DAYTONA BEACH, Fla. — Emails obtained by 9 Investigates show results from a recent Daytona Beach audit could be tied to a criminal investigation. The audit is in direct response to our investigation into the city’s finances.
Channel 9 Volusia County reporter Demie Johnson has been digging into Daytona Beach records since November of last year. In the emails she obtained, city staff asked the auditor for documentation and information about the people he spoke with to support his most recent findings.
We were the first to show you those results from his investigation into the fire department finances three weeks ago today.
In the email, the auditor explains that all his documentation related to city credit cards and receipts came directly from the city and that he has no problem releasing it, but then he says.
“For the record, I am aware that there may be ongoing criminal matters under review by appropriate state officials that could involve investigative considerations. At this time, I am not in a position to provide additional details and cannot determine whether such matters will ultimately be material. Since I am not an attorney, I will not be able to determine the impact of the release of this information.”
The auditor ends the email by saying that disclosing whistleblower-related information could deter people from coming to him in the future, thereby compromising his investigation.
The Florida Whistle-blower’s Act (Sections 112.3187–112.31895) shields public and private employees from retaliation, like termination or harassment, when reporting illegal activities, gross mismanagement, or threats to public safety.
To ensure compliance and protect disclosers’ rights, the City of Daytona Beach should review these statutes, which protect identity but exclude those involved in violations they report.
I am not aware of any active criminal investigations related to the audit findings. If any are initiated, I am confident they will be handled appropriately, professionally and without delay. Our administration remains committed to addressing the audit findings directly and maintaining the highest standards of transparency and accountability.
— City Manager Deric Feacher
We are working to learn exactly what is under criminal investigation by the state and who at the state level is investigating.
I have heard that criminal charges are a possibility, and in that case I intend to offer full cooperation and I would encourage everyone involved to do the same.
As for the second question concerning whistleblowers, If city is involved in the attempt to gather information on whistleblowers, yes that would be very concerning. Whistleblowers are protected by state law. The commission approved a policy to allow for an anonymous hotline for the city auditor. Many other municipalities and counties already have similar policies in place.
— State Senator Tom Wright
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