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HomeMy WebLinkAbout1982 Grand Jury InvestigationIN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA. IN RE: GRAND JURY REPORT FILED DECEMBER 10, 1982 O R D E R The above captioned Grand Jury Report filed on December 10, 1982 related critically to a certain individual. Pursuant to Court Order said individual was duly served with a true copy of such Grand Jury Report on December 14, 1982. Under the provisions of Florida Statute 905.28 said individual had a period of 15 days to file with the Court a motion to repress or expunge said Grand Jury Report; which 15 day period expired on December 29, 1982. It now appearing to the Court that said individual has not filed any motion to repress or expunge said Grand Jury Report and the Court being otherwise fully Advised, it is ORDERED AND ADJUDGED that the Clerk of the Circuit Court is hereby authorized and directed to unseal said Grand Jury report and to file the same and make it available for public inspection according to law. DONE AND ORDERED at Fort Pierce, St. Lucie County, Florida this 30th day of December, 1982. / Circuit Judge CUTMIT Ci'U*rr T MUTE GMKI2-PAW °~ 1 LN THE CIRCUIT COURT OF TIIIE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, STATE OF FLORIDA. IN RE: ) 1982 Fall Term Grand Jury ) Interim Report. ) I N T E R I M R E P O R T '11): The Honorable RDOGE /�, /� �/�%S� G iRe�%: 10b6,�- The 1982 Fall Tenn Grand Jury in and for Indian River County convened on Tuesday, November 23, 1982 before Assistant State Attorney John H. Power. The following members were present: Thomas R. Guy Philip J. Smith Dorothy A. Flanagan Gloria J. Armstrong Katherine G. Robinette W. Christine Cherry Marion H. 11 i ll John E. Rockhill Marianne S. Hoyt Dale 17. Grabenhauer Charles Romanos Michael C. Gillen Carol K. Conklin Hubert E. Hardman Mary E. Messenger Larry E. Staley CIRCUIT COMMhorlUl'E 6QO�At� i-. The Foreman, 'Thomas R. Guy, presided, and the Clerk, Dorothy A. Flanagan, kept Minutes. MIL'RITORE, The State presented matters relating to misconduct and/or violations of the Sunshine Act in Sebastian City Government, and the following witnesses were heard: Dale Patchett Al Payne (Taped Recording) Jim Cummins John Quincy (Billy) Adam Ann Dewhurst David Carter Gregory Golien Huston Tripp Barbara DeVane Elizabeth Reed Frank Oberbeck The Grand .Jury recessed for the day at 5:00 o'clock, P.M., and reconvened at 9:50 o'clock, A.M., on Wednesday, November 24, 1982. The following members were present: Thomas R. Guy Philip J. Smith Dorothy A. Flanagan Gloria J. Armstrong Katherine G. Robinette Marion H. Hill John E. Rockh i ll Marianne S. Hoyt Dale F. Grabcnhauer Charles Romanos Michael C. Gillon -2- CIMUiT COO hINUTE BOOK.2f$ACs�— Carol K. Conklin Hubert E. Hardman Mary F. Messenger Larry E. Staley The Forman, Thomas R. Guy, presided, and the Clerk, Dorothy A. Flanagan, kept Minutes. WHEREFOU , the State continued presentation of matters relating to misconduct and/or violations of the Sunshine Act in Sebastian City Government, and the following witnesses were heard: Elizabeth Reed Gregory Golien Barbara DeVane Artie Maher Pat Flood 'The Grand Jury recessed for the day at 4:00 o'clock, P.M., after hav- ing been advised by Assistant State Attorney John 41. Power that they would be returning on Wednesday, December 1, 1982, at 9:00 o'clock, A.M., to begin their deliberations. The Grand Jury reconvened at 9:00 o'clock, A.M., on Wednesday, December 1, 1982, and the following members were present: Katherine G. Robinette Mary F. Messenger Dorothy A. Flanagan Marion 11. lull Gloria J. Armstrong Carol K. Conklin Philip J. Smith Michael C. Gillen Dale E. Grabenhauer -3- CIRCUIT CO R'T Y"o- I BOOK_/- .-bk John 1". Rockhill Hubert 1. Hardman Charles Romans Larry E. Staley Thomas R. Guy This number not constituting a quorum the Grand .Jury was unable, as a mat- ter of law, to convene and conduct business; therefore, the Grand Jurors were advised by Assistant State Attorney John 1-I. Power to return on Wednes- day, December S, 1982 at 9:00 o'clock, A.M., to begin their deliberations. The Grand Jury reconvened at 9:00 o'clock, A.M., on Wednesday, December 8, 1982, and the following members were present: Thomas R. Guy Philip J. Smith Dorothy A. Flanagan Gloria J. Armstrong Katherine G. Robinette Marion 11. Hill John 11. Rockhill Marianne S. Hoyt Dale E. GrabenhauCr Charles Romanos Michael C. Gillen Carol K. Conklin Hubert E. Hardman Mary E. Messenger Larry E.Staley The Foreman, Thomas R. Guy, presided, and the Clerk, Dorothy A. Flanagan, kept Minutes. The Grand Jury was instructed on the applicable law by Assis- tant State Attorney ,John 11. Power, who then retired from the Grand Jury Room and the Grand Jurors began their deliberations. Pursuant to this -4- /a �:kJ CIRCUIT COURT NILNUTE 60.QK Y Fes---- r.. investigation, and at the conclusion of their deliberations, the Grand Jury wade the following Findings and/or Recoimiendations as to the follow- ing allegations: FINDING: NO. 1: Allegations that Mayor Pat Flood was attaching a tag not lawfully assigned to his vehicle. We, the Grand Jury, find no misuse occurred as both tags were MCI are registered to said vehicle. FTNDNG: No. Z: Alloyed official misconduct relating to the installation of liuierock on the olf course c(rivcway and subSequent paving of same. We, the Grand Jury, find that circrmistances involved in limerock- ing the driveway were an emergency measure and that Mayor Pat Flood acted in good faith and in the hest interests of the citizens of Sebastian. Regarding the subsequent paving of same, it was completed with the belief that an existing agreement was in force with the paving contractor. We found no misconduct on the part of Sebastian officials. FINDING: No. 3: Alleged conflict of interest relating to Mayor Pat blood and Arrow Electric. We, the Grand .fury, find no conflict of interest relating to Mayor Pat Flood and Arrow Electric. FINDING: No. 4: Allegation of conflict of interest relating to the oporing of the-lWartin Subdivision alleyway. We, the Grand .Jury, find no conflict of interest relating to the opening of the Martin Subdivision alleyway. -s- CIRCUIT CCu7T INUTE 90.0K 'Ai3E_ .� FINDTNG: FINDING: No. 5: Alleged Government in the Sunshine violations. h1e, the Grand Jury, find no Government in the Sunshine violations. No. G: Alleged improprieties in the issuances of local licenses to Billy Adams and Frank Oberbeck. We, the Grand Jury, find evidence that improprieties exist in the issuances of local contractor licenses to both Billy Adams and Frank Oborheck. Those improprieties include: •(A) Billy Adams was given an oral test, as directed by Artie Mayer, not in compliance with required regulations in Sebastian Ordinance 7-93. (B) The letter from Block and Associates containing test scores was altered to enable Frank Oberbeck to receive his local contractor's license. (C) Subsequent letters of reciprocity were sent to other municipalities indicating that Billy Adams and Frank Oberbeck were properly licensed contractors when, in fact, they had not met all requirements. The improprieties listed all occurred in the office of Artie Mayer, Sebastian Building Official, and he and his secretary, Barbara DeVane, were involved in part or total in the carrying out of those actions. Further, we find no evidence that either Billy Adams or Frank Oberbock participated in or had any knowledge of these actions] lint:W N a:.R'L11' l' 1 ONE I. This investigation has revealed areas of inefficiency and seeming disregard for required procedures as set forth in the Sebastian Ordi- nance. We recommend greater attention be focused on the details of complying in those areas of City Government. -G- 11. We recommend the word "services" be added to the City Ordinance relating to bidding, to read: "(h) Before any expenditure for supplies, materials, equipment or services involving more than one thousand dollars ($1,000.00) may be legally incurred, public notice must be given by the publication of a call for bids, which call for bids shall specify or describe clearly the kind, amount and nature of such supplies, materials, equipment or services intended to be purchased by the city, and which call Cor bids shall be published at least once in a newspaper of general circulation not less than seven (7) days prior to the making of any such purchase. (Mo. of 9-12-77)." We further recommend that bidding procedures should be strictly followed in accordance with Sebastian City Ordinance 2-63. ITT. Though we find no definite evidence of conflict of interest we are concerned that some nary exist; therefore, we recommend that greater care be taken in appointment of committee persons and the subsequent filing of necessary papers relating to disclosure of specified interests and con- flict of interest, as required by Florida Statutes 112.313(7) and (9). IV. We recommend the.dismissal of Artie Mayer from his position as Building Official. V. We recommend an in-depth study be made of the Building De- partment records for licenses granted during the tern of Artie Mayer. Vl. We reconunend that the Commission On Ethics be provided with a copy of this Report. 