Panama City commission seeks legal advice on potential ethics investigation after heated exchange

PANAMA CITY, Fla. – Panama City commissioners sought legal advice Tuesday in response to concerns brought about by members relating to actions by Mayor Michael Rohan.

The concerns arose after City Attorney Nevin Zimmerman was asked to present, on behalf of the four commissioners, the evidence and details behind Rohan’s potential violation of his authority and powers relating to the reappropriation of state funds.

According to emails and letters provided by Zimmerman, Rohan brought an illegitimate form to the office of Rep. Phillip Griffitts, R-Panama City Beach.

The document’s intention was to reappropriate state funds, originally designated for sidewalk improvements on Beach Drive, to aid a different project instead, according to the attorney.

The city attorney read an email he had previously received from Sen. Jay Trumbull, R-Panama City, on Nov. 10 that specifically stated that all general appropriations funds intended for capital outlay projects, such as the sidewalk improvements, could only be used for the originally requested plans.

“Mr. Mayor, the problem it seems is that you went to Rep. Griffits’ office to file an act on behalf of the city without coming to the commission first,” Commissioner Brian Grainger said.

Rohan said that two constituents told him they “did a little bit of research” and were told by Sen. Doug Broxson’s, R-Pensacola, office that if they used that specific form that Rohan ultimately brought to Griffits, they would be able to reappropriate the funds.

“[The constituents] filled the form out and sent it to me and asked if I would meet them at Rep. Griffits’ office so we could discuss the form,” Rohan said in response.

“I knew going out the door that this form was not good. It was not even appropriate and it wasn’t going to go anywhere,” he said.

The mayor said that Griffits’ office told him that the form needed to be completed by the city lobbyist in order for it to be considered a legitimate document. Rohan said that he ultimately misplaced the original, illegitimate copy of the form and may have even “threw it away.”

“I knew it was wrong, but I went down there,” he said. “They asked me to go down there. The idea was to find out how to fill out the form properly.”

“So you knew it was wrong but you still did it?” Commissioner Josh Street asked.

“That’s exactly right,” Rohan said in response.

“You’ve been told time and time again on the same issue, you’ve heard it from every single elected official, as well as their office, our attorney, the senate’s attorney, and yet you still continue to propagate this message that there’s something that can be re-appropriated,” Street said.

“I don’t know what is disconnecting here Mr. Mayor, but this is inappropriate, completely,” he added.

“I disagree 100%,” Rohan responded. “I went down there with some constituents. We did not send that letter anywhere. We sat at this lady’s desk, Ms. Smith is her name, and she showed us what needed to be done.”

“The whole story that you’re giving doesn’t even line up with what Nevin sent us yesterday,” Street said. “I think this is just a complete facade that you prepared a statement because you knew that somebody may bring this up, and now your narrative doesn’t fit actual reality.”

“Maybe there’s nothing wrong with it as far as from the standpoint of [it being] illegal or anything else like that, but it’s definitely inappropriate and you continue to push the bounds of being inappropriate in your position,” he added.

Commissioner Jenna Haligas said that she understood what Rohan’s intentions were, but “unfortunately, we all have to work up here together.”

“We’re not always going to agree and disagree, but we can’t go around just because we don’t always get our way and try to find another way for it to happen,” she said.

Grainger followed up with additional concerns after the back-and-forth between Rohan and Street.

“What you have said today is that you have willingly went to one of our state representatives, acting in your official capacity as the mayor, and unilaterally decided what the commission wanted to do,” Grainger said. “That’s what I’m hearing, and I have a big problem with that.”

“Because I would never do that,” he added. “And if city staff were to do that, were to just go off and just decide what they want to do without having the will of the commission backing them, would we continue to employ them?”

Grainger motioned to launch an ethics investigation into the mayor’s actions and Haligas seconded it. Right as the board was prepared to hold a vote, Commissioner Janice Lucas said she would like to consult with the city attorney to see if there were any other options.

Zimmerman said he would review the situation with Tallahassee lawyer Michael Mattimore and return with a request proposal that the board could vote on and potentially send to the Ethics Committee at future meeting.