This is a Public Service | I work with a bunch of Big Dummies - we’re not smart enough to put one over on the People @ThisisaPublicService | Uploaded October 2023 | Updated October 2024, 17 hours ago.
Dana McCool
(386) 878-8860
(386) 956-8863
dmccool@deltonafl.gov
beacononlinenews.com/2023/02/01/deltona-commissioner-files-ethics-complaint-against-fellow-commissioner
newsweek.com/woman-pays-500-water-bill-pennies-821520
OFFICE OF THE STATE ATTORNEY SEVENTH JUDICIAL CIRCUIT OF FLORIDA
INVESTIGATIVE REPORT
This investigation is predicated upon allegations by Deltona Mayor Santiago Avila Jr. that he believed city of Deltona commissioners have engaged in conduct that constitutes violations of the Florida Sunshine law that prevents elected officials from communicating with each other privately regarding matters that will come before the city commission in the future for a vote. This report will document my interview with Mayor Santiago Avila.
On Thursday May 11, 2023 at 0952 hours, State Attorney investigators Michael Taylor and I met with Santiago Avila Jr. at the Daytona Beach State Attorney’s Office at the Justice Center Daytona Beach. Mr. Avila is the current mayor of the City of Deltona. Mayor Avila provided the following sworn statement.
Mayor Avila was concerned that there were meetings, possibly two, by city commissioners in violation of the Florida sunshine law. He also had concerns about recent emails sent between commissioners.
Mr. Santiago Avila became mayor of Deltona in November of 2022. His first concern was a private meeting that was held sometime between January and February of 2023. The meeting was held at Commissioner Jody Lee’s home. The meeting included Commissioner Stephen Caldwell, Commissioner Thomas Burbank and a city manager candidate from Ohio. Commissioner Dana McCool went to Commissioner Lee’s home to pick up funds for a Sheriff’s Office fundraiser. She claimed that this meeting is in violation of the Sunshine law and promptly left.
This meeting was brought to the mayor’s attention by both Nick Lulli and Troy Shimkus. Troy Shimkus was in the truck with Commissioner McCool but did not go inside Commissioner Lee’s home. Troy Shimkus then told Nick Lulli and both of them told Mayor Avila.
Sometime after the meeting, the Mayor said that he had an impromptu meeting with Jim Chisholm, the Deltona city manager and the city attorney, Marsha Segal-George and Commissioner Dana McCool by which the previous meeting was discussed. Mayor Avila believes that the city attorney may have spoken with some of the city commissioners about the meeting. He also said that the candidate from Ohio for the city manager’s job was never brought before the board and Jim Chisholm is still the Deltona city manager.
Mayor Avila heard from Deltona theater owner, Frank DeMarsh, in the presence of his attorney, Kim Booker, eluded to that Jody Lee has pretty much asked for kickbacks for voting a specific way. He is the second person that he has heard that from. The first person will not come forward. Mayor Avila said that the first person is former state representative David Santiago; now a Volusia County Councilman.
Case Number: CP230042801
1st Amendment to the Constitution
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The right to petition government for redress of grievances is the right to make a complaint to, or seek the assistance of, one's government, without fear of punishment or reprisals.
Chapter 112, Part III of the Florida Statutes, "Code of Ethics for Public Officers, and Employees." Which states in part in : 112.311 (3) "It is likewise essential that the people be free to seek redress of their grievances and express their opinions to all government officials on current issues and past or pending legislative and executive actions at every level of government. In order to preserve and maintain the integrity of the governmental process, it is necessary that the identity, expenditures, and activities of those persons who regularly engage in efforts to persuade public officials to take specific actions, either by direct communication with such officials or by solicitation of others to engage in such efforts, be regularly disclosed to the people."