1'hc Grand Jury reported their findings in Open Court to the Ilonor- able Royce R. Lewis. DATED at Vero Beach, Indian River County, Florida, on this loth day of December, 198 ._ FILED DEC 10 1982 :J1A 11 RMI;T. ('I, r.RI; t,-""MH t MNt Foreman' Clerk -7- URCUIT COURT 11,10.UTE BO.OK.1 P1 ---- 110 'V - Art Mayer ... leaving position' Art Mayer Quits Post Following the receipt of "critical" .comments filed by the Indian River C9unty Grand Jury, Sebastian Building Official Art Mayer submitted his resignation, effective 4:30 p.m. Wed- nesday, to the Sebastian City Council Monday. Mayer and 15 others had been involved in a months' -long investigation by the State Attorney's Office into charges of alleged governmental irregularities in Sebastian. The probe eventually wound up before the county grand jury, which issued a report to Circuit Court Judge Royce Lewis on Dec. 10. —Lewis-promptly sealed the contents of that document for 15 days, protecting the rights of the lone individual "criticized" by the grand jury to attempt to have those critical comments suppressed or expunged from the record. "1'm not contesting it. I'm not going to try to have it sealed. Anyone who wants to will be able to read it (the grand jury's findings) in its entirety on Dec. 29." Art Mayer A copy of the grand jury report was ordered mailed to the subject of the reprimand. Mayer said Monday he received it Dec. 14. "I'm not contesting it," the building official said Monday afternoon. "I'm not going to try to have it sealed. Anyone who wants to will be able to read it (the grand jury's findings) in its entirety on Dec. 29." Mayer, 59, who has run the building department since July 1976, refused to disclose the exact nature of the grand jury's critical remarks or recom- mendations. During an emotion -charged emergency session of the Sebastian City Council Monday night, members reluctantly but unanimously accepted Mayer's resignation. "It's pathetic," said Mayor Pat Flood. "It's absolutely pathetic." "I don't care what he (Mayer) did,"' Flood continued, tears in his eyes and his 14/See,Mayyger_Neext Page Mayer From Pg. 1 A voice breaking. "He didn't deserve this." Flood and other councilmen who had spoken to Mayer following his decision to resign, said the building official in- dicated his primary concern was to spare his family further anguish and to relieve the burden of an unpleasant decision from the shoulders of the City Council. Retired contractor John Palmer will be offerred the post of interim building inspector. *-o3- 1962 Grand Jury Probe Brings No Indictments After almost twomonths of investigations, a State's Attor- ney's probe and a review by the Indian River County Grand Jury, no indictments have been issued against Sebastian City Officials for violations of the Government in the Sunshine Law, conflict of interest, or any other wrong doings. Following the Grand Jury's deliberations, last week, the file was brought before Circuit Court Judge Royce Lewis who immediately sealed the reprot. A two day wait ensued between the Grand Jury's compeltion of the case and presetion to the Circuit Court, while the conty had to wait for a cirucit court judge to return to Indian River Countyl. The county doesn't havea full timecircuitjudgeat this time. Some of the complaints had been over conflict of interest charges, among city officials in theabandonmentofsome city property and in the construction and operation of the municipalgolf course. It all began when some "constituents" brought their com- plaints jto Representative Dale Patchett, who turned it over to Assistant State Attorney John Power's office. Power com- menced interviewing about 13 Sebastian officials and citizens, including, Mayor Pat Flood, Raymond Ladd, city golf cour- se pro; Greg Golien, zoning Commission chairman; Joe Lan- caster, city funance director; Billy Adams plumber; Anne Dewhurst, resident and Artie Mayer city building inspector. It hasn't been revealed to date who brought the allegations. E Judge Lewis said any person criticized within &he report has 15 days to request that critical portions in it be removed before '- the document is released to the public, and the report would remain sealed until the Circuit Corm rules on therequest. �2JOChs{.lan 5V t� Grand Jury Findings Held Up Until Friday A Hollywood dramatist would be hard- pressed to inject more suspense into the unfolding saga of an Indian River County grand jury probe into allegations of governmental irregularities in Sebastian. The investigation that began in August was expected to culminate in the release of grand jury findings Wednesday af- ternoon ... but the unavailability of any of the four local circuit court judges to formally receive the panel's report caused the case to be delayed — again — until 9 a.m. Friday. "This has been a real chore," remarked a dumbfounded John Power, assistant state attorney and the man who has conducted most of the questioning in the Sebastian investigation. "First we had a juror get sick, and that delayed us ... Now we're unable to find a judge to receive the jury's report," Power observed. He referred to the Dec. 1 illness of one of the -15 -grand -jury members, whose absence forced the cancellation of deliberations originally scheduled for that day. "I had hoped to get this case finished today," Power remarked •Wednesday, "but now we'll have to wait until Friday." And it may not be over then. According to Power, any individual criticized in the grand jury report — if no criminal indictments are handed down — will have 15 days in which to file a legal rebuttal and request for sup-' pression of that portion of the report. At the end of that 15-day period, any part of the grand jury findings not or- dered sealed will become a matter of public record. Power said the grand jury report will be presented to Circuit Court Judge Royce Lewis on Friday morning and that presentation process and reading of the jury's findings is open to the public. Sixteen witnesses — including state Rep. Dale Patchett, Sebastian Mayor i Pat Flood and other Sebastian city of- ficials and employees — were sub- poenaed during investigations by the 1 state attorneys -office and later by the grand jury into charges of alleged conflicts of interest and violation of the state's Government -in -the -Sunshine Law by city officials. Only 13 of that number were actually interviewed by the grancli j Sun., Dec. 12, 1982, Vero Beach, Fla., PRESS -JOURNAL 13A Jury Rep 'Criticizes By SANDY KING Sebastian city officials heaved a collective sigh of relief Friday when an interim report filed by the Indian River County grand jury ordered no in- dictments and offered "criticism" of only one individual. "This interim report," announced Circuit Court Judge Royce Lewis following his perusal of the document, "speaks critically of a certain in- dividual. "Of course," Lewis added, "this person has not been indicted by the grandjury." Without revealing the name of the individual chastized by the 15-member grand jury or elaborating upon the other contents of the report, Lewis explained the options open to the person being reprimanded. According to the judge, that individual has 15 days from the time of receipt of a certified copy of the report in which to file motions with the court for supression of that portion of the document in which he is named; he may also show cause for having the critical comments expunged from the record. If the unnamed individual fails to file the proper motions or the court finds agajnst him, the entire grand jury report will become a matter of public record at the end of that 15day period. The judge could concur with the petitioner's request for suppression and place a permanent seal on the critical portion of the jury's report. Whatever the outcome of that in- dividual's efforts, the remainder of the grand jury's findings — sealed by Lewis Friday for the duration of the 15riay appeal period — will be released to the public at the end of the 15th day. Lewis congratulated the grand jury — assembled in its entirety for the Presentation — on its dedication