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Highlands Today

Colby Sues Over Records Requests

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By JIM KONKOLY

Highlands Today

Published: January 8, 2009

SEBRING - An allegation of misconduct by a Highlands County commissioner is included in a lawsuit filed by Preston Colby this week charging that county officials did not fully comply with his public records requests.

Claiming violation of the state Sunshine Law, Colby's lawsuit asks the Circuit Court of the Tenth Judicial District to order the county to turn over all records on three issues.

One issue, a proposed rezoning of 14 acres from agriculture to residential on Sparta Road in mid-2005, contains an allegation that Commissioner Guy Maxcy improperly intervened.

Maxcy, re-elected in November to his fifth consecutive four-year term, denied the allegation and called it "ridiculous."

According to the lawsuit, the county Planning and Zoning Department "produced a Planning and Zoning Report favorable to this rezoning request" in June or July 2005.

But, the lawsuit claims, Jim Polatty, county director of development services, "held a meeting with County Commissioner Guy Maxcy, and (then) County Administrator Carl E. Cool during which Commissioner Maxcy unlawfully influenced JP (Polatty) to 'change' the staff report to deny the rezoning change."

"Absolutely, I have never, ever done that, never have and never will," Maxcy said. "I have never consulted with anybody with the county to get something changed."
Maxcy also said he never met with Polatty or Cool about this rezoning issue.

"I didn't have any personal meetings with anybody on that issue," he said.

At the Planning and Zoning Commission hearing on the rezoning, Maxcy said, he spoke against it on behalf of himself, his brother and neighbors because he believed it would put too much density in the area.

But, Maxcy said, because this rezoning affected him personally, he made sure he did not in any way try to influence the county staff's review of it.

"To use my office to do that as a county commissioner," he said about the allegation, "it is totally ridiculous."
Colby said facts surrounding this rezoning will come out through the lawsuit.

"That's what we have discovery for," he said. "Whatever happened will come out in discovery from witness testimony."

In the public records lawsuit, Colby claimed the county file should have two recommendations, one for this rezoning and one against it, but the filed contained only the negative recommendation.

The lawsuit asks for a court order "requiring defendants to return the favorable recommendation staff report to the Planning and Zoning file for hearing number 1807."

Colby's second complaint in the lawsuit involves communications between county Administrator Michael Wright and the Central Florida Regional Planning Council in late December about the agency possibly helping the county answer state objections to pending comprehensive plan amendments.

Wright turned over two e-mails, the lawsuit says, but Colby "has reason to believe and does believe that defendant Michael James Wright has additional e-mail communications, within the scope of the plaintiff's public records request, that have not been made available."

According to the lawsuit, Wright said in an e-mail to Colby that he made notes during a Dec. 29 meeting at the regional planning council's office in Bartow, but was not releasing them because they were for his personal use only and are exempt from public records requests.

Wright said his stance on the notes is backed up by an appellate court decision in an e-mail to Colby from Michelle Drake, a county administrative assistant, according to the lawsuit.
Colby claims in the lawsuit that "the only authorized exemptions (to public records requests) are those created by the legislature, and that no such statutory exemption has been cited or exists for such public records."

Wright said he had no comment on the suit, adding that "I never talk about litigation." He referred questions to county Attorney Ross Macbeth.

Macbeth also said he had no comment on the lawsuit.

"I typically don't comment on matters in litigation," he said.

Colby's third complaint stems from the Dec. 23 county commission meeting, when he protested not being able to ask follow-up questions during a public hearing after he had used his allotted five minutes to speak.

Barbara Stewart, chairman of the county commission, set the rules at the Nov. 25 meeting for public comment, limiting speakers to four minutes on agenda items and five minutes on public hearings, with no follow-up questions after their time is up.

While there are no written rules on citizen comment, Colby's suit seeks notes that Stewart used when she explained the rules she was setting on Nov. 25.

In addition to release of documents, Colby's lawsuit also asks for reimbursement for his legal costs.

Highlands Today reporter Jim Konkoly can be reached at 863-386-5855 or e-mail jkonkoly@highlandstoday.com

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