During Tuesday's marathon meeting that lasted past midnight, the Marco Island City Council decided not to hire an attorney to render an opinion on whether the city violated the Government in the Sunshine Law during 2005 and 2006.

A group of Marco Island residents, headed by "Butch" Neylon, have claimed city officials and staff violated the law during the last two years by using numerous e-mails to discuss projects outside of public meetings.

The citizens suspect that former council members John Arceri and Vickie Kelber, Marco Island City Manager Bill Moss and Public Works Director Rony Joel, along with some of the current councilors, may have violated the law.

City officials and Rich Yovanovich, the city attorney, have denied the allegations.

No rulings regarding any specific violations have been made.

Only a court of law can determine whether or not violations have taken place.

Neylon filed two public records requests with the city for e-mails sent between councilors and/or city staff during 2005 and 2006. Neylon said he has received about 9,000 e-mails from Marco Island City Clerk Laura Litzan.

About six citizens spent several days reviewing the e-mails for possible violations.

Neylon and resident Ray Beaufort have sent more than 6,000 printed pages containing approximately 9,000 e-mails to Richard Montecalvo, Naples office head of the State Attorney's Office. Neylon called Steve Russell, State Attorney for the 20th Judicial Circuit in Fort Myers, to make him aware of the allegations.

Neylon added that Montecalvo replied that he would confer with Russell about the allegations.

Council members discussed the allegations during Tuesday's meeting.

Moss had contacted the Florida League of Cities and requested names of people who may be qualified to review the allegations in case the council may want an outside opinion.

Moss said the league recommended an attorney in Tallahassee who charges $225 an hour.

Councilor Rob Popoff said that he, along with many citizens, would like to know if the law was violated. He added that, if the State Attorney's Office already has the e- mails, it would be "foolish" for the council to spend $225 an hour to find out if any violations occurred.

Popoff and Council Chairwoman Terri DiSciullo noted that a violation of the Government in Sunshine Law is a serious charge. Yovanovich added that, even though a violation of the law is a misdemeanor, it still is a criminal offense.

DiSciullo said that anyone can allege that a law was broken, but that doesn't mean that a violation occurred.

Moss said the state attorney would assign a criminal investigator if the state attorney took on the case.

"The investigator will look through the 9,000 e-mails that we have provided to the citizens and determine whether or not there is any violations," Moss said.

He added that if the state attorney believes that the law was broken, he would take the case to a grand jury. If the jury sends the case to a court, anyone indicted would be able to hire their own attorney to defend themselves.

Moss said that, if a court determines that a councilor violated the law, the official would no longer be able to hold office.

"I call that serious," Moss added.

DiSciullo agreed with Popoff not to hire an attorney. Popoff suggested that he and the other councilors should refresh their understanding of the law by taking a seminar presented by an expert.

DiSciullo directed Moss to arrange a workshop with councilors and someone knowledgeable about the issue.

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