Government Watchdog Group Enters Fray Over Naples Airport Director's Criminal Complaint

March 26, 2014
A government watchdog group on Tuesday asked the Naples Airport Authority to reveal what led its executive director to file a criminal complaint against a citizens group, calling it an "egregious" action intended to "intimidate and stifle" the group

March 26--A government watchdog group on Tuesday asked the Naples Airport Authority to reveal what led its executive director to file a criminal complaint against a citizens group, calling it an "egregious" action intended to "intimidate and stifle" the group.

Barbara Petersen, executive director of Tallahassee-based First Amendment Foundation, sent the request to Authority Chairman John Allen and Naples City Council, which decided last week not to look further into the complaint Naples Municipal Airport Executive Director Ted Soliday filed against Larry Schultz and Alan Parker.

"Frankly, Chairman Allen, we find Mr. Soliday's actions egregious," Petersen wrote in the three-page letter, contending mistakes caused by a PDF conversion program Parker used to provide airport documents to his newsletter's subscribers were minor and didn't significantly change the content.

"Yes, after a criminal investigation, the criminal charges against (Naples Airport Watch) were dropped," she wrote. "But the chilling effect of such grievous action on those who may criticize their government is not diminished by the fact that the investigation determined that the charges were unfounded."

Allen said he'd ask Petersen for documentation to prove her belief that the mistakes in the conversion were "innocently" made.

"We've never accepted their position that it was a harmless mistake and their subsequent conduct, not being forthright, would not indicate this was an innocent mistake," Allen said. "I think it would be logical and prudent for (Petersen) to provide documents to substantiate her position."

Petersen, whose group is financially supported by media organizations, told the Daily News this type of retaliatory action against a watchdog organization is rare. She's seen only a few in her 20 years and called what Soliday did "reprehensible."

"Regardless whether you agree with NAW, the fact is the organization and Mr. Schultz are doing what we want our citizens to do -- to get engaged, and to speak up when they believe government is not representing our interests or is headed in the wrong direction," Petersen said.

The dispute began in June, when Soliday wrote to Sheriff Kevin Rambosk, accusing NAW of intentionally changing airport documents and suggesting it was a crime. Schultz and Parker say they convert PDF files to Word documents to make it easier for subscribers to open attachments, but they were unaware it caused typos.

They accused Soliday of trying to stifle free speech and intimidate them, noting the felony they were accused of was punishable by up to five years in state prison. The sheriff's office closed its investigation in January, determining there was no crime.

Soliday offered to take a two-week unpaid suspension, but the NAA voted to place a letter of reprimand in his personnel file.

Petersen called that "woefully insufficient" because the reprimand only focuses on Soliday's email to Rambosk, not the "filing of retaliatory criminal charges ... that Soliday himself admits were an attempt to intimidate and muzzle the NAA critics."

She pointed out NAW did not alter a "public document," just a copy from the authority's website. Petersen asked if Soliday filed the charges on his own or on behalf of the NAA and whether NAA members or NAA Attorney Joe McMackin were involved.

NAA minutes and videos show it was never discussed. Allen said that McMackin, Soliday and three commissioners -- all past NAA chairmen -- agreed it was "worth asking the sheriff to do a review." He contended airports are held to higher standards and the Aviation Transportation Act requires them to act quickly to report suspicious actions.

Schultz and Parker scoff at that, noting the investigation took eight months, but the FBI, the U.S. Department of Homeland Security or the Federal Aviation Administration are agencies the NAA should have turned to if they were really a security concern.

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