Emailgate: Did Sarasota School Board Member Shirley Brown violate Florida Law and her oath of office?
Elected officials make policy and have a responsibility to obey the policy they make. Every Florida elected official takes an oath of office to “[S]upport, protect, and defend the Constitution and Government of the United States and of the State of Florida” and to “well and faithfully perform the duties on which I am now about to enter.”
What if it is discovered that an elected official violates the policy they make? What if an elected official unfaithfully performs their duties?
Sarasota County School Board member Shirley Brown sent a series of emails to Ken Marsh and the Ken Marsh campaign for school board using the district email system. These emails include:
- Inviting Austin Jambor, a financial adviser at Morgan Stanley, to a Ken Marsh “reception” she is hosting “on Oct 1 in Prestancia.”
- Touting campaign endorsements by local firefighters of Ken Marsh, Jane Goodwin and herself on the eve of the August 26th Florida primary elections.
- Notifying the Ken Marsh campaign of a homosexual marriage event hosted by Equality Florida. Brown suggests that Ken Marsh and others from his campaign attend the event.
Florida Statutes 104.31 – Political activities of state, county, and municipal officers and employees, states:
(1) No officer or employee of the state, or of any county or municipality thereof, except as hereinafter exempted from provisions hereof, shall:
(a) Use his or her official authority or influence for the purpose of interfering with an election or a nomination of office or coercing or influencing another person’s vote or affecting the result thereof.
[ … ]
(3) Any person violating the provisions of this section is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
[Emphasis added]
The Sarasota County Schools Information Technology Guidelines and Procedures, page 28, under the heading “Appropriate Use of E-mail” states the following:
Sarasota County Schools guidelines prohibit certain types of e-mail. These include mail that may be perceived as harassment, political campaigning, or commercial solicitation. Chain mail is also prohibited. Violators will be subject to loss of computer access privileges, as well as additional disciplinary action as determined by the Sarasota County Schools disciplinary procedures. Certain types of e-mail, including but not limited to harassing e-mail, may also subject the sender to civil or criminal penalties. [Emphasis added]
It is important for elected officials to avoid even the “perception” of using public resources for “political campaigning”, particularly if that elected official implemented the policy forbidding it. It is important for elected officials at every level to abide by Florida state statues so as not to “coerce” or “influence” another person’s vote or to interfere with an election. It is important for elected officials to “faithfully perform their duties.” If not, then our Constitutional Republican form of government is in peril.
If elected officials give even a “perception” of violating policy, state statues or their oath of office, then what signal does that send to those who work for them?
John Adams, American lawyer, politician and second President of the United States, in his 7th “Novanglus” letter, published in the Boston Gazette in 1774, wrote that we are “A government of laws, and not of men.” Some elected officials have forgotten this maxim.
What will happen to Ms. Brown now? Will she publicly apologize for her actions? Will she resign from office? Will this be investigated by the proper authorities?
We will continue to report on this ongoing scandal truthfully and without fear of retribution.
REFERENCES:
Brown invitation to reception for Ken Marsh
Brown touting campaign endorsements
Brown notifying the Ken Marsh campaign of a homosexual marriage event hosted by Equality Florida.
