VOLUSIA COUNTY, Fla. — A commissioner in Volusia County's largest city is now facing a second investigation for ethics violations.
Besides being a Deltona commissioner, Herb Zischkau is an attorney in private practice. He went to a seminar put on by the Florida Bar, earning continuing education credits to help keep his law license, and the city picked up the tab.
Now, Zischkau is the center of controversy again.
"I think we should have some kind of election to recall him," resident Bob Bellow said.
Bellow filed a complaint with the Florida Ethics Commission, alleging a "misuse of public office" because Zischkau attended a seminar put on by the Florida Bar in September and then had the city cover the $430 cost.
"He's a lawyer in private practice and he clearly benefited from this," Bellow said.
The Florida Bar said Zischkau earned eight credit hours for his continuing education. That's more than a quarter of the hours needed every three years to keep his law license, all on the taxpayer dime.
No one answered the door at his law office, even though his car was outside.
This is not his first complaint. Developers of the Howland Crossing Public Safety Project filed an ethics complaint against Zischkau after he challenged the storm water permit for the already-approved project. They allege it cost developers more than $120,000.
That complaint is being investigated.
In the most recent case, the Bar Association forum was on labor relation law. Even though commissioners don't deal directly with employees, the city says it was in negotiation with the fire union and felt the seminar might benefit the city.
"You think he should pay $430 back?" WFTV reporter Jeff Deal asked Bellows.
"Certainly do, out of his personal pocket," he said.
One of Zischkau credits was for ethics education.
If found guilty, Zischkau could face anything from a public reprimand to removal from office. A typical punishment is a civil penalty is up to $10,000 per violation.