It didn’t take long for an investigation into alleged perjury by an elected official to wrap up.
The Manatee County Sheriff’s Office confirmed Oct. 28 that it closed its investigation into Holmes Beach Commissioner Jayne Christenson’s “protected address” request to the supervisor of elections — seven days after the case was opened.
Christenson’s Oct. 11 announcement to withdraw from a three-way race for two commission seats led The Islander and others, including Dan Diggins, one of two people who qualified to run against Christenson on the Nov. 8 ballot, to review her candidate filings.
The review found Christenson’s home address blacked out on candidate forms filed at the SEO since June, when she submitted a public records exemption request to shield that information.
Her residency has come into question before, as she owns a home in Bradenton and her Holmes Beach property — which she owns with her mother — is registered as a vacation rental home.
On the Department of State public records exemption request form Christenson, she checked boxes indicating she is eligible for the exemption as currently employed in the category “human resource, labor relations, or employee relations director, assistant director, manager or assistant manager of any local government agency or water management district.”
However, Christenson establishes in her statement of financial interest — a required candidate form — that she is employed with AbbVie, a pharmaceutical research and development company.
She also listed her occupation as sales management in an affidavit with the SEO.
SEO staff told The Islander that the office takes information given in public records exemption request forms at “face value” and does not verify its accuracy.
Nevertheless, the form includes a statement that “the requestor hereby swears or affirms, under penalty of perjury, that the information contained in the foregoing public record exemption form is true and correct.”
Perjury is a third-degree felony in Florida, punishable upon conviction by up to five years in prison and a fine of up to $5,000.
Diggins contacted the MCSO Oct. 21 to request an investigation into potential perjury on Christenson’s public records exemption request form.
“(Diggins) advised that (Christenson) does not work for the government of a water management district in any form of official capacity currently,” according to an Oct. 21 report.
Sheriff’s Deputy Randall Walker wrote in an Oct. 25 report, “I learned that Christenson is a city commissioner for the city of Holmes Beach, FL. Her position as a city commissioner would qualify her for public records exemption request under the later portion of the verbiage as a ‘manager or assistant manager of any local government agency.’”
“This completes my investigation. This case will be closed unfounded as no crime has occurred,” the report concludes.
Supervisor of Elections Michael Bennett told The Islander Oct. 28 that the SEO provided law enforcement with the statute but no recommendation on Christenson’s eligibility for the exemption.
Bennett said a complaint to the Secretary of State’s office or Commission on Ethics could spark a review of the exemption request.
He added that, so far, he hadn’t heard of any ethics complaints filed against Christenson over the matter.
Attorney Sam Morley of the Florida Press Association wrote Oct. 26 in an email to The Islander that “The exemption does not apply to every ‘manager or assistant manager of any local government agency.’ Rather, it applies to ‘human resource, labor relations, or employee relations’ managers OR assistant managers, and only if their duties include hiring and firing, labor contract negotiations, administration or other personnel-related duties. So, it seems like the exemption is being wrongly enforced.”
Morley also stated, “The SEO might say it can rely on the affidavit alone, however, I’m not aware of any case law addressing whether an agency can so rely, or whether, when challenged, it must make its own inquiry into the facts.”
Morley’s opinion, shared with MCSO general counsel Eric Werbeck, also was shared by Werbeck with Walker.
Walker revisited the decision in an Oct. 28 report: “City Commissioner Christenson role is in a legislative matter as opposed to an administrative — meaning she does not have the authority to unilaterally employ or terminate employment of anyone as a commissioner.
“With these facts in mind, it is my opinion that, City Commissioner Christenson would not be entitled to an exemption under the selected option she filed under.”
Despite the change of opinion, the case remained closed.
“Christenson’s actions of completing this form do not rise to the level of criminal intent as proof cannot be made that she maliciously and fraudulently applied for and received this exemption with the knowledge that she does not qualify for the exemption. … The case shall remain closed – unfounded.”