Sunshine and shade: Matlow reports 'crime' to FDLE; Dailey says he's 'making this up'

After two days of silence, Tallahassee Mayor John Dailey asserted during an extraordinary Blueprint meeting Thursday that he did not violate the Sunshine Law as alleged by his colleague, City Commissioner Jeremy Matlow.

Matlow, meanwhile, emailed Sheriff Walt McNeil and Florida Department of Law Enforcement Commissioner Mark Glass on Tuesday to report a possible "crime" involving Dailey and City Commissioner Curtis Richardson.

Echoing an account he had already posted on X, formerly Twitter, Matlow wrote that earlier in the day as he was walking to his office, he overheard Dailey discussing “pending Blueprint business” involving SoMo Walls and its developer, Bugra Demirel. Matlow noted that the Blueprint board was scheduled to take up a request for $1.8 million in Blueprint funding for SoMo Walls and that he heard Dailey reference Demirel and the Office of Economic Vitality.

“I heard Mayor Dailey state the following, ‘Bugra is under an NDA with OEV. His documents were marked confidential. Someone messed up,” Matlow wrote.

He wrote that as he rounded the corner, he saw Dailey “inside the doorway” of Richardson’s office. Richardson was at his desk and his aide was seated inside, he said. He said Mayor Dailey “became silent” after noting Matlow’s presence.

“In a bit of shock to what I just witnessed, I felt compelled to document the statements and immediately posted what happened on Twitter as well as sending an internal memo to myself via city email,” Matlow said.

Attorney shuts Matlow down as Dailey denies an violation

Matlow brought the matter up Thursday as city and county commissioners who make up the Blueprint Intergovernmental Agency were debating the SoMo Walls money. But Blueprint attorney Susan Dawson shut him down almost immediately.

“Excuse me madam chair,” Dawson said, interrupting Matlow as he began to describe what he witnessed. “I don’t think this comment by the director is proper. Certainly Commissioner Richardson is not here to defend himself. Mayor Dailey is here. But we’re on an item.”

Matlow explained that he wanted to make sure “our vote is proper” after what he saw, but he agreed to “cease comments.” Richardson wasn’t in chambers at the time, though he participated in the SoMo Walls vote and discussion virtually.

Dailey, finally responding to the allegation, said Matlow didn’t see what actually happened because the commissioner was around the corner and “not with us.”

“Let me be very clear, because I have been quiet, and I do not respond to Twitter,” Dailey said. “That’s always been my official policy. There are no Sunshine violations. None. None.”

Dailey points to 'unhealthy obsession' by Matlow

Dailey, who had declined to talk with reporters about the matter, agreed to an interview after the issue was publicly aired at the Blueprint meeting. Speaking to the Democrat late Thursday, he blasted Matlow and said he had accused nearly half of the Blueprint board of having a conflict of interest on SoMo Walls.

“Mr. Matlow is making this up,” Dailey said. “It was a political hack that was on full display right there in the commission chambers. I mean, he has this unhealthy obsession with me, with Dianne (Williams-Cox) and with Curtis. And he’s starting to unravel.”

Under Florida’s Sunshine Law, two or more members of the same board are barred from discussing business outside of a publicly noticed meeting. Unintentional violations are mere infractions, with fines up to $500, but willful violations are a second-degree misdemeanor, punishable by fines and up to 60 days in jail.

Barbara Petersen, executive director of the Florida Center for Government Accountability, said the Sunshine Law is designed to prevent public officials from making decisions or lining up votes behind closed doors.

“We are supposed to know everything about their decision, everything behind it and what went into it,” said Petersen, a noted Sunshine Law expert.

Furthermore, public votes on a matter in which the Sunshine Law was violated can become void and require a “cure” meeting in which the parties involved fully disclose what was discussed. Only a court can determine whether an intentional Sunshine Law violation occurred.

The Leon County Sheriff’s Office confirmed Thursday it had received Matlow’s letter but said that FDLE would handle any inquiry. Ryan Ray, Matlow’s aide, said Thursday that an FDLE agent had already contacted the commissioner about his email.

Matlow says he witnessed a 'crime'; Dailey denies it saying Matlow 'lurking around corners'

Richardson didn’t return a phone call from the Democrat on Tuesday, after Matlow went public with his accusation, or on Friday. Richardson, who is traveling, didn’t mention it as he spoke about SoMo Walls virtually on Thursday.

Dailey, speaking with the Democrat, said he was never actually in Richardson’s office and that right before Matlow appeared, he had been meeting with Catherine Branch, his director of internal affairs. They were talking about confidential documents on SoMo Walls that had been inadvertently posted online with the Blueprint agenda.

“I was actually going to the restroom,” Dailey said. “And I’m walking down the hall and Catherine’s walking out. I turned around to her and I said, ‘We need to find out at 3 o’clock this afternoon whether or not there was a nondisclosure agreement that was signed when I have my Blueprint briefing. That is very important.”

Dailey said he stood in the doorway of Richardson’s office and exchanged routine pleasantries, something the Sunshine Law allows.

“Jeremy Matlow is nowhere to be found, unless he’s lurking around corners listening to conversations,” he said.

Asked whether any of his comments went into discussion about Blueprint, the mayor said, “No votes, no nothing, of course not, absolutely. There’s no violation of Sunshine.”

From the dais, Dailey said he learned last Friday about the release of confidential information, which he called a “mistake.” Keith Bowers, director of the Office of Economic Vitality, said there was no non-disclosure agreement between Blueprint and Demirel.

Matlow on Friday stood by his allegation.

“Three days ago, I witnessed John Dailey committing a crime,” Matlow said. “And I’ve taken it to the appropriate authorities.”

Glass, the FDLE commissioner, wrote Matlow on Thursday acknowledging his email.

"We have received your communication and we will be reviewing your concerns," Glass said. "(An) FDLE member will reach out to you for further information."

Contact Jeff Burlew at jburlew@tallahassee.com or 850-599-2180.

This article originally appeared on Tallahassee Democrat: SoMo Walls, distillery vote leads to allegation of Sunshine law 'crime'