to duty. .J Grand jury ends probe Of Sebastian VERO BEACH — An Indian River County grand jury on Wednesday concluded its investi- gation of alleged improprieties in Sebastian city government, but can't release its findings because a circuit court judge wasn't available to hear it, said assistant state attorney John Power. The grand jury's conclusions are scheduled to be given at 9 a.m. Friday to Circuit Court Judge Royce Lewis who was working in St. Lucie County Wednesday. No arrests or indictments resulted from Power's initial in- vestigation in October of allega- tions that city officials met illegally in private and that there were improprieties in the con- struction and operation of the city golf course. Power would not discuss the jury's deliberations or what they might say, but has said that taking the issue to the grand jury was mainly an attempt to quell any accusations that the earlier investigation was improper or incomplete. �( Est i a i' Investigation oes Public By SANDY KING Four months of suspense ended Thursday with the official release of an Indian River County grand jury report on the results of that panel's probe into alleged irregularities in Sebastian city government. The jury's findings, presented Dec. 10 to Circuit Court Judge Royce Lewis, were sealed by the judge at that time to allow the lone individual criticized in the report 15 days to file petitions for sup- pression. Ten days later, former Sebastian building official Art Mayer announced he was the one taken to task by the grand jury and tendered his resignation to the Sebastian City Council. It was reluc- tantly — but unanimously — accepted. No one but Mayer knew at that time the exact nature of the grand jury's remarks. The document released by Lewis Thursday — when Mayer declined to argue for its continued suppression — contained the complete findings of the grand jury, based upon its examination of evidence presented by Assistant State Attorney John Power and interview of 13 of the 16 witnesses subpoenaed during the probe. Six allegations against Sebastian city officials, board members and employees were examined by the grand jury. Those charges and the jury's findings follow: 1. That Mayor Pat Flood was attaching to his car a license tag not lawfully assigned to that vehicle. The jury ruled no misuse; both tags were properly registered to the car in question. 2. That official misconduct was in- volved in the installation of limerock on and the subsequent paving of the Sebastian Municipal Golf Course driveway. The limerocking, the jury found, had been undertaken as an emergency measure and that the paving had been ordered with the belief that an agreement already existed with the paving contractor. "We found no misconduct on the part of Sebastian officials," the grand jury wrote. 3. The grand jury found no evidence to support allegations of conflict of interest relating to Flood and Arrow Electric. 4. The fury similarly uncovered no i,. .,— a ,u uie suosequent filing of papers relating to disclosure of specific interests and conflict of interest." Finally, the grand jury recommended ' the dismissal of Mayer and an "in-depth study" of building department records for licenses issued during his term of office. The panel also suggested that the state Commission on Ethics be provided a copy of this report. Although he took exception to the grand jury's charge of "inefficiency" and "disregard" for proscribed procedures among city officials, Mayor Pat Flood said Thursday found the group's report generally satisfying. From Pg. 1 A i uunk, over", the grand jury did an excellent job," he remarked. "I think they were really conscientious in trying to find the truth ... and did a good job of it. "I think Sebastian is going to have a black eye from this thing for a while, but the city will recover. I'm not sure," Flood added, "that some of the people involved ever will." Flood said he plans to actively pursue a course of damage suits against some of the people who made specific — and apparently unfounded— allegations. "It's just a handful of people who stirred this whole thing up, and they're already talking about starting something new," the mayor observed. "I think a lawsuit is probably the only way to shut them up." Frank Oberbeck, city councilman and head of his own construction firm, was standing in front of the grand jury Nov. 23 when he first learned of the apparent alteration of his Block test score. He was in Sebastian River Medical Center's intensive care unit suffering from heart failure just a few hours later. "The cumulation of tensions over a four -month period came to a head at that moment," Oberbeck recalled Thursday. "Later, when I'd had to time to realize what happened, all I could think of was how unnecessary (changing the score) had been. "I didn't even need the license," he continued. "I have a licensed contractor working with me. I just took the test as a matter of course; if I passed, fine, if I didn't... that was OK, too. "I had absolutely no knowledge of the test score having been changed," Oberbeck declared. "I feel I've been the victim, not only of whatever transpired there, but of this investigation in general. It won't make me hang my head, though. I've got nothing to hide, nothing to be ashamed of. "I just thank God it's over. According to Flood, the status of Oberbeck's local contractor's license will have to be examined by the Sebastian Construction Board and possibly by the City Council. Mayer declined comment Thursday, except to say, "I'm just glad it's over with, that it's all come out. "Hopefully, this will be a total end to it. I want the city to get back to normal," he finished, "to go ahead and grow the way it's supposed to." _ Grand jury's Sebastian, cfe/ibera tions delayed. BY TODAY staff writ," VERO BEACH — Deliberations on an investigation of Sebastian government by the Indian River grand jury were postponed one week Wednesday because one of the jurors was ill. Assistant State Attorney John Power said the grand jury will convene at 9 a.m. Dec. 8 to review the evidence presented to it Nov. 23-24. No arrests or indictments came out of Power's initial investigation in October of allegations that city officials met illegally in private and that there were improprieties in the construction and operation of the city golf course. He also reviewed an alleged conflict of interest in the city's abandonment of an alley behind a restaurant. Power said taking the issue to the grand jury was mainly an attempt to quell any accusations that the investigation was improper or or incomplete. Thirteen people — including state Rep. Dale Patchett, R-Vero Beach, Sebastian Mayor Pat Flood, former police Chief Jim Cummins and former city Councilman Richard Szeluga — testified or submitted taped depositions before the grand jury. If indictments are handed down after the Dec. 8 2 /_2 In Indian River deliberations, Power said they would be released immedi- ately to the public. However, if the jury decides to file only a report, anyone criticized in it will have 15 days to dispute the findings before the document is released. Sick Juror Delajis De ioot'e`rations Sebastian city officials and others involved in a grand jury probe into alleged instances of governmental misconduct in that municipality will have to wait at least one more week for the legal machinery to start. Assistant State Attorney John Power announced Wednesday that the Indian Rivver grand jury's anticipated start on deliberation of Sebastian -related testimony that morning had been delayed due a juror's illness. According to Power, the panel member's inability to attend the Wednesday morning grand jury session left the in- vestigative board undermanned, with only 14 members in attendance. Because 15 is the minimum number of jurors required for the grand jury to make any official decisions, said Power, "We couldn't take any action." Power said he expects the grand jury to reconvene at the county courthouse to begin deliberations on the Sebastian matter at 9 a.m. on Dec. 8. Under consideration at that time will be the testimony of 13 Sebastian city officials, employees and residents subpoenaed by the grand jury as part of its investigation into charges of conflicts of interest and violations of the state's Government - in -the -Sunshine Iaw levied by parties as yet unnamed against Sebastian officials. Although 16 names were included on the original subpoena list, the grand jury elected to question only 13 of the people represented there during a series of interviews that concluded Nov. 24. Jury completes Sebastian probe By DAVID DICKERSON TODAY Sfax writer VERO