_
Institute for Justice is a nonprofit, public interest law firm. Their mission is to end widespread abuses of government power and secure the constitutional rights that allow all Americans to pursue their dreams.
ij.org
End Qualified Immunity
aaqi.org
If you want to help support my activism:
https://cash.app/$thisisapublicservice
Dana McCool
(386) 878-8860
(386) 956-8863
dmccool@deltonafl.gov
beacononlinenews.com/2023/02/01/deltona-commissioner-files-ethics-complaint-against-fellow-commissioner
newsweek.com/woman-pays-500-water-bill-pennies-821520
OFFICE OF THE STATE ATTORNEY SEVENTH JUDICIAL CIRCUIT OF FLORIDA
INVESTIGATIVE REPORT
This investigation is predicated upon allegations by Deltona Mayor Santiago Avila Jr. that he believed city of Deltona commissioners have engaged in conduct that constitutes violations of the Florida Sunshine law that prevents elected officials from communicating with each other privately regarding matters that will come before the city commission in the future for a vote. This report will document my interview with Mayor Santiago Avila.
On Thursday May 11, 2023 at 0952 hours, State Attorney investigators Michael Taylor and I met with Santiago Avila Jr. at the Daytona Beach State Attorney’s Office at the Justice Center Daytona Beach. Mr. Avila is the current mayor of the City of Deltona. Mayor Avila provided the following sworn statement.
Mayor Avila was concerned that there were meetings, possibly two, by city commissioners in violation of the Florida sunshine law. He also had concerns about recent emails sent between commissioners.
Mr. Santiago Avila became mayor of Deltona in November of 2022. His first concern was a private meeting that was held sometime between January and February of 2023. The meeting was held at Commissioner Jody Lee’s home. The meeting included Commissioner Stephen Caldwell, Commissioner Thomas Burbank and a city manager candidate from Ohio. Commissioner Dana McCool went to Commissioner Lee’s home to pick up funds for a Sheriff’s Office fundraiser. She claimed that this meeting is in violation of the Sunshine law and promptly left.
This meeting was brought to the mayor’s attention by both Nick Lulli and Troy Shimkus. Troy Shimkus was in the truck with Commissioner McCool but did not go inside Commissioner Lee’s home. Troy Shimkus then told Nick Lulli and both of them told Mayor Avila.
Sometime after the meeting, the Mayor said that he had an impromptu meeting with Jim Chisholm, the Deltona city manager and the city attorney, Marsha Segal-George and Commissioner Dana McCool by which the previous meeting was discussed. Mayor Avila believes that the city attorney may have spoken with some of the city commissioners about the meeting. He also said that the candidate from Ohio for the city manager’s job was never brought before the board and Jim Chisholm is still the Deltona city manager.
Mayor Avila heard from Deltona theater owner, Frank DeMarsh, in the presence of his attorney, Kim Booker, eluded to that Jody Lee has pretty much asked for kickbacks for voting a specific way. He is the second person that he has heard that from. The first person will not come forward. Mayor Avila said that the first person is former state representative David Santiago; now a Volusia County Councilman.
Case Number: CP230042801
1st Amendment to the Constitution
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The right to petition government for redress of grievances is the right to make a complaint to, or seek the assistance of, one's government, without fear of punishment or reprisals.
Chapter 112, Part III of the Florida Statutes, "Code of Ethics for Public Officers, and Employees." Which states in part in : 112.311 (3) "It is likewise essential that the people be free to seek redress of their grievances and express their opinions to all government officials on current issues and past or pending legislative and executive actions at every level of government. In order to preserve and maintain the integrity of the governmental process, it is necessary that the identity, expenditures, and activities of those persons who regularly engage in efforts to persuade public officials to take specific actions, either by direct communication with such officials or by solicitation of others to engage in such efforts, be regularly disclosed to the people."
_
Institute for Justice is a nonprofit, public interest law firm. Their mission is to end widespread abuses of government power and secure the constitutional rights that allow all Americans to pursue their dreams.
ij.org
End Qualified Immunity
aaqi.org
If you want to help support my activism:
https://cash.app/$thisisapublicservice
