Florida finds City of Marco Island Employees Violate State Laws

Based on an administrative complaint filed by the Florida Department of Business and Professional Regulations, the following current City of Marco Island employees have been found to have violated certain laws pursuant to Florida Statutes.

Robert Mahar        Building Official
Gary Konicek        Plumbing/Mechanical Inspector
Michael Smithem    Structural Inspector
Bruce Yakola        Electrical Inspector

The violations range from being unregistered/unlicensed inspectors to making false and deceptive statements to authorities.

For the findings issued by the State of Florida against each City of Marco Island employee, click these links:

Charges and Findings of Violation: Bruce Yakola

Charges and Findings of Violation: Gary Konicek

Charges and Findings of Violation: Michael Smithem

Charges and Findings of Violation: Robert Mahar

The City Council has long been aware of the charges against these employees and has remained mute. The City Council once again used taxpayer's money to defend improper activities by city employees.

On Monday May 7, 2012, one of the victims of the above noted malfeasance by the City of Marco Island read the following statement to the City Council:

Councilors,

As you know, the DBPR( Department of Business and Professional Regulations), recently filed formal charges against Robert Mahar, Gary Konicek, Michael Smithem, and Bruce Yakola, all Building Department personnel, who engaged in activities which required a license, while they were unlicensed or improperly licensed. State laws provide that engaging in a capacity of an inspector or building official without a license is a crime for which the statute of limitations for criminal prosecution has not expired. As you also know, this lack of proper licensure contributed to either no inspections or substandard inspections being performed on our house and the system in place to protect the public, did not protect us. We have brought these issues to your attention in the past, and rather than address the issues and restore faith in a system intended to protect the public, you have ignored the issues and cost the City taxpayers money to defend the wrongdoers. It is time for you to hold these individuals accountable and it is time for you to be accountable to the citizens of Marco Island for the services this department performs and for the taxpayer dollars that you spend.

Regina L. Dayton

The City Council refused to respond.

Opinion
It is unclear if municipal corruption is protected by the sovereign immunity defense afforded to cities in Florida. Additionally, urge that the victims explore a redress through the federal courts against the City of Marco Island.