BEACH — The Indian River County Grand Jury fin- ished hearing evidence in its investigation of Sebastian gov- ernmental operations Wednesday and is scheduled to meet again Dec. 1 to begin deliberations. Assistant State Attorney John Power said 13 people either appeared before the jury or sub- mitted taped depositions during the two-day proceding. Sixteen Sebastian residents and city officials were subpeo- naed in the probe. However Ray Ladd, municipal golf course pro- fessional; Sue Powell, secretary to the city building department; and Joe Lancaster, city finance director, were not required to testify. Those who did appear before the grand jury included state Rep. Dale Patchett, R-Vero Beach; Sebastian Mayor Pat Flood; plumber Billy Adams; and Jim Cummins, former police chief who quit last month under pressure from his own officers .while Flood was investigating the department on his own. Power said Patchett was brought before the grand jury because he had a lot of back- ground on Sebastian government and was the first person con- tacted by people alleging wrong- doing in city government. No arrests or indictments came out of Power's October investigation of allegations that city officials illegally met in pri- vate and that there were improp- rieties in the construction and operation of the city golf course. He also reviewed data about an alleged conflict of interest in the city's abandonment of an alley behind a restaurant. Taking the issue to the grand jury was mainly an attempt to quell any accusations that the investigation was improper or incomplete, Power said. "But the grand jury investi- gation is totally separate from my investigation;" Power said. He refused to say if there was any evidence presented to the grand jury that was not covered in the initial inquiry. Jurists will begin reviewing the presented evidence Wednes- day at 9 a.m. Waiting Their Turn State Rep. Dale Patchett, R-Vero Beach, talks to Sebastian resident Ann Dewhurst shortly before the grand jury convened at the Indian River County Courthouse. Patchett and Mrs..Dewhurst were two of 16 witnesses subpoenaed to testify. (Press -Journal Photos By David Benesh) Arriving To Testify Building Official Art Mayer walks up the steps leading to the courtroom of the grand jury inv-v+-,—+i-i which started Tuesday morn- ning at the Indian River County Courthouse. Mayer is one of 16 witnesses who were subpoenaed to testify before the grand jury in connection with a probe into alleged governmental irregularities in Sebastian. Grand Jury Hears By SANDY KING 'den of the witnesses; subp aenaed by the Indian River County grand jury on Nov. 16 were interviewed Tuesday as that panel investigates charges of governmental irregularities in the city of Sebastian. 10 Testify Sebastian Building Official Art Mayer, former golf course employee Sue Powell and Richard Szeluga, former Sebastian City Council member and one-time president of the Sebastian Highlands Property Owners Association. Bob Stone recommended Power'. endings ue reviewed by the county grand jury. Among those allegations under investigation by Power were charges of conflict of interest and violation of Florida's Government -in -the -Sunshine Law among R91" V*i � ^ city officials. Grand Jury Hears By SANDY KING Ten of the fit' witnesses subRoenaed by the Indiaat River County grand jury on Nov. 16 were interviewed Tuesday as that panel investigates charges of governmental irregularities in the city of Sebastian. Among those questioned during the first day of testimony before the grand jury were State Rep. Dale Patchett; Jim Cummins, former Sebastian police .chief; Billy Adams, a local plumber; Barbara DeVane, secretary in the Sebastian building department; Ann Dewhurst, Sebastian resident; Greg Golien, chairman of the city's planning and zoning board; Frank Oberbeck, contractor and Sebastian city councilman; Al Payne, electrical contractor; Elizabeth Reid, Sebastian's deputy city clerk; and Huston Tripp, an electrical contractor, and member of the Sebastian Construction Board. Still to be heard as the questioning continues at 9:30 a.m. today are Sebastian Mayor Pat Flood, golf course pro Ray Ladd, city finance director Joe Lancaster, Sebastian Building Official Art Mayer, former golf course employee Sue Powell and Richard Szeluga, former Sebastian City Council member and one-time president of the Sebastian Highlands Property Owners Association. Assistant State Attorney John Power, conducting the interviews before the grand jury, said he would like to conclude the questioning today, "but there's no way of knowing how long it's going to take." Power said any witnesses remaining to be questioned at the conclusion of today's grand jury session will. have to wait for the investigation to con- tinue Monday, following a four -day Thanksgiving break at the county courthouse. The grand jury probe currently under way began Aug. 27 when the state attorney's office issued sub- poenas for 13 Sebastian city officials, employees and residents. That list grew to 15 before Power's in- terviews concluded in September and State Attorney Testi'6fY,,-v,-11-- vre6� Bob Stone recommended Power'e Andings ue r-eowewed by the county gratxd ,jury. Among those allegations under investigation by Power were charges of conflict of interest and violation of Florida's Government -in -the -Sunshine Law among Sebastian city officials. Power refused to say Tuesday if the grand jury probe had turned up any "surprising" information or had strayed into areas of interest other.than those already mentioned. He also declined to speculate over how soon after witness testimony has been completed that the grand jury might render a decision. It was learned Tuesday evening that Frank Ober - beck, Sebastian city councilman, was admitted to Sebastian River Medical Center's intensive care unit shortly after his late -afternoon appearance before the grand jury. Oberbeck, reportedly suffering chest pains, was in the intensive care unit Tuesday night but, according to a hospital spokesman, was "not in critical condition." Grand Jury Calling 16 To Testify By SANDYKING State Rep. Dale Patchett's name heads a list of 16 witnesses subpoenaed Tuesday to testify before the Indian River County grand jury in connection with a probe into alleged governmental irregularities in Sebastian. Patchett and the rest are scheduled to appear before the grand jury at 9:30 a.m. on Nov. 23. In addition to the Vero Beach -based Republican representative, the grand jury will question: • Billy Adams — Sebastian plumber. • Jim Cummins — former Sebastian police chief. • Barbara DeVane — secretary, Sebastian building department. • Ann Dewhurst — civic figure. • Pat Flood — mayor of Sebastian. • Greg Golien — chairman Sebastian Planning and Zoning Board. • Ray Ladd — golf pro at Sebastian Municipal Golf Course. • Joe Lancaster — Sebastian finance director. • Art Mayer — Sebastian building official. • Frank Oberbeck — building con- tractor and Sebastian City Council member. • Al Payne — electrical contractor. • Sue Powell — former employee of the Sebastian Municipal Golf Course. • Elizabeth Reid — former Sebastian city clerk, now deputy city clerk. • Richard Szeluga— former Sebastian City Council member and former president of the Sebastian Highlands Property Owners Association. • Huston Tripp — electrician and member of the Sebastian Construction Board. "I'm glad we're getting there (to the grand jury) and going to get it all ironed out. When the grand jury's report is in, then I'll have my say." Pat Flood The group's summoning by the grand jury stems from an investigation launched Aug. 27 by the state attorney's office. According to Assistant State Attorney John Power, that probe was initiated by persons as yet unnamed who alleged to instances of conflict of interest and violation of the state's Government - in -the -Sunshine Iaw by Sebastian city officials. All of the people listed above — with the exception of Patchett — were in- terviewed by Power during the last weeks of September. Although Power indicated then he expected no cr rmnal indictments to come from the in- vestigation, the case was referred to the grand jury as a matter of routine policy established by the state attorney's office. State Attorney Bob Stone said, in recommending the grand jury review, Pat Flood Dale Patchett that the move was standard procedure in his office in matters involving govern- mental or public agencies. With testimony scheduled to begin on Tuesday and Thanksgiving falling on Thursday, Power remarked, "I hope to finish (the questioning in front of the grand jury) by the middle of Wednesday, but