Studer Community Institute

State Attorney finds no sunshine violation in Underhill complaint

December 31, 2014
/ Shannon Nickinson
/ government

State Attorney Bill Eddins announced today that his office completed its review of a complaint alleging that Escambia County Commissioner Doug Underhill violated the Florida Sunshine Law. "Based on this review, it has been determined that no violation has occurred," a news release reads. "Therefore, this office will take no further action." The complaint, filed by Perdido Key resident Jeffery Randolph Cudd, cites conversations Underhill had while he was a candidate for the commission seat he now holds to discuss discretionary spending that each commissioner has over a portion of tourist development tax. Underhill is pleased with the findings, but not surprised. He believes the claim was spurred by political sour grapes. "The end result is the same as the result at the beginning," said Underhill. "There was no actual evidence when Randy made that claim." According to county procedure, each commissioner may recommend spending up to $50,000 on a project. Underhill hoped to have that policy changed, according to Assistant State Attorney Greg Marcille. Marcille writes that Underhill did discuss the issue with commissioners before the general election but after the primary. Underhill defeated Gene Valentino in the Republican primary and faced Democratic opponent Deb Moore in the general election. Since he was not yet a commissioner-elect, those conversations did not violate the sunshine law, Marcille wrote. "There is no evidence that any discussions occurred after the general election," Marcille wrote. Underhill is glad to have the issue behind him so he can focus on other projects. "The statement was not based on any facts, so there was nothing for the State Attorney's Office to uncover." Read Marcille's letter here.

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State Attorney finds no sunshine violation in Underhill complaint

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