Naples Daily News Attempts to Bribe Frank Halas

Controversy surrounds Collier commissioner race

Kara Kenney
Last updated on: 8/23/2006 6:17:17 PM

COLLIER COUNTY: Accusations are flying in the race for Collier County Commissioner. The Naples Daily News is now caught up in the controversy after they endorsed a candidate that may be able to swing an upcoming vote in their favor. Some people say it is a blatant conflict of interest and the issue has the whole community buzzing.

The controversy began when the paper ran an article endorsing incumbent Frank Halas as their pick for commissioner. On September 12, just seven days after the primary, Halas will vote on a zoning request for the Naples Daily News building.

"Bribery, illegal, corrupt," said independent candidate Michael Lissak about the Naples Daily News' endorsement of Commissioner Halas. "They have abused their position by attempting to bribe a county commissioner."

The issue centers on a piece of land off of Immokalee Road where the Naples Daily News wants to put its new headquarters.

"The Naples Daily News is a company and they have a multi-million dollar interest right behind me," said Lissack while standing on the land in question.

Lissack recently filed a criminal complaint with the Collier County Sheriff's Office. It's a move that has many people talking.

"I think they should stay neutral on everyone. If anyone should, the paper should," said Collier resident Dan Whewell.

Halas is set to face Joe Foster in the primary.

"I'm not sure it rises to criminal activity. I think there is a perceived conflict of interest given they're going before the county commissioners a week after the election," said Foster.

Phil Lewis, the editor of the Naples Daily News says, "All five commissioners will base their decision on the law and what they feel is best for the citizens of Collier County, not whether they like us or not."

Lewis then went on to say that the editorial board who endorsed Halas has nothing to do with the new building. He said that while Halas was interviewed by an employee of the newspaper - the relocation was not even discussed.

Halas was out of town on Wednesday, but was quoted as saying, "Voters in Collier County realize what's going on and they have a better understanding of what the real issues are."

Lissack says the only solution is for Halas to remove himself from the upcoming re-zone vote.

"If he votes, he's been bought and paid for," said Lissack.

Officials from the Naples Daily News say they endorsed Halas because of his stance on big-picture issues such as taxes, affordable housing, and impact fees.

Michael Lissack's Public Statement

The hubris of the Naples Daily News in ignoring the effect of its endorsement of Frank Halas re the potential perception of his vote being "purchased" reveals a simple truth -- the NDN lives in its own world out of touch with reality. In the real world dangling something of value in front of an elected official just before he is to decide something vital to your commercial interests is known as a bribe. Bribes are illegal. The NDN acts as a self appointed ethics police for others but only hubris exempts self. If Frank Halas were to vote on the NDN rezoning how will anyone know he wasn't bought and paid for with the NDN endorsement? The NDN editorial staff has played kingmaker long enough and this time it has grossly abused its community role. EW Scripps owes an apology to the citizens of Collier County and owes us new leadership at the NDN. It is time to put irresponsible and arrogant journalism behind us.

Why do the NDN’s actions constitute a bribe?

The Naples Daily News gave Frank Halas an endorsement (which he regarded as a gain or advantage) and which the NDN knew was an act beneficial to Halas in whose own welfare he is interested, The NDN desires Halas to vote yes on its rezoning which vote is an act within Halas’s official discretion in performance of his public duty. The NDN thereby sought to influence Halas’s action. Further, the NDN had been advised in writing of the conflict of interest and chose to ignore it. NDN's action were therefore knowing and willful.

Florida Statutes

838.015 Bribery.--

(1) "Bribery" means corruptly to give, offer, or promise to any public servant, or, if a public servant, corruptly to request, solicit, accept, or agree to accept for himself or herself or another, any pecuniary or other benefit not authorized by law with an intent or purpose to influence the performance of any act or omission which the person believes to be, or the public servant represents as being, within the official discretion of a public servant, in violation of a public duty, or in performance of a public duty.

838.016 Unlawful compensation or reward for official behavior.--

(1) It is unlawful for any person corruptly to give, offer, or promise to any public servant, or, if a public servant, corruptly to request, solicit, accept, or agree to accept, any pecuniary or other benefit not authorized by law, for the past, present, or future performance, nonperformance, or violation of any act or omission which the person believes to have been, or the public servant represents as having been, either within the official discretion of the public servant, in violation of a public duty, or in performance of a public duty. Nothing herein shall be construed to preclude a public servant from accepting rewards for services performed in apprehending any criminal.

(2) It is unlawful for any person corruptly to give, offer, or promise to any public servant, or, if a public servant, corruptly to request, solicit, accept, or agree to accept, any pecuniary or other benefit not authorized by law for the past, present, or future exertion of any influence upon or with any other public servant regarding any act or omission which the person believes to have been, or which is represented to him or her as having been, either within the official discretion of the other public servant, in violation of a public duty, or in performance of a public duty.

838.014 Definitions.--As used in this chapter, the term:

"Benefit" means gain or advantage, or anything regarded by the person to be benefited as a gain or advantage, including the doing of an act beneficial to any person in whose welfare he or she is interested, including any commission, gift, gratuity, property, commercial interest, or any other thing of economic value not authorized by law.