it's pretty unlikely I will." "1 just think it's a shame the extremes some people will go to just to satisfy a personal grudge." Frank Oberbeck Power also attached little significance to Patchett's inclusion on the grand jury witness list. "He's basically going to supply a little historical background. He (Patchett) sent some of the people making allegations to our office, but his actual knowledge in this matter is very limited." Patchett was contacted Tuesday in Tallahassee by his administrative aide, Joanne Davis, who reported that the representative was aware the subpoena had been issued but would not be making any statements. Power said he thought the 16-name witness list was complete, but added, "You never know. At this point, I don't anticipate adding any names to the list." Mayor Pat Flood said Tuesday, "I'm glad we're getting there (to the grand jury) and going to get it all ironed out. When the grand jury's report is in, then I'll have my say." Councilman Frank Oberbeck ob- served, "I just think it's a shame, the extremes some people will go to just to satisfy a personal grudge. "Hopefully, the truth will come out." Building Official Art Mayer wants to know who the people are who instigated the Sebastian probe and its culmination before the grand jury. "I would prefer to know my accusers," he remarked. "I think the people making the charges, making the allegations, should be required to appear before the grand jury and answer questions. If they can't prove their charges, the whole thing should be dropped. "I think it's a total waste of tne tax- payers' money." Power: Announcement Wednesday By SANDY KING Persons involved in the state at- torney's investigation of alleged irregularities in Sebastian city govern- ment will have to wait until Wednesday for the official word on disposition of the case. "I'll definitely, without doubt, know what I plan to do about it by Wednesday of next week," said Assistant State At- torney John Power. Power concluded Thursday his questioning of the 12 persons subpoenaed as witnesses in the Sebastian in- vestigation. Uke the nine who preceded them into Power's office, Ann Dewhurst, Sue Powell and City Councilman Frank oberbeck were asked a variety of questions pertaining to the state's probe of alleged conflicts of interest and Government -in - the Sunshine Law among Sebastian city officials. "I still need to talk to Alafternoon. Power noted late Thursday Payne, owner -operator of Arrow Electric in Sebastian, became the 13th name on Power's witness list following his interview of Art Mayer, Huston Tripp and Greg Golien on Wednesday. others who made the trip Tuesday to the state attorney's office in Vero Beach included Jun Cummins, Billy Adams, See Sebastian, Next Page John Power Frank Oberbeck Sebastian —From Pg. 1A� Richard Szeluga, Ubbie Reid, Joe Lancaster and Ray Ladd. Mrs. Dewhurst and Ms. Powell could not be reached for comment Thursday. Oberbeck at first declined statement, then pronounced his session with Power "informative for both of us." "He ( Power) asked me questions and I asked him some," the city councilman reported. "I think we both learned a few things." Oberbeck also expressed disap- pointment at the prevailing attitude among Sebastian residentsand media reports that he said appear to "assume criminality among the people involved in this thing when nothing of the kind exists." "The accusations and finger -pointing going on this town (Sebastian) is doing nothing but destroying the city," Oberbeck remarked Thursday. "It's unfair to everyone involved," he continued. "There might have been a few errors made, a couple of small mistakes or procedures not followed exactly — but they're not criminal and certainly not anything people should be hung for. "It's just a shame," Oberbeck con- cluded, "that all the good some of these people have accomplished over the years is going to be wiped out and completely overshadowed by the stigma of this in- vestigation." Oberbeck said he asked Power Thursday for the names of the people making the allegations that launched the state attorney's investigation. "Mr. Power has agreed to inform me of who the accusers are," he reported. "I feel I have a very serious matter to pursue as far as recourse against these people is concerned. In fact, Mr. Power signed a statement himself Thursday that should help me in that endeavor. I just hope the others who have been hurt by this thing have been as fortunate." Power said later the question of releasing the names of the persons initiating the probe by his office is "one of the things I need to discuss with other members of the state attorney's office before I decide what we're going to do. "I think it will eventually come out who made the calls to (state Rep.) Dale Patchett and got the ball rolling," Power predicted. Patchett said after the 12-name sub- poena list was issued by Power on Aug. 27 that he had been contacted by con- cerned Sebastian residents in November who presented their allegations to him and whom he subsequently referred to the state attorney's office. Power said both Tuesday and Wed- nesday there is "a distinct possibility" the Sebastian investigation will be turned over to a grand jury for more thorough exploration. Even so, he noted Wednesday, "I don't particularly anticipate any criminal indictments coming out of this.,, According to Power, a new Indian River county grand jury will not be impaneled until October, "an I couldn't rush this case before it even if I made my decision tomorrow." Grand jury to hear Sebastian case By DAVID DICKERSON TODAY Sic" Writer SEBASTIAN — The Indian River County grand jury will examine allegations of conflict of interest and miscon- duct among Sebastian city officials, the State Attorney's Office announced Wednesday. A decision to call for a grand jury inquiry into the probe follows almost a month of interviews with 19 city officials and residents subpoenaed by Assistant State Attorney John Power. Power declined to comment Wednesday on what specific evidence will be presented to the grand jury at its hearing scheduled for Oct. 12. He has issued 19 subpoenas since Aug. 27 in an attempt to gather facts surrounding the allegations that included. elected officials meeting in private, improper awards of city electrical contracts and wrongdoings in the construction and operation of the municipal golf course. Rep. Dale Patchett, R-Vero Beach, said at a Sebas- tian Exchange Club luncheon meeting on Wednesday that accusations about improper actions in the city government were brought to his attention in November 1981 by several residents. "Over a period of months, I learned there probably needed to be an investigation just to clear the air," Patchett said. "I referred it to the state ethics commis- sion, who referred it to the state attorney as the proper local agency to handle the investigation." Patchett said he felt the state attorney had issued the subpoenas too far in advance of the interviews and released too much information to the media about the inquiry. "I don't think it was handled quite rightly at all," Patchett said. He said the release of information by the State Attorney's Office, which was disseminated by the media, could make the public assume those subpoenaed were guilty — even though no evidence was released to support that. Patchett said calling a grand jury into the investiga- tion may be a good idea. "The best thing that can happen is that this thing can be completed and the public informed quickly to stop the rumor mill," he said. Frank Oberbeck, a Sebastian city councilman who was subpoenaed, said he didn't think convening a grand jury is necessary and that it probably will not find any wrongdoing of great magnitude. "Presenting it to a grand jury doesn't mean indict- ments will come out of it. Based on what I have seen and know of what has taken place, I don't see any reason to go to the grand jury. The mistakes brought to my attention (by Power) were the type made by everyone in everyday life," he said, not elaborating on specific questions asked by Power during his interview. Mayor Pat Flood, also called before Power, said he approved of a grand jury pursuing the questioning. "I say goad. Now I will be able to face my accusors and find out who has made these accusations." Another person subpoenaed, resident Ann Dewhurst, said she welcomed a grand jury investigation. "I think it will clear the air and get some of these allegations out in the open," she said. The remaining Il people Power subpoenaed and interviewed were: Artie Mayer, building director; Grego- ry Golien, zoning commission chairman; Sue Powell, former