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State drops sunshine investigation

The State Attorney's Office finds a lack of proof that fire officials met to talk business outside of the public view.

By JENNIFER FARRELL, Times Staff Writer
© St. Petersburg Times
published December 15, 2001


SPRING HILL -- The State Attorney's Office has declined to file charges stemming from allegations by the former Spring Hill Fire Rescue chief that two district commissioners violated the state Government in the Sunshine Law.

Mark Simpson, head of the agency's public interest unit, said Friday he recommended dropping the investigation because there is no independent proof of Mike Morgan's claims that commissioners discussed public business in private.

"What it boils down to is a swearing contest," Simpson said. "Obviously, on that, there is no way we'd be able to obtain a conviction."

Commissioners on the five-member board, who have dismissed Morgan's allegations from the beginning, said Friday they feel vindicated.

"I am very happy that they did the investigation," said Chairman Bob Kanner, who Morgan accused of discussing his retirement plans in private with Commissioner Jeff Hollander. "Now we know that this board goes strictly by the book, and we also know who fabricates their stories."

Hollander seemed matter-of-fact at the news.

"There was no evidence to show that any of this had any basis in fact," he said. "There's really not much to say. That was it."

Morgan, meanwhile, stood by his claims.

"It's not something I enjoyed doing or wanted to do, but when the man told me I had to tell the truth, that's exactly what I did," he said. "I'm not fabricating anything. . . . I thought maybe the truth would finally come out."

According to Simpson's report, made public Friday, Morgan was subpoenaed in November after approaching Sheriff Rich Nugent with allegations against commissioners. Hollander, Kanner and Commissioner Gene Panozzo were questioned in early December, after Morgan implicated them.

Morgan produced a chart with dates, places and content of conversations he said took place between him and commissioners stretching back to 1995.

Most recently, he accused Kanner and Hollander of talking about his retirement plans in private.

In separate interviews with Simpson and an investigator, all three commissioners denied Morgan's charges, saying the conversations either didn't happen, or did happen, but not the way Morgan represented them.

"It was sour grapes," Kanner said Friday. "He was crying wolf to cover his own mistakes."

A day after district commissioners said they were unhappy with Morgan's performance and voted 4-0 to force him into early retirement, he told the Times two commissioners had violated the Sunshine Law.

He declined to identify the two commissioners, but said he understood the pair had talked over his retirement proposal and vowed to back it in public.

Panozzo said he had done nothing wrong and hadn't worried about the investigation. He said he was disappointed that Morgan would make accusations without proof.

"Has the Sunshine Law ever been broken in this district? I'm sure it has," he said. "I'm sure it will be in the future. But how do you prove it? I have no idea."

-- Staff writer Jennifer Farrell covers Spring Hill and can be reached at 848-1432. Send e-mail to farrell@sptimes.com.

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