$$$ Mike lost

FEC to investigate allegations of campaign violations by sheriff
By Nicholas P. Alajakis
12:18 a.m., Friday, August 18, 2006


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Nearly two years after Mike Scott was elected Lee County sheriff, the Florida Elections Commission has agreed to move forward in investigating possible violations in his campaign.

A seven-member panel voted Thursday to proceed to the fact-finding phase on five of eight violations brought against Scott, said Scott’s attorney, Louis St. Laurent. The other three reported violations were dismissed.

Scott and St. Laurent had a 45-minute hearing Thursday in Tallahassee during which election commissioners grilled the two about campaign spending and financial reporting from Scott’s successful 2004 campaign to unseat Rod Shoap as sheriff, St. Laurent said.

Afterward, commissioners voted 5-2 to continue investigating five charges that Scott misreported campaign funds. Potential violations included writing off a $100 tip he gave to a guitar player at a fundraiser and incorrectly reporting money he was repaid by a local radio station after a campaign ad was not aired because of Hurricane Charley, Scott said. In all, the violations cover about $500 of his $233,000 campaign for the office.

Information on Scott’s hearing won’t be made available to the public until the commission has determined whether there is enough probable cause to determine Scott violated election laws, said Patsy Rushing, commission clerk for the Florida Elections Commission.

Scott could be fined up to $200 if he’s found to have knowingly violated election laws, St. Laurent said.

Former 26-year Sheriff’s Office employee Michael Maschmeier filed the complaint with the elections office. Maschmeier, a former sergeant, was fired in January after an internal investigation concluded he had downloaded a computer program that could be used to delete files from his work computer.

Scott said he thinks Maschmeier’s firing fueled the complaint.

“Obviously there were some bad feelings there,” Scott said. “I worked to deal with the (allegations) and meet it head on.”

Most of the questionable reporting was found during an election’s commission’s audit that was initiated by Maschmeier’s complaint.

Scott said the errors in paperwork were human error on his end but were not done on purpose, noting it was his first run at public office.

“I did everything myself,” Scott said. “Yes, I made mistakes, but they were not willful or deceitful. And they were not reckless.”

The next step for Scott is a hearing with a local administrative judge, where both sides will present witnesses to determine Scott’s intent during the campaign.

The hearing likely will be held in the next month or two, St. Laurent said

Ousted officer files suit against sheriff
By Kristen Zambo
12:22 a.m., Friday, August 25, 2006


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A former Lee County sheriff’s sergeant fired for downloading deleting software onto his computer has filed a federal lawsuit against his former boss, accusing the county’s top cop of violating his free speech rights and retaliating against him for supporting a political rival.

Michael Maschmeier, who had worked for the department for 26 years before being fired in January, said in the suit that, in August 2004, while he was off-duty, he gave money to then-Sheriff Rod Shoap’s re-election campaign, went to political rallies for Shoap and held political signs touting Shoap for sheriff at major intersections. For this he was transferred to undesirable shifts and later fired, Maschmeier said in his suit, filed in U.S. District Court in Fort Myers.

“(Maschmeier’s) actions in supporting the candidacy of Rod Shoap for election to the position of sheriff ... were substantial motivating factors in the sheriff’s decision to terminate (Maschmeier’s) employment,” according to the lawsuit.

The Maschmeiers declined comment Thursday.

A message was left for Sheriff Mike Scott, but he was unavailable for comment Thursday.

A message was left for Barry Hillmyer, the Sheriff’s Office legal department director, but he was unavailable for comment Thursday.

Maschmeier is seeking an unspecified amount in back pay, lost fringe benefits, other damages and reinstatement to his former position or a similar position. If he can’t obtain that job, Maschmeier is asking a judge to award him front pay, the suit said.

Maschmeier most recently worked as a desk sergeant on the night shift at the office’s headquarters on Six Mile Cypress Parkway. He previously had worked in the DARE unit and as a public information officer.

A message was left for Maschmeier’s attorney, Robert McKee, but he was unavailable for comment Thursday.

Maschmeier was fired Jan. 19 after an internal affairs investigation concluded he downloaded a computer program that could be used to delete files from his work computer.

The investigation also concluded that Maschmeier used work equipment to file public records requests related to Scott and Chief Charles Ferrante. It is against office policy to complete these requests on work equipment during work hours, Scott told the Daily News in January. Maschmeier’s history of questioning authority didn’t factor into his dismissal, Scott said at that time.

According to Internal Affairs records, Maschmeier was on probation for what was termed a lapse in job knowledge after he treated what should have been a kidnapping case as a domestic battery case. This incident was in July 2005. Because he did not handle the case as a felony, insufficient manpower was assigned to it, according to the records.

For that incident he was suspended for two days and placed on six months’ probation. But according to a lawsuit Maschmeier filed against Scott in November 2005 in Lee County Circuit Court, he was docked two days of vacation pay. He was docked pay instead of having to miss work, but his record still shows the suspension as his recorded punishment, he said in his state court lawsuit.

Maschmeier also recently filed the complaint against Scott with the state’s elections department.

What do you mean Mike lost? What? Did he get fined?