Cape Coral Council votes for state attorney to investigate Patty Cummings residency fraud claims

CAPE CORAL, Fla. (FLV) – The Cape Coral City Council voted Monday to request the State Attorney’s Office investigate claims that Councilmember Patty Cummings committed residency fraud.

The City of Cape Coral hired Vicki Sproat to conduct an independent investigation into Cummings, following a complaint that Cummings did not live in the district she filed to run in.

The investigation report claimed Cummings did not live in District 4 until March 2023, even though she filed to run as a candidate for that district in 2022.

“When I look at this investigation, at best it’s incomplete,” Mayor John Gunter said. “It’s not incomplete because the investigator that we hired wasn’t able to get the information. It was because she either wasn’t provided the information or individuals elected not to participate in the investigation.”

Gunter said the State Attorney’s Office would have the necessary subpoena power.

Councilmember Bill Steinke said the evidence does not show Cummings lived in District 4 on May 10 continuously through Sept. 28, 2022.

“I too what our electorate to believe that valid candidates run and that they have valid candidates to vote for,” Steinke said. “I’m sure there have been many candidates that said ‘man I’d love to run but I don’t live in that district.'”

The motion for the State Attorney’s Office to investigate was approved 7-1 Monday, with Cummings being the only one to vote against the motion.

“All the information is there that’s why I’m just kind of like put in a situation where you have all the data that was sent from my attorney, so I have to say no,” Cummings briefly said right before her vote.

Cummings reportedly had previously called the investigation into her residency a “witch hunt that is politically motivated.”

Prior to the approved motion, some members attempted to pass a motion to charge Cummings with conduct constituting grounds for forfeiture of office, which failed after a vote of 2-6.

“The investigation and other evidence confirms that Councilman Cummings did not reside at the Palm Tree address and failed to reside even four months after being elected,” Councilmember Robert Welsh said.

Welsh proposed the motion to charge Cummings, citing that the investigative report was “cut and cotton dry.”

When Cummings filed to run for city council, she listed her Palm Tree Blvd. address as her residence, which is located in District 4, according to the investigation.

However, the report said her documents did not prove that Cummings “ever intended” to live at that address during the “relevant period.”

Instead, the report claimed Cummings leased a house on SW 50th Terrace in District 2 and that she “intended” to continue living there until the lease expired in November 2022.

Following Hurricane Ian, the investigator said that Cummings signed a lease to move into a residence off Embers Parkway in November 2022.

The report later claimed Cummings did not reside in District 4 until March 22, 2023. She moved to a residence off SE 21st Street in the district.

The investigation highlighted the city charter, which said it is a requirement that a councilmember candidate’s name be placed on the ballot for the council district in which he or she resides.

“Let’s remember this was an Anonymous complaint. All evidence and documents was provided to the City of Cape Coral. The City of Cape Coral retained Vicki Sproat for a fact finding investigation,” Cummings told The News-Press.

The report said an attorney for Cummings demanded the city refrain from moving forward with the investigation, calling it a waste of taxpayer dollars.

On March 7, the Cape Coral City Council voted 6-2 for an independent investigator after a formal complaint was made.