Ethics complaint filed with state commission against assistant state attorney Amira Fox
Michael Braun
A Fort Myers attorney has filed an ethics complaint with the state against Amira Fox, claiming she violated state statutes by campaigning for the state attorney's position while working as second in command in the 20th Circuit.
A Tallahassee spokeswoman for the Florida Commission of Ethics, Kerrie J. Stillman, said she could neither confirm or deny the complaint.
However, Daniel Endrizal, a Fort Myers attorney and vice president of the Lee County Bar Association, said Wednesday that he wrote the complaint, had it notarized and filed it via FedEx and was awaiting confirmation of receipt.
"I don't have anything against Fox," Endrizal said. "I'm not a Democrat or a Republican. I have no party affiliation."
He filed the complaint, Endrizal said, because he was angered when Fox was allowed to write a keynote article in the association's monthly magazine Res Gestae for December.
After he brought his concern to current association president Kelly Fayer, Endrizal said it was voted on by the association's executive board and they unanimously allowed the article.
"That pushed me over the edge," he said. Endrizal, who will be the bar association's president in 2018, said it was his opinion that Fox has been campaigning for the position of state attorney that will be vacated with the retirement next year of Stephen B. Russell.
"She's running for office," he contended.
The assistant state attorney and second in command at the state attorney's office has not declared for the race and has said on multiple occasions that she will make a decision in the future. However, behind the scenes, she has been making the rounds seeking support from local Republicans.
If she declares for the race she would need to step down from her post as mandated by state attorney office policy or be given a waiver by the state attorney.
Fox is billed on an invitation as a special guest at a fundraiser Thursday, for a political committee, the Southwest Florida Republicans for Justice, which has raised more than $174,000 since its inception in April.
The reception is being hosted by Ken Weiner, CEO of The Weiner Companies in Fort Myers, and his wife, Sheryl. Weiner did not return calls for comment.
In July, an event billed as a meeting to support her as a candidate for state attorney featured well-known conservative rock star, Ted Nugent.
Chris Crowley, a Republican who is the only announced candidate for the position, has criticized Fox for campaigning on work time and said she should resign from her job.
Russell submitted a comment via email on the filing: "I know that my Chief Assistant, Amira Fox, is doing a great job for the citizens of Southwest Florida. One of her many important responsibilities in leading this office is in educating the public on the role of the office of State Attorney. That is why I put no credence in a complaint filed by a close friend and active supporter of a filed candidate for State Attorney. I note that the News-Press is in receipt of the complaint on the same day it was dated and signed by this political supporter, which speaks for itself."
Russell also said that the state attorney office policy for employees seeking elective office includes a clause that gives the state attorney discretion to determine whether an employee would be required to resign in order to run for elective office.
A previous request to interview Fox on this topic was declined.
Crowley said that Endrizal is a friend of his but has not donated to his campaign. The state political contributions database shows Endreizal's father donated $50 to Crowley's campaign and held a reception for his candidacy in February.
The deadline to qualify for the race is noon on May 4. The 20th Judicial Circuit, formed in 1969, consists of five counties: Charlotte, Collier, Glades, Hendry, and Lee. Russell is only the second state attorney for the 20th Circuit, succeeding Joe D’Alessandro, who served for 33 years prior. This is the first election since 2002 where there has been no incumbent.
In Endrizal's ethics complaint he said that Fox collects a $150,000 annual salary and benefits, yet rarely appears in court and rarely tries criminal cases in the 20th Judicial Circuit.
"She spends hours every week appearing at 'community outreach' events where she is actually campaigning on state time," Endrizal's complaint reads.
Fox's personal calendar for 2016 and 2017, requested by The News-Press, shows numerous such events, with her listed as a speaker at some of them.
A look at such events posted on Facebook since June shows Fox has been in attendance at Republican-linked club meetings, graduations, and social and fraternal organizations, during work hours and after, again billed as a speaker at some events.
Also listed as concerns in the complaint was Fox's use of a state vehicle and a state-issued gas card while traveling to political campaign events in the 20th Judicial Circuit.
The complaint also claims Fox has raised $170,000 for Southwest Florida Citizens for Justice, while on duty as assistant state attorney. Endrizal's complaint said the committee was for her campaign.
