State attorney declines to pursue open meetings charges against 3 Deltona commissioners

The State Attorney's Office has declined to pursue charges against three Deltona city commissioners who the mayor said were discussing city business in secret, thus violating Florida's Sunshine Law.

Mayor Santiago Avila Jr. complained to prosecutors that the commissioners were privately interviewing a potential city manager candidate at the home of Deltona City Commissioner Jody Lee Storozuk, one of the three, according to a Sept. 6 memo signed by Jeanne Stratis, assistant state attorney.

Avila's allegation was that four commissioners were part of the meeting: Storozuk, Stephen Colwell, Dana McCool and Thomas Burbank. However, Burbank denied being present and the others told prosecutors Burbank wasn't there.

Additionally, prosecutors determined another allegation made by Avila, that Burbank's emails showed proof of private meetings in violation of the Sunshine Law, was not pursued by the State Attorney's Office either.

"Commissioners McCool, (Storozuk) and Colwell all admitted they were at (Storozuk's) home when a candidate for city manager was present; however, they all denied discussing city business during this time," the memo states.

The memo does not give a date for the gathering at Storozuk's home. Avila made his complaint on May 11.

The candidate, David Lynch, refused to be interviewed by prosecutors, the memo states.

Stratis' memo states: "After thoroughly reviewing all of the evidence presented and obtained during the investigation, there is evidence of Commissioners McCool, (Storozuk) and Colwell being present at (Storozuk's) home with David Lynch. No evidence has been developed to prove the substance of or actual conversations that would constitute a criminal violation."

Florida's Sunshine Law states any member of a municipal board or commission who knowingly attends a meeting not open and noticed to the public is guilty of a second-degree misdemeanor. City commissioners can gather for social occasions and aren't barred from talking to one another privately, but they must not discuss city business, such as consideration of a city manager candidate.

Commissioner 'was not OK with the gathering'

Interviewed Wednesday, McCool told The News-Journal: "I walked into the meeting, or I walked into the space, and recognized within five minutes of being there that I was not OK with the gathering, and politely excused myself within 10 minutes of being there."

Storozuk said Wednesday he didn’t believe he was breaking any rules by hosting the event.

“Everybody around here knows that Steve Colwell is my best friend and we go on vacations together, but that doesn’t mean we meet and talk about city business,” Storozuk said.

Colwell said simply: “Nothing happened. There was no basis for this complaint.”

McCool, Storozuk and Colwell all agreed they carry no grudges against the complainant, Avila − who did not return a call seeking comment Wednesday.

"I think that the commissioners have matured in their roles and as far as this city manager search goes, we all agreed by consensus that no one wants to meet privately outside with potential city managers," McCool said. "We are taking things as a learning experience and we are improving on our processes when it comes to that."

At its meeting Monday, the commission discussed "solidifying the process" of hiring a manager so there is "cohesiveness" when it comes time to make decisions, McCool said.

Deltona has had no permanent manager in 3½ years

Jim Chisholm served as Deltona's interim city manager from October 2022 until August, when he resigned and was replaced by Glenn Whitcomb.

Mark Lane: Deltona burns through yet another manager

Whitcomb is the fourth acting city manager since Jane Shang resigned in January 2020.

It was unclear when Lynch became a candidate for city manager.

The city acknowledged receiving a public-records request made by The News-Journal Wednesday for Lynch's application and resume but had not yet responded.

Earlier this month, the City Commission appointed 14 citizens to a panel to assist in the search for a permanent manager.

Hiring of 3rd interim city manager: Deltona commission picks former Daytona Beach manager Chisholm as city's interim manager

This article originally appeared on The Daytona Beach News-Journal: Deltona mayor alleges Sunshine Law violations by 3 city commissioners