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Strike one on Scanlon

3 min read

Fort Myers Beach Fire Commission Chairman John Scanlon missed last week’s regularly scheduled fire commission meeting could be removed from the fire commission if he misses the next two, according to an opinion by commission attorney Richard Pringle.

Scanlon, who is a Lee County paramedic, was arrested New Year’s Eve for possession of cocaine, marijuana, drug paraphernalia and possession of a controlled substance without a prescription, according to a probable cause statement released by the Lee County Sheriff’s Office.

Scanlon is currently on administrative leave from Lee County EMS, according to Diane Holm, public information officer for Lee County Public Safety.

Pringle said he received a request from Beach fire chief Mike Becker to research what options the board may have in dealing with Scanlon’s legal troubles.

“It appears that commissioner Scanlon at this time is able to continue to act as a commissioner,” Pringle said. “There are instances where the board can take action to remove a commissioner. It is really, as I reach out to 191.005 of the Florida statues, limited to the situation where there are three consecutive absences.”

As to removing Scanlon for the pending criminal charges, Pringle said commissioners would not be able to remove him until they are resolved.

“I do not find where the board is required to take any action on that point,” he said. “If a conviction occurs of a felony, under section 191.005, sub section 2, commissioner will no longer be a qualified elector. And as a result he will be automatically removed from the board by law.”

Pringle said he also researched whether the governor could remove a commissioner on a fire district board.

“Based on the research, the definition of county officers, which is one of the categories where the governor can remove and elected officer, does not, from case law, include a commissioner on an independent special fire district,” he said. “It includes the sheriff, the tax collector, the clerk of courts, property appraiser – those elected constutitional officers.”

Pringle said he has contacted legal council for the governor for verification of his research but has not heard from them at this time.

Beach resident Pat Smith, who lost to Scanlon in the November election, called for Scanlon to resign as fire commissioner.

“I know from my position it sounds like sour grapes and I’m sure a lot of people will take it that way,” Smith said. “But, he obviously has problems and one of them is reflected in the extremely poor judgement in what happened on New Year’s Eve. The circumstances, as reported, indicate a fairly serious problem.”

If Scanlon does resign, Pringle said the board would then appoint a new commissioner.

“Then the board would consider that vacancy,” he said.

Vice chairman Ted Reckwerdt said he wants to make one thing clear to everyone.

“We are innocent until proved guilty,” Reckwerdt said.

The next fire commission meeting is scheduled for Feb. 17 at 1 p.m. at fire station 31 adjacent to the Red Coconut on Estero Boulevard.