"Corruptly" or "with corrupt intent" means acting knowingly and dishonestly for a wrongful purpose.

Commission candidate files criminal complaint on Daily News
By Larry Hannan

Thursday, August 24, 2006

A candidate for the Collier County Commission has filed a criminal complaint accusing the Naples Daily News of bribing the incumbent North Naples commissioner by endorsing him.

Michael Lissack, who is running as a nonpartisan candidate in the race, alleges the Naples Daily News bribed Commissioner Frank Halas when it endorsed him Saturday for re-election in the Republican primary. He filed a complaint this week with the Collier County Sheriff’s Office.

Sheriff’s spokeswoman Brigid O’Malley said the department is consulting with the State Attorney’s office to determine whether the complaint rises to the level of a crime.

Halas is running against attorney Joe Foster in the Sept. 5 Republican primary. The winner of that race will face Lissack in the Nov. 7 general election.

Lissack said the Daily News is guilty of bribery because on Sept. 12 the paper will be asking Collier commissioners to approve rezoning of a parcel of land on Immokalee Road so a new office building and printing press can be built.

The endorsement of Halas was a bribe designed to make sure he voted in favor of the rezoning, Lissack alleges.

“The Naples Daily News has a history of trying to be the kingmaker in Collier County,” Lissack said Wednesday. “This time they took it too far and abused their public trust.”

The Collier County Publishing Co., which publishes the Daily News, plans to move its headquarters from Central Avenue in Naples to a larger tract in North Naples to accommodate a new press and expanded offices in 2008 or 2009.

The publisher of the Daily News is asking for a business-park zoning for 36 acres behind the Granada Shoppes in North Naples off of Immokalee Road. Halas will be one of the five commissioners asked to approve the rezoning at the Sept. 12 commission meeting.

A rezoning requires a supermajority, meaning four of the five commissioners, voting in favor.

Lissack said the endorsement has value so it’s a bribe.

“If Frank Halas were to vote on the (Daily News’) rezoning, how will anyone know he wasn’t bought and paid for with the NDN endorsement?” Lissack asked.

Lissack is calling on Halas to recuse himself from voting on the matter on Sept. 12. He said if Halas doesn’t recuse himself, he will challenge the commissioners’ decision in court.

Daily News Editor Phil Lewis declined to comment other than to say his column published Sunday expressed his opinions on the topic.

In the column, Lewis said the decision to endorse Halas was made by the Daily News editorial board.

The people on the editorial board — Lewis, Editorial Page Editor Jeff Lytle and columnist Brent Batten — aren’t involved in planning for the new office building, Lewis said.

Halas said he won’t recuse himself when the rezoning comes before the commission. He also said the endorsement would have no bearing on whether he approves or rejects the rezoning request.

“If it benefits the residents of Collier County and complies with the county rules then I’ll vote for it,” Halas said. “But I haven’t reviewed the issue yet and I haven’t made up my mind on whether I’ll support” the rezoning.

© 2006 Naples Daily News and NDN Productions. Published in Naples, Florida, USA by the E.W. Scripps Co.

Naples paper accused of bribing Collier official
Backing of commissioner called conflict of interest

By DENES HUSTY III
dhusty@news-press.com
Originally posted on August 24, 2006

A political rival is accusing the Naples Daily News of bribing or influencing incumbent Collier County Commissioner Frank Halas by endorsing his bid for re-election.

Michael R. Lissack, 48, of 15508 Montorosso Lane, made the allegation in a complaint filed Monday afternoon with sheriff's deputies.

Lissack is a no party affiliation candidate running for election in Commission District 2, where Halas is the incumbent.

Halas faces fellow Republican Joseph G. Foster in the Sept. 5 primary and the winner will face Lissack in the November general election.

Lissack told deputies who came to his home that the newspaper endorsed Halas on Saturday and has a hearing before the commission, including Halas, the week after the Sept. 5 primary.

The issue involves the proposed rezoning of land where the Naples Daily News wants to construct a new headquarters. The plan is to relocate the main building from Naples to North Naples.

"Michael believes the timing of the endorsement is an intentional attempt to bribe/influence commissioner Halas' vote," sheriff's reports state.

Lissack went on to say that Halas should recuse himself from voting on the issue, reports state.

Sheriff's detectives will consult with officials at the state attorney's office to determine if the complaint warrants a criminal investigation or whether it will be kept for information purposes only, sheriff's spokeswoman Brigid O'Malley said.

The reports had not been received by the state attorney's office as of Wednesday afternoon, spokeswoman Chere Avery said.

Halas said the endorsement will not influence his vote. He wouldn't say how he will vote on the rezoning issue Sept. 12.

Naples Daily News Editor Phil Lewis said he had no comment beyond what he wrote in his column in the paper this past Sunday.

In that column, Lewis addressed a letter to the paper written by a John Clough of Boca Raton.

Clough said that the newspaper has a potential conflict of interest and should not endorse any candidates for the county commission because of the rezoning issue.

In reply, Lewis said that he and other members of the Daily News interviewed the primary election candidates Aug. 7.

"We didn't bring up the relocation and neither did they," Lewis said.