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October 8, 2002
PENSACOLA -- Suspended Escambia County Commissioner W.D. Childers agreed Monday to a plea deal resulting in his second open-government Sunshine Law conviction.
Childers pleaded no contest to discussing public business in private with two other suspended commissioners. Because his plea was not an admission of guilt, he can still appeal the case.
A jury in June convicted Childers, a former Florida Senate president, of a similar Sunshine violation and acquitted him on two other counts but deadlocked on this one. Childers' plea canceled the retrial, which was set to begin Wednesday.
Childers gave "yes, sir" answers to questions during Monday's hearing and declined comment afterward.
His lawyer, Richard Lubin, said both Sunshine convictions would be appealed together on legal issues.
He said there was little dispute that Childers voiced his opinion on issues in front of other commissioners. "The issue is whether or not that should be a violation of the Sunshine Law," Lubin said. He contended that the Legislature never intended to prevent such monologues if the issues are neither debated nor acted upon.
"The purpose of the Sunshine Law is to prevent back room meetings and discussions and decisions about matters that are going to come before the board," Lubin said.
Okaloosa County Judge T. Patterson Maney admitted that the law is unclear. He said he would certify the issue as one of great public importance to the 1st District Court of Appeal in Tallahassee.
At trial, witnesses said Childers loudly voiced his opposition to signing contracts for a county construction projects while in a staffer's office. Two other now-suspended commissioners, Willie Junior and Mike Bass, came in and heard his comments. Junior testified that he agreed with Childers; Childers denied Junior gave such a response. The jury could not decide whether the Sunshine Law was violated.
They convicted Childers, however, for discussing redistricting issues with the county's supervisor of elections on a speaker phone with another now-suspended commissioner, Terry Smith.
A separate jury also convicted Smith of that charge and a second violation for discussing landfill issues in front of Childers while they ate at a Whataburger. Maney sentenced Smith to community service, fines and costs totaling nearly $5,000 but no jail time.
Childers' jury acquitted him of the Whataburger charge and for allegedly commenting on planning issues over lunch in his office.
Maney delayed Childers' sentencing until after he is tried on more serious bribery-related charges on March 31. He is accused of giving Junior $90,000 to vote for buying a former soccer complex for $3.9-million.
Bass and Junior also were charged with Sunshine violations and bribery-related felonies. Junior pleaded no contest to the Sunshine and felony charges. Bass pleaded no contest to a Sunshine violation and prosecutors dropped his felony charges. They have not yet been sentenced.