DAYTONA BEACH, Fla. — Seven high-level Daytona Beach City leaders will have to turn over data from their phones, laptops, and tablets to state prosecutors.
This latest subpoena issued to the city yesterday is related to the state’s investigation into misuse of taxpayer money.
State prosecutors want to see communication about things like city credit cards, some specific city projects, and purchases and conversations about whistleblowers and the attorney general’s office.
The subpoena directed at the city clerk, names City Manager Deric Feacher, Mayor Derrick Henry, Growth Management and Planning Director James Morris, Fire Chief Dru Driscoll, Business Enterprise Management Director Michael Stallworth and Commissioners Paula Reed and Dannette Henry.
WFTV Legal Analyst Bill Sheaffer explains how our investigation into the city’s credit cards that led to a state audit, resulted in the Attorney General’s Office asking for this information.
“This is to determine whether those individuals have in fact spent money illegally in order to prove that they committed a crime. At this point understand that the subpoena is exploratory,” said Sheaffer.
It asks for data from text messages, social media apps, or other chat platforms like Signal or WhatsApp from both city-issued devices and any personal device where city business has been conducted. Prosecutors are also requesting voicemails, call logs, geolocation and cloud storage for those devices.
The subpoena states that if the electronic information is not maintained in a reasonably usable form, you are commanded to allow a forensic image or direct inspection of the device by a qualified examiner.
“You do not want to take the word of the person you subpoenaed these documents from that oh I am no longer in possession of these documents or that they aren’t maintained on cell phone memoranda or other electronic device,” said Sheaffer.
Also, on the list - all city purchasing cards, their transactions, and who is using them.
Bills, receipts, invoices and email transactions related to Step-by-Step Expressions inc. or themathparty.com, have also been requested. The mayor is listed as the Executive Director of Step-By-Step Expressions inc. on his bio on the city’s website. Sunbiz.com lists his wife as the CEO.
According to themathparty.com, the mayor’s wife founded that organization as well.
To be clear, just because city officials are listed in these subpoenas, does not mean they are guilty or accused of a crime.
SEE SUBPOENA BELOW:
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