Investigation of purchasing card use by Brevard commissioners remains active: What we know

Dave Berman, Florida Today
Updated ·3 min read

Investigators continue to look into the use of purchasing cards by the five Brevard County Commission offices, according to Rachel Sadoff, the county's clerk of the Circuit Court and comptroller. But it's uncertain when the investigation will be completed or when the findings will be released.

Sadoff last fall asked the Florida Department of Law Enforcement to assist in the investigation, in part because that agency is an investigative body that has subpoena powers that her office doesn't. Sadoff said FDLE officials confirmed to her that the investigation is active, but that there is no timetable for its completion.

The FDLE's Office of Executive Investigations, which deals with matters involving public officials, is handling the investigation.

FDLE takes role: Sadoff: No audit results of Brevard Commissioners' p-card use as FDLE probes the issue too

The audit by Sadoff's office of purchasing card spending began in February 2022 ― at the request of the County Commission ― after questions were raised about some spending by the office of then-District 2 Commissioner Bryan Lober.

The audit included transactions for all commissioners and their staffs going back to November 2016 that were made with purchasing cards, which are similar to corporate credit cards.

Rachel Sadoff, Brevard County's clerk of the Circuit Court and comptroller, said an audit of purchasing card spending by County Commission officers that began in February 2022 remains active. But it is uncertain when the investigation will be completed or when the findings will be released, because of the involvement in the matter by the Florida Department of Law Enforcement.

"Until the FDLE completes its investigation. I cannot complete my audit," Sadoff said. "Once you hand something over, it's in law enforcement's hands. We're just in a hold pattern."

Attorney reimbursement approved: Brevard County approves funds for outside counsel in FDLE's Lober investigation

Sadoff said the public should not read anything into the length of time that has passed since the audit began or the fact that the FDLE is involved.

Some FDLE investigations, for example, have taken several years to complete.

In February, the Brevard County Commission approved funding that would allow county employees called in for questioning by the FDLE to get reimbursement for the cost of hiring a private attorney to be present at those interviews ― if they chose to take an attorney with them.

Brevard County Director of Communications Don Walker said no such reimbursement requests have been submitted.

It is possible, however, that such interviews of county employees were conducted by the FDLE without the employees bringing an attorney with them or without the employees asking for reimbursement for the cost of their attorney.

County commissioners have tightened up rules for the use of purchasing cards by their offices. In February 2022, they approved a policy under which:

  • Purchasing cards are used primarily for day-to-day expenses for commission offices and for the purchase of items necessary to operate the commission offices.

  • Purchases in which a third party is the recipient are prohibited. The term third party means anyone not an employee of the County Commission office.

  • Purchasing cards cannot be used for the expenses that provide a personal benefit to the commissioner.

Commissioners also now are required to publicly report their offices' purchasing card use each month, through documents that are part of the County Commission agenda packages.

A separate policy commissioners approved in March 2022 requires tracking by the county's asset management department of computers, furniture and equipment costing $100 or more used in commission offices.

The audit of purchasing card spending was triggered by an anonymous email sent on Feb. 15, 2022, to commissioners, other county officials and the news media that detailed Lober's spending on various office equipment and technology items.

Lober insisted at the time that he violated no laws, and followed County Commission rules on spending and purchases.

Lober resigned from the County Commission, effective April 1, 2022, citing a death in his family.

Dave Berman is business editor at FLORIDA TODAY. Contact Berman at dberman@floridatoday.com, on X at @bydaveberman and on Facebook at www.facebook.com/dave.berman.54

This article originally appeared on Florida Today: Brevard purchasing card audit remains active 20 months after it began