a restaurant and over the phone with attorneys dishing dirt on their interim CEO?

And why, if everything was above snuff, did they act as though they’d never met the Alabama lawyer whose report at an impromptu board meeting led them to suddenly fire CEO Pauline Grant?

And why, with a Broward County grand jury having indicted two sitting board members (and others) for breaking the Sunshine Law on public meetings, are they still in office?

Florida governors typically suspend public officials who face criminal charges related to their public duties, until they’ve had their day in court. But not Gov. Rick Scott. In fact, Gov. Scott refuses to address the indictment­s handed down Tuesday by 12 Broward citizens, serving as grand jurors, who found probable cause to believe that five Broward Health officials violated the Sunshine Law in the walk-up to Grant’s dismissal last December.

“We’re reviewing it,” a governor’s spokeswoma­n said of the indictment that accuses board chairman Rocky Rodriguez, interim CEO Beverly Capasso, general counsel Lynn Barrett, board member Christophe­r Ure and former board member Linda Robison of conspiring to violate the state’s open-meetings law.

Up the road in Martin County, the governor is doing the same thing.

About three weeks ago, two Martin County commission­ers were charged with breaking the public records law by failing to disclose emails about public business. Earlier this year, the commission paid $500,000 — in taxpayer funds — to settle a lawsuit that alleged the county destroyed, altered and delayed producing public records about a rock mine, reports Treasure Coast Newspapers.

“Our office will review it,” the governor’s spokeswoma­n told their reporter. What’s the hold up? You’d think Gov. Scott would have learned lessons from his run-ins with the laws on public records and open meetings.

Two years ago, Gov. Scott spent $700,000 in taxpayer money to settle lawsuits alleging he and several staff members created personal email accounts to hide their communicat­ions, in violation of state public records laws.

That same year, Gov. Scott and the Cabinet spent $55,000 in taxpayer money to settle a lawsuit accusing them of violating the open meetings law. In that case, Scott’s general counsel visited Gerald Bailey, the head of the Florida Department of Law Enforcemen­t, and suggested that the governor and Cabinet wanted him gone. Problem was, no such thing had been discussed — let alone voted upon — at a public meeting.

Though Florida prides itself on its government-in-the-sunshine laws, the consequenc­es for violating them are peanuts. The charges are misdemeano­rs. The fine is only $500. Other than ego or pride, violators have little to lose — aside from being suspended or removed from office.

Also, state attorneys are reluctant to pursue Sunshine Law violations, given their low-level status and the difficulty in proving them beyond a reasonable doubt. Last year, a group of University of Florida students surveyed every state attorney’s office in Florida and found virtually none pursuing such cases.

So kudos to Broward State Attorney Mike Satz for asking his public corruption unit to investigat­e the events of Dec. 3, 2016, when Broward Health’s board convened a spur-of-the-moment meeting to fire the interim CEO.

Those of us in the audience that day sat in shock. We wanted to hear what Grant had allegedly done wrong, but no one ever said. Not a single specific was offered. And not a single commission­er asked.

It was like they already knew.

Then, without any discussion, board members voted to hire a management company — despite being down to three finalists in their search for a permanent CEO. Florida’s Sunshine Law prohibits board members from talking to one another outside of public meetings. It also prohibits someone from serving as a back-channel conduit to help them avoid public discussion of matters in the public interest, matters on which they will vote.

Yet as we said at the time, there was former Commission­er Beverly Capasso saying: “We all know what the right thing is to do.” Really? What all did they know?

And former Commission­er Linda Robison saying Broward Health could not have its interim CEO “be under criminal investigat­ion and still be in charge of the facilities.” Under criminal investigat­ion? By whom?

In truth, this incident was one of several we’ve witnessed at Broward Health that led us to call for Satz to investigat­e.

For doing so, Satz was slammed by the district’s legal team, including former Attorney General Bob Butterwort­h, who’s been a champion of open government.

A statement — listing Butterwort­h’s name first — called the indictment­s “the most misguided prosecutio­n we have ever seen.” It said Satz’s office was manipulate­d by people who left Broward Health “because of their mismanagem­ent and corruption.” And it said the investigat­ion “was predetermi­ned, biased and manipulate­d from the start.”

Satz said he could not discuss the case or what happened in the grand jury room.

In an interview, Butterwort­h says he’s convinced no two board members met together at the Westin Hotel, or Mario’s Catalina Restaurant, or spoke together on the phone. “This is crazy. They were never, ever together in the same room with people who had informatio­n they had to look at.”

“I believe it’s appropriat­e for the general counsel to — or other people with the general counsel to — individual­ly talk to the commission­ers about what’s going on in the district. Not to tell them, ‘OK, I’ve already spoken to two or three board members and this is what they’re going to do,’ ” he said.

“It appears everything they did was in accordance with the law and that, as one lawyer has stated in the review, they they were operating on the advice of lawyers,” Butterwort­h said.

Speaking of lawyers, someone should audit how many millions of dollars Broward Health is spending on legal fees. From what we see, you’d think the public trough had a bottomless pit.

Broward Health leaders deserve their day in court, no question.

But leaving them in place until then creates too much uncertaint­y and disruption.

And it’s unfair to ask taxpayers to trust an organizati­on led by people under criminal indictment.

Last year, Gov. Scott suspended two Broward Health board members based on a letter from his inspector general, who feared they might interfere in an investigat­ion.

That citizens on a grand jury found probable cause to believe two board members broke the law is sufficient cause for suspension, too.

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Ure
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Rodriguez
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Capasso
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Barrett
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Robison

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