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Hernando Today

Biro Did Nothing Illegal, State Attorney Says

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By TONY HOLT, Hernando Today

Published: February 16, 2008

OCALA - Spring Hill Fire Rescue Commissioner George Biro did not violate Florida's Sunshine Law when he submitted a letter asking his colleagues on the board to vote on a replacement for the outgoing chief.

But the assistant state attorney who investigated the case believes Biro's decision to draft a letter prior to the matter coming up before the board was unwise.

"While my conclusion is that no violation of law occurred as a result of commissioner Biro's letter, the method of communication he utilized is fraught with potential danger," wrote Assistant State Attorney Jeremy Powers.

Biro's Jan. 31 letter states, "This is to let you know that my position on Chief Morrison's contract has not changed. I would like to see the chief's position filled at our next voting meeting Feb. 27, 2008."

He also recommended Operations Chief Mike Rampino be promoted to replace Morrison on an interim basis.

Powers wrote that while Biro expresses a comment on the issue, "his commentary is in part a reiteration, is unilateral, and neither solicits nor encourages comment from others on the commission.

"Additionally, there appears to be no violation of the Public Records Act," he continued, "as the media did in fact obtain copies of commissioner Biro's letter."

The Sunshine Law sets strict guidelines for elected government officials. For the most part, they are prohibited from discussing or otherwise communicating certain matters privately and without the knowledge or presence of the media.

The district's attorney, Andrew Salzman, never responded to calls seeking comment on the matter.
Biro has not been accessible due to medical reasons.

Reporter Tony Holt can be reached at 352-544-5283 or wholt@hernandotoday.com.

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