- TEXT: Transcripts of the (Sept. 25, 2007 and Feb. 17, 2009) closed meetings of Marco City Council regarding the anchoring case against Dave Dumas.
- TEXT: Transcript of the (June 15, 2009) closed meeting of Marco City Council regarding the anchoring case against Dave Dumas.
- TEXT: Transcript of the (Nov. 5, 2007) closed meeting of Marco City Council regarding the anchoring case against Dave Dumas.
- TEXT: Transcript of the (Sept. 4, 2007) closed meeting of Marco City Council regarding the anchoring case against Dave Dumas.
MARCO ISLAND — State Attorney's Office concludes Marco City Council did not violate Sunshine Laws, or open government laws, when holding closed meeting during the litigation against a resident that began about two years ago and ended this summer.
Assistant State Attorney Dean Plattner informed Marco resident Lee Oldershaw in a letter Monday that the Office of the State Attorney in the 20th Judicial Court did not find a violation of law in the five executive sessions held by Marco City Council from 2007 through June that were held while discussing the city’s strategy against Marco Island boater Dave Dumas.
Dumas was cited by Marco Island police in 2007 for purposefully anchoring his boat at the Esplanade to test the constitutionality of Marco’s anchoring regulations. It was concluded without question in the summer that Marco could not regulate anchoring of non-live aboard boats outside of mooring fields because it was unconstitutional.
The executive sessions were transcribed and not made public until this fall.
Oldershaw wrote a letter of complaint alleging a violation of the Sunshine Law relative to those sessions that were not open to the public at the time. There was not a specific action labeled as a violation of law in Oldershaw’s complaint, but Plattner said the state attorney reviewed all the transcripts and found nothing illegal.
He concluded: “the office has no authority to consider the substance of the policy decisions made by the Council.”