One of two name-clearing hearings opened to public

Former Building Official William Overstreet does not want his hearing behind closed doors because he wants the public to hear his side of the story, attorney David Bryant said.

"The public has a right to know," Bryant said. "If (the city) is confident in what its position is, they would want the public to know about it. We're certainly confident in our position and we want the public to hear it."

But former Deputy Building Official Alfred Hogrefe has requested that his hearing remain closed, attorney Eric Vasquez said, because Hogrefe wants "to present his case in a cool, calm, organized fashion."

Labor attorney Jon Fishbane had advised City Manager Bob Lee to hold both name-clearing hearings behind closed doors because the hearings will involve employee matters between former employees and the city manager.

Had city officials not agreed to open Overstreet's hearing, Baker & Hostetler, legal counsel for the Daily News, was ready to file papers in federal court in Fort Myers for a temporary restraining order preventing the city from excluding the public.

The Daily News did not intend to seek court action to open Hogrefe's hearing because he requested a closed hearing and there wasn't any legal precedent for the Daily News to rely upon, Mark Bailen, an attorney from the firm, said.

The hearings do not fall under the state Sunshine Law because it is only a fact hearing and does not involve a decision-making body, but Bailen said the hearings should be open to the public because it involves the operation of a city agency.

"This is an issue about public controversy in Naples," Bailen said. "Secret hearings lead to allegations of cover-up and Sunshine is the best disinfectant. If there is a problem here, we should be letting the light in on it."

Daily News Editor Phil Lewis is happy that the public will have access to one of the hearings, but said both should be open to the public because the issues involve serious matters about public policy and an important public function -- the construction and inspection of buildings.

"If there's some wrongdoing alleged and evidence that the allegations are false, the public has every right to know what those are," Lewis said. "Unfortunately, federal law isn't clear on whether they should be open or not."

The hearings planned for the two men will give them an opportunity to refute allegations of their involvement in a building department scandal that led to both of their suspensions.

Both resigned shortly after their suspensions, which Lee ordered immediately after learning both men face many accusations including accepting fishing trips offered by Boran Craig Barber Engel Construction Co. Inc. during company time, giving themselves up to $1,000 discounts for permits when working on their homes, which are both in the city, and allowing inspectors to review things that they are not licensed to inspect.

Fishbane said both name-clearing hearings will be audiotaped and that the tapes and transcripts will be available to the public.

The hearings -- Overstreet's on Wednesday and Hogrefe's on Thursday -- are both scheduled for 4 p.m. on the second floor of City Hall. Lee and Fishbane are expected to attend both meetings. The attorneys for Overstreet and Hogrefe are allowed to bring witnesses, but Fishbane does not know if that is planned.

Overstreet, 64, served as building official since 1994 and collected $80,000 a year. Hogrefe, 64, received an annual salary of $56,000 and served as deputy building official since 1995.

Lee had first offered the two men pre-termination hearings, but those were canceled after the city received their resignation letters.

Lee, who will not comment as to whether the administrative charges will become criminal charges, said he offered the name-clearing hearings to Overstreet and Hogrefe because he wanted to give them an opportunity to clear their names.