9 Investigates Another Windermere Scandal

WINDERMERE, Fla. — Windermere's scandal is getting worse. First, the town's police chief was arrested and then the town manager resigned.

Now, 9 Investigates reporter George Spencer found out the new reason a council member could face charges of his own.

As if criminal charges against Windermere's former police chief and a town manager fighting her own town were not enough, one Windermere council member is the subject of a lawsuit.

The new complaint alleges that Richard Irwin violated Florida's "Government in Sunshine Laws" by holding a meeting the public was not allowed to attend.

"How confident do you feel in this, Andrew?" asked Spencer.

"It's quite simple and straightforward," said plaintiff Andrew McCarthy.

McCarthy, an unsuccessful town council candidate, has filed a series of lawsuits against the town. He claims an email sent from Irwin's business account to all council members was effectively an "electronic" meeting, without public input.

In the email, Irwin writes about town manager Cecelia Bernier's severance package, writing, "We should add an additional $50,000 to $100,000 and perhaps more to settle a wrongful termination suit."

"When government officials hold secret meetings through email, as I've alleged in my complaint, they violated that law," MacCarthy said.

Council member Mike Pirozzollo agreed.

"Please exclude me from this conversation as I feel it is dangerously close to Sunshine Law violation," wrote Pirozzollo.

Experts say the emails would likely only be a violation if other members responded, creating a private conversation.

McCarthy has requested a copy of any follow-up emails that might exist. City leaders say there are none.

WFTV's call to Irwin wasn't returned.

But the town's attorneys called the newest complaint "frivolous" and said it would be dealt with accordingly.

McCarthy says he plans to find out how many similar emails council members sent.

The initial scandal involving the town of Windermere started at the police department earlier this year. In January, former police Chief Daniel Saylor was arrested for trying to cover up a sexual assault investigation against one of his friends, Scott Bush.

That led to allegations of other inappropriate practices inside the police department. The town manager eventually resigned because of the scandal, but now she's threatening to sue if she doesn't get the severance she wants.