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Go To Ethics Panel, Hernandez Told

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By JO-ANN JOHNSTON, The Tampa Tribune

Published: September 7, 2007

DADE CITY - Camille Hernandez got an official answer Thursday to the letter she sent Gov. Charlie Crist on July 19, in which the city commissioner accused Mayor Hutch Brock and former City Manager Harold Sample of corruption and deceit.

Crist's office said Hernandez has to talk to somebody else.

In her letter, Hernandez asked that Crist either 'direct the Attorney General's office to investigate the following charges ... or direct me to the place where an investigation of the following charges can be heard.'

Things grew tense in this small town while residents awaited an answer from Tallahassee. Sample and Brock denied the charges, with Brock producing reams of city records rebutting Hernandez's claims. Then a group of prominent residents started a campaign to remove Hernandez from office.

Then came the formal response from Gerald B. Curington, deputy general counsel to Crist. Curington wrote that if Hernandez wants to file complaints 'concerning breach of public trust by public officers,' she needs to contact the Florida Commission on Ethics. He said nothing about referring her complaints to the state attorney general but did say he would have a lawyer from the state Department of Environmental Protection contact Hernandez concerning a question about local water-quality testing.

Hernandez issued a news release Thursday afternoon noting that she had received a response 'to my questions and guidance as requested' in her July 19 letter. She did not return a call seeking comment.

The response from Tallahassee isn't necessarily surprising. The statutes Hernandez cited in her letter direct complainants to the ethics commission.

Sample and Brock both said the legal opinion from Curington was what they expected.

The next move may be up to Hernandez. Her news release did not indicate whether she would file an ethics complaint.
Filing a complaint is a serious legal step for all involved. The law requires that anyone making charges to the commission legally swear that their statements are true and warns that people can be penalized for knowingly making false or malicious charges.

In this case, Brock already has produced evidence to rebut Hernandez's claims and provided copies to the city commission. At the commission's Aug. 28 meeting, Commissioner Steve Van Gorden asked commissioners, including Hernandez, whether anyone had information to rebut Brock's defense. No one offered any.

'There's nothing that can happen now,' Van Gorden said. 'I think it's a moot point. It was a whole lot of wasted time. She was chasing some things that just weren't there.'
Brock said he hopes the conflict can now be put in the past.

'We're moving on,' he said Thursday, noting that the commission has convened several times since Hernandez sent her letter and come to decisions on other matters.

However, the conflict within the commission has had repercussions.

Hernandez's critics have been collecting signatures on a recall petition, and the commission has been unable to attract a new city manager.

In the past week, Hernandez has started circulating a one-page flier touting her accomplishments since taking office in May 2006.

In the flier, styled as a letter to constituents, Hernandez says, 'I remain committed, excited, motivated, and enthusiastic to perform the best job as your Dade City Commissioner.'

The letter invites residents to e-mail or call Hernandez with comments or suggestions, although the number listed was out of order Thursday.

Curtis Beebe, who is heading the recall effort, said Thursday that his group plans to continue its efforts unless Hernandez changes course.

'It really depends on her actions,' he said.

Reporter Jo-Ann Johnston can be reached at (352) 521-3062 or jfjohnston@tampatrib.com.

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