golf course employee; Billy Adams, plumber; Ray Ladd, golf pro at the city course; Houston Tripp, city construction board member; AI Payne, electrician; Libbie Reid, city clerk; Joe Lancaster, city finance director; Jir Cummins, former police chief; and Richard Szel, y former city councilm -. Flood_ Jams Subpoenaed Witness List By SANDY KING Mayor Pat Flood became Friday the 14th person to be subpoenaed by the state attorney's office in connection with an ongoing investigation into alleged conflicts of interest and violations of Florida's Government -in -the -Sunshine Law by Sebastian city officials. "I've been expecting it," Flood said cheerfully, tucking the witness subpoena into a breast pocket. "After seeing who else was on the witness list, I'm glad I'm going down there, too," he remarked. "I welcome this chance to have my say, to add what I can to the state attorney's in- vestigation." Flood is scheduled to appear before Assistant State Attorney John Power at 10 a.m. on Monday. "I've said ever since the first sub- poenas were issued on Aug. 27 that we have nothing to hide up here," the mayor declared. "I'll say it again: We have nothing to hide in Sebastian." Electrical contractor Al Payne, whose name was added to Power's witness list midway through the first 12 interviews, is slated to meet with Power at 1:30 p.m. Monday. Power said Friday calling Flood as one of the last witnesses in his information gathering endeavor afforded him "the benefit of everyone else's statements" in posing questions to the Sebastian mayor. Are more subpoenas expected to be issued by his office? "No, I really don't think so," Power stated. "I think that after this (interview with Flood), I'll have enough in- formation to make a decision on how to proceed with this thing." Power said the Sebastian investigation has a SO-SO chance of winding up in front of the grand jury expected to beim- paneled in October, but that the final decision on that would have to wait until after his talks with Flood and Payne. The assistant state attorney is ex- pected to announce that decision Wed- nesday. I K] BEACH i•Arn INDIAN RIVER COUNTY 13rd YEAR — NO.362 SEPTEMBER 30, 1982 36 PAGES, 4 SECTIONS 4ebastian I Fro - ft. 1 A��''d 3'up there (before the grand jury)" remarked Adams, a Sebastian plumber• ` Tripp, an electrical contractor and member of the Sebastian Construction Board, said, "All the stuff that has gone on around here lately has been an amazement to me. I really don't know what to say." Ladd, resident pro at the Sebastian Municipal Golf Course, was not so i reticent. "I'm just trying to run this golf course Iin an efficient and professional manner F and I hope all these outside distractions will not interfere with that." Power, who has handled the state attorney's investigat ion It 12 sin 2ce theirs, could not subpoenas were issued Aug.7 be reached Wednesday for comment. rend Jury To Investigate Sebastian Irregularities By SANDY KING of misconduct and conflicts of evied against Sebastian city Vill be investigated further by L River County grand jury. 1torney Robert E. Stone an- Nednesday his decision to turn c of an inquiry by his office into d administrative irregularities an over to the grand jury. ng to Stone, his office will u the grand jury "all matters its inquiry into allegations of rt and conflict of interest by Icials in the city of Sebastian. eti(,)n is in accordance," Stone kh the long-standing policy of attorney's office to present to the grand jury all matters relating to public officials or agencies." Stone said the evidence gathered by Assistant State Attorney John Power and other investigators during a week of interviews with 14 witnesses will be presented to the new grand jury ex-' pected to be impaneled on Oct.12. Wednesday's announcement by Stone came as no apparent surprise to those Sebastian officials and others involved -so far in the. state attorney's in- vestigation. "Good!" Mayor Pat Flood said of the pending grand jury inquiry. "Maybe now we'll find out who has made all these ac- cusations. I think that would make this whole thing worthwhile." Flood was the last of the 14 witnesses to be subpoenaed by Power. Among the first was Libbie Reid, city clerk;Joe La- ncaster, finance director; Greg Golien, chairman of Sebastian' planning and zoning board; Art Mayer, building of- ficial; Jim Cummins, police chief; and Frank. Oberbeck, Sebastian city coun- cilman. "We thought all along it (the in- vestigation)would go to the grand jury," Mrs. Reid observed Wednesday, in- dicating she had no qualms about facing a probe from that quarter. "I suppose it really should be cleared up," she remarked. "If the issue were dropped after we'd gone through all this; nobody would ever know what was what. "I think it's better we get it out in the open and settled once and for all. "It's a waste of taxpayers' money," Lancaste said of the continued ex- ploration of allegations in Sebastian by the grand jury. "I just hope it (the grand jury probe) will uncover the shadowy figures who are behind much of the disturbances here in this city," he concluded. "I'm glad they're taking it to the grand jury," Mayer exulted. "They (the state attorney) wouldn't tell us who the complainants were before, but now they'll have to. Maybe when they do that, we can find out what the problem is ... because. right now, we don't know." "I think it's a bunch of hogwash," Golien declared. "I haven't done anything wrong and I don't think anyone else has, either. "This has been a bad thing for the city of Sebastian," he observed, "and something I think was entirely un- necessary. I'll be glad when it's all over and everyone can get back to work." Cummins declined comment on the Wednesday development. Oberbeck could not be reached. Also among the 14 persons subpoenaed by the state attorney's office were Al Payne, Billy Adams, Huston Tripp, Ray Ladd Sue Powell, Ann Dewhurst and Richard Szeluga. Ms. Powell and Mrs. Dewhurst were also unavailable for comment Wed- nesday evening. Payne said he had no reaction or opinion about the state at- torney's decision. Szeluga declined to make a statement. "I sort of figured it was going to wind See Sebastian, Next Page Libbie Reid Joe Lancaster Sebast anima Q -.,934'- Investigation Continuing By SANDY KING A second day of questioning by the state attorney's office has brought Sebastian city government one step closer to an official grand jury in- vestigation. Assistant State Attorney John Power spent most of Wednesday morning in- terviewing Art Mayer, Sebastian building official; Greg Golien, real estate agent and chairman of Sebastian's planning and zoning board; and Huston Tripp, an electrical con- tractor and member of the Sebastian Construction Board. The trio brought to nine the number of witnesses questioned so far in regard to alleged conflicts of interest and violations of the Sunshine Law per- petrated by Sebastian city officials. "I think there's a distinct possibility this will go to the grand jury," Power said Wednesday. He also added, "At this point, I don't particularly anticipate any criminal indictments coming out of this." If the matter is turned over to the grand jury, Power explained, it will be up to the members of that panel to determine if there have, in fact, been instances of political misconduct within Sebastian's administrative ranks. "The grand jury's primary purpose will be to make a public statement as to the findings of their investigation," Power remarked. "The grand jury can recommend steps be taken, but it bas no legal authority to carry out those recommendations." The two broad areas of investigation currently being explored by Power in- volve conflicts of interest — "certain members of city government having interests in local businesses they haven't revealed ... and those firms doing work for the city" — and violation of the provisions of Florida's Government -in - the -Sunshine. act — "two or more city officials getting together to discuss city business without posting the proper public notice." Power said the specific topics discussed with Mayer, Golien and Tripp Wednesday included the opening of the W.A. Martin Subdivision alleyway behind a strip of commercial properties east of U.S. 1; the Sebastian Municipal Golf Course and electrical work done there; and the improper testing and licensing of plumbing contractor Billy Adams. What happened at the Wednesday morning interview? "Absolutely nothing," Tripp reported that afternoon. "They asked me a couple of questions about the construction board thing (that panel reviewed the Adams licensing matter) and that was about it." Mayer declined comment, except to say, "I had no problem with anything they asked me. I was questioned on a variety of subjects. "I would really hate to say any more at this time," the building official added. Golien was out of town Wednesday afternoon and unavailable for comment. Of the 12 names on the subpoena list issued by Power's office Aug. 27, only three remain to be interviewed today: Ann DewhUrst, Sue Powell and City Councilman Frank Oberbeck. A 13th name — that of Al Payne — was added to the subpoena roster following Tuesday's interviews with Joe Ian - caster, Ray Ladd, Libbie Reid, Richard Szeluga, Billy Adams and Jim Cummins. 