Jenna Persons, from the Strayhorn & Persons law firm in Fort Myers, is chairman of Southwest Florida Republicans for Justice. The committee's nature is listed as political but has yet to list issues or candidates it is supporting.
Persons did not return calls for comment.
Crowley, who left the state attorney's office in 2014, is adamant that Fox is positioning to run for state attorney and should resign.
More:Lee County school board, commission and state attorney seats up for grabs in 2018
More:State attorney Russell will not seek re-election
More:State attorney Russell resigns from police board after vote
State attorney's office employees who wish to run for office must abide by a policy the office implemented in 2008: "An employee seeking elective office must go on leave or resign from the Office, effective no later than the official qualifying date for the office being sought."
In the complaint, Endrizal also lists a dozen area residents he suggests the ethics commission could contact as witnesses including attorney Sawyer Smith, Crowley, Persons, the Weiners, Doris Cortese, vice-chairperson of the Lee County Republican executive committee, Susan Evans, a local Republican activist and Collier County Judge Mike Carr.
The after-work event with Nugent in July was held at the home of Lee County Sheriff's Office Undersheriff Carmine Marceno.
Posts on Facebook about the event pegged the gathering as helping her candidacy.
"Great time last night helping support Amira Fox, hopefully our next States Attorney for the 20th Circuit!" said Ron Scalzo of Cape Coral, one of those at the function.
"A great night supporting Amira Fox for State Attorney," Todd Everly of Cape Coral posted on his Facebook page a day after the meeting. Everly is a former Cape Coral assistant police chief and currently director at Southwest Florida Public Service Academy.
"What a fantastic evening. Thank you to all of you," Fox said in response to Everly's Facebook comment. "Awesome to meet Ted Nugent, I have been a fan for years."
Marceno said the event was a fundraiser for Southwest Florida Republicans for Justice with Fox and a number of others in the area interested in politics in attendance.
The Wilbur Smith Law Firm in Fort Myers is the largest contributor to the political committee, giving $50,000.
Sawyer Smith, who heads the firm, said contributing to the committee was a no-brainer.
"Our office has a long history of involvement with community service and politics," he said. "We believe it was important to be involved in the political committee to be set up in anticipation of the upcoming state attorney race."
Smith said that he would support a Fox candidacy. "I hope she does run. She's a very smart attorney."
In a letter to Fayer on Thursday, Smith took issue with Endrizal’s ethics complaint as well as a letter written by Crowley addressed to Persons.
“As you can plainly see from the attached invitation, Mr. Endrizal is a political supporter of Mr. Crowley, yet in the opening line of his complaint he writes, 'I am an attorney in Lee County Florida and I have no party affiliation.' There is no other way to interpret those words than as an attempt to show the author as having no interest in the political race relating to the complaint he filed," Smith wrote toi Fayer. "This sentence is misleading and dishonest. Similarly, it is apparent that Mr. Endrizal’ s complaint was not made as an “officer of the court” as he claims, but purely for political gain."
Smith added that Endrizal's actions were an act of deception in a sworn affidavit and unbecoming of the future president of the Lee County Bar Association.
Furthermore, Smith called Crowley's letter to Persons "a grotesque renunciation of the Constitution of the United States" and termed it as a rejection of due process and the right to a fair trial.
Smith concluded his letter to Fayer with a threat that the Wilbur Smith Law Firm and the firm's attorneys would withdraw as members of the Lee County Bar Association on the day Endrizal is sworn in as president.
Those who have attended meetings where Fox spoke or was in attendance say there is no question she is running for the job.
Republican operatives in Lee County say Fox has been making the rounds asking for support.
Darlene Izzo of Estero, a Republican activist, said Fox told her she was going to announce for the race after Russell declined to run again, which he did in June.
Izzo said Fox told her she'd likely announce in October and asked for her support during the Burnt Store Republican Club's picnic in April.
"I declined," Izzo said.
Sheila Sweeny is another Southwest Florida Republican activist who attends many GOP-related events where Fox has spoken.
"To me she's pre-campaigning," Sweeny said. "The word is that she will (run)."
Russell said he would support the expected candidacy of Fox in a June News-Press story about his announcement that he would not seek re-election.
Connect with this reporter: MichaelBraunNP (Facebook) @MichaelBraunNP (Twitter)