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Highlands Today

Does Arrest Affect Andrews' City Council Seat?

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By JOE SEELIG

Highlands Today

Published: November 26, 2008

SEBRING - Gov. Charlie Crist's legal department is reviewing whether to suspend or remove Sebring City Councilman Dan Andrews from office following his arrest on three felony charges, according to a Sterling Ivey, spokesman for Crist, in Tallahassee.

Andrews was arrested Monday afternoon on charges stemming from his position as executive director of the Greater Sebring Chamber of Commerce.

"Typically, the normal proceeding would be when someone is charged with a felony charge such as grand theft or fraud, the governor's office is notified and the governor would suspend the person from his elected office," Ivey said Tuesday.

"And typically we learn of this through law enforcement such as the Florida Department of Law Enforcement," said Ivey. "It didn't move through normal law enforcement channels (so the governor's office wasn't aware of it)."

The fact that the felony charges had nothing to do with his city council position does not matter as far as a suspension would go.

"That's not a factor whatsoever," he said. "The governor's office is reviewing the council member's arrest and is deciding what steps to take next. A decision will probably be made within the next week."

Just the fact that a public official is charged with a felony is a serious matter, he said.

Andrews was free Tuesday on $3,000 bond after his arrest on warrants on third-degree felony charges of grand theft, scheming to defraud and embezzlement by making false entries on the books of a corporation."

What happens next is anyone's guess.

Ivey said Andrews could face suspension, in which case if he is exonerated, he could return to office, he could face removal, or he could resign, thus opening up the position.

When asked if Andrews had called or contacted her or tendered his resignation, City Clerk Kathy Haley said late Tuesday she has not heard from him since the arrest.

Haley said in her 18 years in city government, she couldn't recall any other incident when a sitting city councilman was subject to arrest.

"We support our councilman and he's innocent until proven guilty in a court of law," said Haley earlier in the day.

Yes, that is a given, but what happens next?

"Actually nothing happens (as far as the city administration is concerned)," Haley said. "Because he's an elected official, (Gov. Charlie Crist) has complete authority on that."

Haley said she wasn't sure what the protocol is in this situation.

"(The governor) can take action when charges are filed," she said.

So, what would happen if the governor removed Andrews from the council?

"Council has the authority to appoint a qualified person until the next council election in March of 2010," Haley said.

The council also has a recall process in the books to have someone removed, which has to be put on a ballot, she said. Haley wasn't sure if it covered this kind of situation.
Sebring Mayor George Hensley was not available Tuesday for comment.
City Councilman John Griffin said he was sorry to hear Andrews was charged and reiterated Haley's statement about Andrews being innocent until proven guilty in a court of law.

"I hope he's found innocent because he's a nice guy," said Griffin, adding he's known the family for years.

Council President Bud Whitlock was not available Tuesday for comment.

The arrest warrant was issued by the state attorney's office on Nov. 21, according to the report.

Highlands Today reporter Joe Seelig can be reached at 863-386-5834 or jseelig@highlandstoday.com .

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