1 9-�a�a 77y 4 otfic�alls questioned in probe �* By DAVID DICKERSON f TODAV Wa Writer is SEBASTIAN — The Indian. GI' River County State Attorney's Office interviewed four Sebastian city officials Tuesday in an at- tempt to unravel facts concern- ing alledged Sunshine Law violations and other governmen- tal improprieties. - Assistant State Attorney John Power interviewed Ray . Ladd, golf pro at Sebastian Mu- nicipal Golf Course; Joe Lancas- '. ter, city finance clerk; Elizabeth Reid, city clerk; and Jim Cum- mins, city police chief. In addi- tion, Billy Adams, a local plumber, was questioned con- !' ceming the plumbers' license he received from the city. The witnesses refused to comment on the interviews. Power said he plans to con- duct at least six more interviews today and Thursday. The inter- views follow up 13subpoenas sent to city residents and officials . Aug. 77. The subpoenas were the type listing "John Doe" as the complainant and do not indicate to the witnesses why they are being called. Power said two or more public officials might have con- ducted a meeting involving public business without proper notice. While he said he could not go into specifics, Power said his questions centered around the awarding of city contracts for electrical work and construction of fences at the municipal golf course and possible conflicts of interest among city officials. Power said there are allega- tions that a city official with a real estate license promised a restaurant owner the city would grant him permission to pave an alley behind the restaurant if the man agreed to buy some prop- erty from the city official. "I have collected some use- ful information, but it is impossi- ble to tell if I will call for a grand jury until the interviews are j over. It is like trying to fit a jigsaw pw"?le together," 1_lp said. Granc! Jury mil ay z Probe Sebastian's Government By SANDY KING And KAREN E. DAVIS A "fact-finding mission" launched Tuesday into alleged irregularities in Sebastian government could wind up as a full-scale grand jury investigation. Subpoenas were issued Aug. 27 by the State Attorney's office to 12 Sebastian city officials and residents wanted for additional questioning by investigators from that office. Following his questioning Tuesday morning of six of the 12, Assistant State Attorney John Power said, "This may have the potential for a grand jury in- vestigation." At its present stage, however, the probe into alleged conflicts of interest and violations of government in the sunshine rules by Sebastian officials is purely a "fact-finding mission," Power remarked. "I feel like I made some progress on the allegations," Power observed following his talks with Ray Ladd, pro at the Sebastian Municipal Golf Course; Joe Lancaster, city finance director; Ubbie Reid, city clerk; Billy Adams, plumbing contractor; Jim Cummins, police chief; and Richard Szeluga, former city councilman. "If I feel that enough of any of the allegations are sufficiently substantiated by the facts I elicit from these wit- nesses," Power continued, "I will take it to the grand jury." Szeluga and Cummins both declined Tuesday to discuss their interviews with the State Attorney's office, although their silence is not mandated by law. Mrs. Reid was unavailable for comment. Lancaster would say little, only ob- serving, "The questioning took a little different tact than I had anticipated. "The basic subject matter was what I expected," he noted, "but the outcome — where it led — was not." Ladd said he was quizzed about "very smallmatters." "It didn't amount to anything," stated the Sebastian golf course pro. According to Adams, his turn with Power constituted a rehashing of in- formation uncovered during July and August hearings conducted by the Sebastian Construction Board. The board's investigation dealt with the administration to Adams of an improper competency test by Building Official Art Mayer and the issuance of a master plumber's certificate on the basis of those test results. "It was just a repeat of what was in the minutes from the construction board meetings," Adams reported. "If I feel that enough of any of the allegations are sufficiently sub- stantiated by the facts I elicit from these wit- nesses, I will take it to the grand jury." John Power Mayer is slated to talk with Power today, as are electrician and con- struction board member Huston Tripp and Greg Golien, chairman of Sebastian's planning and zoning board. "I anticipate talking with Mayer for a substantial length of time," Power stated. "The other two — I don't know — maybe only a few minutes." Those on the original subpoena list and scheduled to meet with Power Thursday include Frank Oberbeck, contractor and Sebastian City Council member; Ann Dewhurst, civic figure; and Sue Powell, former employee of the Sebastian Municipal Golf Course. Power also revealed Tuesday the name of a 13th potential witness: Al Payne, owner -operator of Arrow Electric in Sebastian. "I will be talking with him, hopefully, this week," said Power. "I think he may have some information about possible conflicts of interest." Subpoenas delivered SEBASTIAN — A State Attorney's Office investigator began delivering 13 cubpoenas Friday to Sebastian city officials and residents who will testify as witnesses in an upcoming hearing. Investigator David Carter declined to comment on the nature of the hearing — scheduled for Sept. 21 and 22 —but he did say that certain allegations have been made and the State Attorney's Office is checking into the matter. The hearing will be conducted by Assistant State Attorney John Power. Carter said the subpoenas are the type that list "John Doe" as the complainant and do not to Sebastian officials Probe subject unknown indicate to the witnesses why they are being called or what the case is about. Not all of the subpoenas were served Friday, but at least two witnesses received theirs. "I got one. It's a witness subpoena is what it is," said City Councilman Frank Oberbeck. "As far as what it means or what it consists of, I don't know." Seven other city officials reportedly are among the � Y witnesses, including City Clerk Libby Reid, Police Chief Jim Cummins, Sebastian Municipal Golf Course pro Ray Ladd and building official Arthur Mayer. Sebastian resident Richard Szeluga also was served with a subpoena. Szeluga is a former city councilman and past president of the Sebastian Highlands Property Own- ers Association. "All I know is I had better be there then or I'll be found in contempt of court," he said. Carter said after Power holds the hearing next month, the evidence will be turned over to a grand jury for. examination if such action is warranted. The Miami Herald Saturday, August 28, 1982 Subpenas issued for state probe in Sebastian By PHIL LONG Indian River Bureau Chzei VERO BEACH — A dozen North County residents — most of them Sebastian city officials — have been subpenaed to appear at a state attorney's hearing probing the city's financial dealings and al- leged violations of the state's sunshine law and conflict of interest law. -- - _ "We are investigating various projects the City of Sebastian has been involved in including the golf course," assistant state attorney Power said the investigation in - John Power said Friday. dudes — butt not limited to — al - Sebastian mayor Pat Flood, who legations that city may was not among those subpenaed, atf's g have violated the slate's govern - said he "welcomes" an investiga- said law ment in the sunshine law, a law tion. that requires that the public's busi- ' Everything has been open an ness be conducted in public. above board as far as I know," Flood said, "and speaking for all Neither elected officials nor of appointed advisory our employes, I welcome the state members boards may discuss public business attorney or any of his people." that they may have to decide on ex Power said the state attorneys cept at properly advertised public office would look at the city's fi- nancial,records, but he declined