- April 30, 2024
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The Florida Commission on Ethics has dismissed complaints filed against Palm Coast City Council members Victor Barbosa and Ed Danko for lack of legal sufficiency, citing jurisdiction, according to a news release from the commission.
The complainant, Fernando Melendez, had reported a pattern of cell phone usage that he thought suggested that the two city councilmen were texting each other during council meetings — a potential violation of Florida's open government law, known as the Sunshine Law.
"Even assuming, as alleged, that the Respondent texted another Councilmember during meetings, the Sunshine Law ... is not within the jurisdiction of the Commission on Ethics," the commission stated in its report dismissing the complaints. "Rather, it is administered by the courts, States Attorneys, and the Attorney General."
If the commission dismisses a complaint for falling outside of its jurisdiction, the complainant can bring it before a different venue, but the commission itself would not transfer the case elsewhere, according to an ethics commission spokeswoman.
The report explains that the ethics commission deals with "corruption," which, under the state's definition, involves personal benefit to the accused or to people within their personal nexus. "Even assuming that the Respondent engaged in the alleged conduct, the complaint fails to indicate, in a factual, non-conclusory manner, any private capacity benefit," the report states.
