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FDLE finds no evidence that Manatee County commissioners broke Florida Sunshine law

A preliminary investigation into whether four Manatee County commissioners worked outside of Florida’s Sunshine Law before moving to fire former county administrator Cheri Coryea uncovered no evidence of a crime, according to the Florida Department of Law Enforcement.

The FDLE concluded its fact-finding and will not move forward with a full investigation, after concluding that “there was no information obtained to substantiate that a criminal violation occurred,” according to a case summary released by the agency.

The preliminary investigation was prompted by a complaint Sarasota-based paralegal Michael Barfield filed with State Attorney Ed Brodsky in December. His complaint followed the board’s initial move, in a 4-3 vote on Nov. 19, to notify Coryea of their intent to fire her just two days after the four commissioners, including three newcomers, were sworn in to serve new terms.

Commissioners James Satcher, Kevin Van Ostenbridge, Vanessa Baugh and George Kruse voted in the favor of the motion, while commissioners Reggie Bellamy, Misty Servia and Carol Whitmore cast dissenting votes. At the time, the commissioners who voted against the motion suspected that the move had been “premeditated” and influenced by powerful players in the community.

Surprised by a major move so early in their tenure, Barfield filed an open records request for any communication among commissioners. That request revealed text messages and phone calls among those who had voted in favor of firing Coryea.

Barfield told the Bradenton Herald he was disappointed with FDLE’s conclusion.

02/18/21--Bryan Kitchner, a special agent with the FDLE served subpoenas to four commissioners ahead of a public workshop meeting on Feb. 18. In this Bradenton Herald file photo, Commissioner James Satcher is served with the subpoena. On Friday, the FDLE confirmed that their investigation found no evidence of wrongdoing or Sunshine violations.
02/18/21--Bryan Kitchner, a special agent with the FDLE served subpoenas to four commissioners ahead of a public workshop meeting on Feb. 18. In this Bradenton Herald file photo, Commissioner James Satcher is served with the subpoena. On Friday, the FDLE confirmed that their investigation found no evidence of wrongdoing or Sunshine violations. Tiffany Tompkins ttompkins@bradenton.com

“Nothing about FDLE’s decision changes my opinion. It’s rare when law enforcement can find direct evidence of criminal intent to violate the Sunshine law and the finding here doesn’t alter my continuing investigation — it certainly doesn’t justify the conduct of the four commissioners who clearly orchestrated the firing of the county administrator, as evidence by the calls, texts and emails.”

Commissioners downplayed the investigation, arguing they never had anything to worry about.

“There was nothing there in the first place. The FDLE and Michael Barfield did their due diligence. We had public records requests and interviews with FDLE,” Kruse said. “We went through the course, but they determined, rightfully so, that there was nothing there.”

Baugh did not respond to requests for comment but her attorney George Levesque said, “The FDLE’s investigation concluded what we have always represented: Commissioner Baugh has done nothing wrong.”

Her attorney’s comment echoed what Baugh had said at a recent county commission meeting. Satcher’s attorney made a similar statement.

“Commissioner Satcher is very pleased. That was our position all along: that he had done nothing inappropriate in regard to the Sunshine law,” said Rob Robinson. “We’re very pleased with the result.”

“I’m not surprised. I’m looking forward to getting back to the people’s business and helping this county prosper and do well,” Satcher added. “Law enforcement did a thorough job. What I am a little concerned about is how these accusations were baseless from the beginning.”

02/18/21--Bryan Kitchner, a special agent with the FDLE served subpoenas to four commissioners ahead of a public work session meeting on Feb. 18. Commissioner, Kevin Van Ostenbridge, left, talks with the agent while receiving the subpoena. On Friday, the FDLE confirmed that their preliminary investigation concluded without finding criminal evidence or a violation of Florida’s Sunshine law.
02/18/21--Bryan Kitchner, a special agent with the FDLE served subpoenas to four commissioners ahead of a public work session meeting on Feb. 18. Commissioner, Kevin Van Ostenbridge, left, talks with the agent while receiving the subpoena. On Friday, the FDLE confirmed that their preliminary investigation concluded without finding criminal evidence or a violation of Florida’s Sunshine law. Tiffany Tompkins ttompkins@bradenton.com

Van Ostenbridge labeled the complaint and the FDLE’s investigation “a political witch hunt.”

“I am glad my name has been cleared and this is behind me,” Van Ostenbridge told the Bradenton Herald. “Finally, it is time to focus on the conservative agenda I promised Manatee County voters.”

FDLE’s investigation picked up steam in January when investigators began interviewing those involved in the case. In February, a special agent served subpoenas to Baugh, Kruse, Satcher and Van Ostenbridge before quickly retracting them the next day.

According to sources who spoke with FDLE agents, their questioning centered around conversations that took place between Election Day on Nov. 3 and Nov. 19, the day the board first voted to move forward with firing Coryea.

Despite FDLE’s conclusion, Barfield says he remains suspicious of the evidence he says he found in public records. The most telling piece of information, he said, is an email Baugh sent on Oct. 28, before Satcher, Van Ostenbridge and Kruse were elected.

Baugh sent that email the day after the Manatee County Commission heard an appeal from several residents demanding that they reverse their decision to spend $32 million to buy land along Lena Road. Among the residents were Satcher, Van Ostenbridge and Kruse.

The email, which was shared with Satcher, Van Ostenbridge and Kruse, contained only a copy of Coryea’s contract.

“If that’s not evidence of a conspiracy, considering everything we know about what went down, I don’t know what is,” Barfield said.

Barfield still plans to pursue a separate lawsuit he filed against the commissioners in December. He has contested that there are still public records that officials have not turned over.

The Manatee County Sheriff’s Office is also in the middle of an investigation regarding a criminal complaint that Barfield filed alleging that Baugh misused her position to gain access to COVID-19 vaccine appointments for herself and close friends.

“I am hopeful that that one will yield some truth,” Barfield said. “From what I can tell, they are conducting a good-faith investigation. We’ll see what they come up with.”

This story was originally published March 19, 2021 at 1:05 PM.

Ryan Callihan
Bradenton Herald
Ryan Callihan is the Bradenton Herald’s Senior Editor. As a reporter in Manatee County, he won awards for his local government and environmental coverage. Ryan is a graduate of USF St. Petersburg. Support my work with a digital subscription
Jessica De Leon
Bradenton Herald
Jessica De Leon has been covering crime, courts and law enforcement for the Bradenton Herald since 2013. She has won numerous awards for her coverage including the Florida Press Club’s Lucy Morgan Award for In-Depth Reporting in 2016 for her coverage into the death of 11-year-old Janiya Thomas.
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