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Editorial: Help Elect Cedar Key News` Board of Directors
April 13th, 2003

Editorial: Cedar Key News: A Progress Report
March 11th, 2003

Editorial: Mercedes Meets the Mud
February 28th, 2003

Editorial: Happy New Year to All
December 29th, 2002

Editorial: Letter to the Editor - Thank You C.K. Police for Doing Your Job
December 15th, 2002

Editorial: Poll Results: Fact, Fiction, or Propaganda?
December 4th, 2002

Editorial: WANTED
November 27th, 2002

Editorial: 1,2,3,4 What Are We Fighting For?
October 10th, 2002

Editorial: Do We Really Want Law Enforcement in Cedar Key?
August 15th, 2002

Editorial: Levy County Emergency Management
July 26th, 2002

Editorial: We Have Our Own Heroes
July 17th, 2002

Editorial: Take a Little Time!
July 3rd, 2002

Editorial: Water Management District Trying Its Best
June 26th, 2002

Editorial: Bribery and Misuse of Public Office
June 25th, 2002

Editorial: Police Officer`s Improper Conduct Case Fades Away
June 24th, 2002

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Bribery and Misuse of Public Office

Bribery and Misuse of Public Office

Robin McClary

At the beginning of the police officer misconduct case, I wondered what laws would apply. All sections in red are quoted verbatim from the state statutes.

It is unlawful for...a public servant, corruptly to request, solicit, accept, or agree to accept, any pecuniary or other benefit not authorized by law, for the past, present, or future performance, nonperformance, or violation of any act or omission which the person believes to have been, or the public servant represents as having been, either within the official discretion of the public servant, in violation of a public duty, or in performance of a public duty.

The next question I had in my mind was whether any charge could be brought if the offender was stopped before he or she could perform any illegal act. I researched the state statutes and found that:

Prosecution under this section shall not require that the exercise of influence or official discretion, or violation of a public duty or performance of a public duty, for which a pecuniary or other benefit was given, offered, promised, requested, or solicited was accomplished or was within the influence, official discretion, or public duty of the public servant whose action or omission was sought to be rewarded or compensated.

In other words, the public official did not even have to be capable of accomplishing the act to bring on the charges. It is interesting to note that this law applies to any public servant, and not just police officers.

The law also applies to the relationship of one public servant to another. This part of the law states:

It is unlawful for...a public servant, corruptly to request, solicit, accept, or agree to accept, any pecuniary or other benefit not authorized by law for the past, present, or future exertion of any influence upon or with any other public servant regarding any act or omission which the person believes to have been, or which is represented to him or her as having been, either within the official discretion of the other public servant, in violation of a public duty, or in performance of a public duty.

What is the classification of this crime? The statute states:

Whoever violates the provisions of this section shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Another statute that may apply in this case is the one that addresses the issue of accessory after the fact.

777.03 Accessory after the fact.--
(1)(a) Any person not standing in the relation of husband or wife, parent or grandparent, child or grandchild, brother or sister, by consanguinity or affinity to the offender, who maintains or assists the principal or accessory before the fact, or gives the offender any other aid, knowing that the offender had committed a felony or been accessory thereto before the fact, with intent that the offender avoids or escapes detection, arrest, trial or punishment, is an accessory after the fact.

These are sobering times for our community.

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