to meetings. The sunshine law alleged viola - elaborate on any of the allegations tions took place during delibera- that sparked the month -long inves- tions over creating and paving an tigation that resulted in Friday's alley allowing patrons of a U.S.1 subpenas. restaurant easier access to the facil- Subpenas issues Friday went to: ity, Power said. Elizabeth Reid, city clerk; John Power would not identify the al - Quincy Billy Adams, a plumber le conflicts interest. who has worked on the golf course: s conflict of interest The c The Artie Maher, Sebastian Building Di- [Richard law states if essence that officials states i rector; Jim Cummins, police chief; who have financial interest e Szeluga, former city coun- e matter before the body they serve cil member; Frank Oberbeck, coun- must declare that interest and in cil member; Gregory Golien, chair- some cases abstain from action on man of the city's planning and zon- ing board; Ray Ladd, golf pro at the tt. Nor would Power elaborat on municipal golf course; Ann De- what aspects of the recently dedi- whurst and Sue Powell, Sebastian cated and highly controversial golf residents with no connection with course the investigation would cen- city government. Flood said he has learned there ter on. '' will be considerably more subpenas Power likewise declined to elabo- rate on the "financial matters" to or, "other people will be asked to be probed. testify without subpenas...." 12 Subpoenaed', In Investigation By SANDY KING And JENNIFER PARRAMORE Twelve subpoenas were issued by the State Attorney's office Friday as part of an investigation it is conducting in Sebastian. John Power, assistant state attorney, said at this point it is a general in- vestigation into Sebastian's government. "Allegations have been made by persons as yet unnamed pertaining to conflict of interest and government in the sunshine in Sebastian," Power said. "The purpose is just to talk to some of these people and see what they have to say. It is not, as of yet, a criminal in- vestigation. "Sometimes nothing happens; .sometimes it does. Them!s-no element of predictability involved in these things," Power said. Sebastian Mayor Pat Flood said late Friday that some of the areas reportedly being investigated by the State At- torney's office included the controversial opening of the Martin Subdivision alleyway east of U.S. 1, the awarding of a contract for fence construction at the Sebastian Municipal Golf Course and malfeasance on the part of an unknown city official. "I have no problem with what the State Attorney is doing," Flood remarked. "I have nothing to hide. I would welcome an investigation." City Attorney Dan Kilbride com- mented on the State Attorney's actions. "I'm rather surprised, to say the least, that in an investigation of this kind — Hhere no names have been released and io official charges have been made — that rumors and allegations like these are flying so freely. potential to do great harm to a number of persons' reputations," Kilbride ob- served. "The tendency, unfortunately, in a situation like this, is to point fingers in every direction," the attorney continued. Dale Patchett ... provided direction "The potential for damage is very great." The 12 subpoenaed thus far are scheduled for interviews between Sept. 21 and Sept. 23. State Rep. Dale Patchett, R-Vero Beach, said he provided "some folks" direction to the State Attorney's office. "My only involvement is some folks came to me with allegations as early as last November. I said it was a state at- torney's matter and we must turn to him if there is any proof," Patchett said. "They brought documents and verbal conversations, which were third -hand to me. They were wondering if it was an ethics violation. I thought it was in the realm of theStateAttorney's office," Patchett said. Power emphasized that the subpoenas were issued as part of a "state attorney's matter." They were not issued as part of a criminal case. Subpoenas were issued for: • Billy Adams: Sebastian plumber. • Jim Cummins; Sebastian police chief. • nn ADewhurst: civic figure. • Greg Gotten: chairman of Sebastian Planning and Zoning Board. • Ray Ladd: golf pro at Sebastian Municipal Golf Course. • Joe Lancaster: Sebastian finance director. *Art Mayer: Sebastian building in- spector. • Frank Oberbeck: building con- tractor and Sebastian City Council member. See Sebastian. Next Paee Pg. ,A ' a Sue Powell: former employee of the Sebastian Municipal Golf Course. • Elizabeth Reid: Sebastian city clerk. • Dick Szeluga: former Sebastian city council member and former president of the Sebastian Property Owners Association. • Huston Tripp: electrician and member of the Sebastian Construction Board. Power said it is possible others may be subpoenaed in the future. Sebastian Mayor Pat Flood was not issued a subpoena Friday. "Allegations have been made by persons as yet unnamed pertaining to conflict of interest and government in the sunshine in Sebastian." John Power "Somebody has gone to the state at- torney and Mr. Power has subpoenaed a number of city employees and in- dividuals. What it's all about at this point — I don't know," Flood said. Szeluga said Friday the receipt of the State Attorney's subpoena came as no surprise to him and was, in fact, something he'd been expecting. Asked if the subpoenas were the result of something he'd worked on with the State Attorney's office, the former councilman paused for several seconds before replying, "No comment." Szeluga declined furthei' comment, except to say, "I'm going to tell it to the grand jury." "Malfeasance in office is something someone mentioned," said Oberbeck. "It seems to me that a lot of people have lost their will to `live and let live' and there seems to be a vendetta of some kind. I guess these people aren't going to be satisfied until they've taken it as far as they can. "It's a shame people feel they have to go to these extremes," Oberbeck said. Lancaster said he had no idea what the subpoena is about. "We've tried to find out, but nobody's telling us anything," Lancaster said. Calls to the state Attorney General's office revealed nothing and the state attorney is not saying anything, he said. "We've got an idea that it has something to do with the golf course," said Vice Mayor Everett Gass. Tripp said he was summoned and would appear, but knew nothing about the investigation. "I assumed it revolved around what we just went through," Tripp said, referring to the building inspector's recent reprimand by the City Council for issuing a license to a plumber, Adams, based upon a verbal exam. Ladd and Golien said they were not told anything about the investigation and were surprised by their subpoenas. "This place is worse than Peyton Place," Ladd commented. obert Stone grand jury is secret Chairman Tom McPherson said he learned of Theberge's resignation: Wednesday morning and was surprised. See Director, Next Page New County Grand Jury To Investigate Sebastian By JENNIFER PARRAMORE A new Indian River County grand jury will be called Friday and one of its topics of investigation will be alleged misconduct and conflict of interest charges against several Sebastian city officials. State Attorney Robert Stone said it is the policy of his office to present to the grand jury all matters relating to possible misconduct of public officials or agencies. In accordance with that policy, all matters relating to the recent inquiry into allegations of misconduct and conflict of interest by elected officials in the city of Sebastian will be reviewed by the grand jury, Stone said. The jury to be picked Friday will begin a new six-month term. It's possible Friday will only be an organizational day, and no official business will ury or civil issues. Generally, in Indi River County, only capital c . . offenses are "Right now I don't know what arrangements we will make." From Pg. 1A Theberge declined to say whether th assistant city manager's position pay more than his current job. "Pay doesn' figure into this. It's the opportunity the I'm seeking," he commented. "An opportunity like this only knocks once. It's a chance to advance my career in public administration." Marcel Theberge The new position, which he said wa: recently created in Liberal, include: several administrative duties. Thebergi said he will be working with industria development, airport and aviation economic development and city ad ministration. "I've gained a lot of experience sine, I've been here, and it should help mi adjust to the new job easier," he said. ' ` have no regrets. I enjoyed working here I think this is one of the most efficien cities existing."