Grand jury proceeding and budget related to Lee County Sheriff’s Office discussed at Commission meeting
U.S. Attorney’s Office also now reported to be conducting an audit into Sheriff’s Office finances
The existence of a grand jury proceeding related to an investigation involving the Lee County Sheriff’s Office was disclosed at a meeting of the Lee County Board of County Commissioners on Tuesday.
District 2 Commissioner Cecil Pendergrass said that a grand jury will be convening over “the next 10 days” regarding the investigation.
Pendergrass said Thursday he believes the proceeding is looking into permitting involving the Lee County Sheriff’s Office at its Six Mile Cypress Parkway property.
Pendergrass also said Thursday that the U.S. Attorney’s Office is conducting an audit of the Lee County Sheriff’s Office.
The budget of the office has grown from $196 million in 2020 to $315 million for the 2024-25 budget.
Lee County Sheriff’s Office Capt. Anita Iriarte responded to questions about the investigation by saying the office is cooperating.
“As always — and in all matters — the Sheriff’s Office is working cooperatively, and cohesively with our law enforcement partners,” Iriarte said Thursday via email.
A grand jury proceeding it secret until charges, if any, are filed.
The comments by Pendergrass at Tuesday’s meeting were in response to a proposal from District 2 Commissioner Brian Hamman to fund the Lee County Sheriff’s Office budget through special district taxes. Pendergrass pushed back against the move, saying it could lead to higher taxation if communities with their own police units reject the special district taxation.
“I know everybody wants to respond based upon what’s going on with the big elephant in the room,” Pendergrass said. “The grand jury is going to be convening for the next 10 days. We’re not going to know anything for a few weeks. I don’t want to get out there ahead of something. I know some people want to respond to something but sometimes it’s best to wait and see.”
Pendergrass said Hamman’s proposal could lead to higher taxes if municipalities that have their own police departments reject paying into the Sheriff’s Office special district, leading to what he called “double taxation.”
Pendergrass said all six municipalities in the county would have to agree to special district taxation.
Lee County Attorney Richard Wesch said a study would determine the tax levy and that all county municipalities would have to approve it.
Pendergrass said if every municipality paid into it, he would support such a move.
Hamman said his proposal for a special district for the Sheriff’s Office would lead to greater transparency. He said the Sheriff’s Office budget makes up about half of the county’s General Fund.
“This budget has been growing at such a large pace, we have had to cut other departments,” Hamman said.
“Law enforcement is a top priority for us. I don’t think they should be competing (with other departments),” Hamman said.
Hamman said he didn’t want to cut the Sheriff’s budget, though.
“It’s certainly something I don’t want to be cut. It’s something I want to see as a priority,” Hamman said. “We actually don’t approve every single expenditure the Sheriff’s Office makes. We only approve the budget.”
Hamman said he wants the county to look into his proposal in a strategic planning session by hiring a consultant.
“It’s kind of premature thinking we are going to be able to control the Sheriff’s Department budget,” Pendergrass said. “It wouldn’t take any pressure off the commission” though he said it might take off some of the “limelight” on the commission for the Sheriff’s Office budget.
“We still don’t have any control over purchases,” Pendergrass said.
The Lee County Sheriff’s Office and its budget has been under scrutiny in recent months since former Lee County Sheriff’s Office Deputy Mike Hollow accused Lee County Sheriff Carmine Marceno of contracting with a Bonita Springs jewelry store owner for social media consulting for the department at a rate of $5,700 a month and then asking that individual to help pay for a luxury vehicle for Marceno’s father.
The contract with the consultant was ultimately canceled by Marceno due to a reported law enforcement investigation involving the store owner.
Marceno responded to Hollow’s accusations in September, saying they were “politically-motivated and baseless from a disgruntled employee.”
Hollow ran against Marceno for sheriff as a write-in candidate and lost in November, with Marceno receiving 90% of the vote.
Pendergrass said he didn’t believe that Sheriff’s Office consulting contracts — which have become controversial — were part of the grand jury proceedings.
In addition to the consulting contract with Bonita Springs jewelry store owner Ken Romano, other consulting contracts the Sheriff’s Office has engaged in under Marceno are a $9,000 a month contract with AGL Solutions, whose president is former State Sen. Lizbeth Benacquisto, a Republican who formerly represented parts of Lee County. The contract calls on her firm to attend government, community and business meetings and provide advice.
Another consulting contract lists John E. McGowan and Legacy Strategic Consulting, Inc. at a rate of $5,000 a month for helping to recruit members of the civilian support unit and to support them with marketing and community outreach activities.
The Lee County Board of County Commissioners approve the budget of the Lee County Sheriff’s Office and has voted to expand services, such as a 2022 expansion of the narcotics unit from 24 to 44 employees while adding five state prosecutors — which led to an annual increase in personnel of $1.7 million for the Sheriff’s Office and $463,700 for the State Attorney’s Office for the 20th Judicial Circuit to prosecute Lee County cases.