State seizes Runcie’s phone after more testimony released in Broward schools’ case

The Florida Department of Law Enforcement seized former Broward County Schools Superintendent Robert Runcie’s work-issued cellphone late last month as part of its investigation into whether he lied to a grand jury, a crime for which he was charged in April.

A county judge granted the search warrant for the device on June 30 after reading an affidavit written by an FDLE agent that provides more detail into why the statewide grand jury, requested by Gov. Ron DeSantis in early 2019, indicted Runcie on a perjury charge on April 14.

Runcie has pleaded not guilty. He is scheduled to work for the district until August, but he is no longer superintendent.

FDLE agent says Runcie asked for help with grand jury testimony

Specifically, the agent wrote that former Broward School Board general counsel, Barbara Myrick, who was indicted on a charge of disclosing grand jury proceedings, told a cooperating witness about the grand jury proceedings on the night of March 31, the eve of Runcie’s second day of testimony. And, that witness told police Runcie asked her for help two days earlier understanding subject matter that ended up being the topic of prosecutors’ questioning.

Myrick entered a plea of “stands mute,” meaning the court enters a plea for her.

“According to the witness, Myrick stated, ‘I’m not supposed to tell you this, but Superintendent Runcie is testifying for the Grand Jury,’” Special Agent Christopher Vastine wrote in the affidavit, which was publicly released on Monday. “The witness stated that Myrick advised that she was assisting Runcie’s attorney prepare for Runcie’s testimony to the Statewide Grand Jury.”

The statement is significant because Runcie, 59, is accused of lying to the grand jury about whether he spoke to anyone before he testified on March 31 and April 1 about what he was expected to be asked. He told prosecutors under oath he had not, according to the indictment.

However, the cooperating witness told Vastine that Runcie called on March 29 to ask her about “piggyback” contracts. They are contracts that allow government entities to use another entity’s existing contract to make purchases.

They are also at the center of the case of another Broward schools official indicted by the statewide grand jury earlier this year, Tony Hunter.

The former head of the district’s technology department is accused of using a piggyback contract to buy $17 million of Recordex interactive flat screen computer monitors from a friend’s company in Georgia. The purchase was made without going through the bidding process, according to prosecutors. Hunter also ended up getting a job and purchased a home in Georgia at a significantly discounted price from that friend, prosecutors say.

Hunter, who was indicted in January, has also pleaded not guilty.

The witness told Vastine that on March 29, Runcie called her saying he needed help understanding piggyback contracts used by Broward County Public Schools.

“The witness advised that she explained to Runcie why the district used piggy-back contracts, how they are supposed to be used correctly, and what can and cannot be done,” Vastine wrote. “The witness added that she also explained to Runcie the reasons that the technology purchases made by Hunter were improper.”

The witness told the FDLE agent that the examples she provided Runcie about the types of proper piggyback contracts the district has used in the past were with companies like Bank of America for purchase cards and tool maker Grainger.

According to transcripts from Runcie’s April 1 grand jury testimony, prosecutors asked him what other types of business has the district conducted in the past using piggyback contracts. He immediately mentioned Bank of America and Grainger.

“Could be any contract. I mean, we have — some of them are large — let me think of one. So, I know we did one for bank, for — I think it’s Bank of America? But it was with our P card,” Runcie said, according to the transcript. “So we did one for that, because I think there is a statewide contract for that. Then, I know there’s a big one for Grainger because that was discussed once during a workshop, but that’s a national contract.”

Runcie denies speaking to anyone before testifying, transcripts say

Prosecutors asked Runcie if he had spoken to anyone prior to his testimony about piggyback contracts or Hunter’s case. According to the transcripts, Runcie denied doing so.

“No, I haven’t talked to anyone specifically about that,” the transcripts in the FDLE affidavit state.

Runcie’s attorneys, Jeremy Kroll and Johnny McCray, did not respond to an emailed request for comment regarding the recent court filings. Myrick’s attorney, J. David Bogenschutz, declined to comment.

Both Runcie and Myrick received large payouts from the School Board after agreeing to resign from their positions in May before their respective contracts were up. Runcie, who is scheduled to remain working for the district in an advisory role helping an interim superintendent transition to the job until August, received a severance package of $754,900.

The School Board is still searching for an interim superintendent.

Myrick, who no longer works for the district, received $226,000 in severance.

The Florida Supreme Court approved the grand jury at DeSantis’ request in February 2019, a year after, and in response to, the Marjory Stoneman Douglas High School mass shooting in Parkland that left 17 students and faculty members dead.

The grand jury was tasked with probing whether school districts committed fraud when they solicited and accepted millions of dollars from a state bond issue contingent on implementing safety measures required by the Legislature in the wake of the tragedy.