County board discusses grand jury, budget related to LCSO
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 Dec. 3.
District 2 Commissioner Cecil Pendergrass said that a grand jury would be convening over “the next 10 days” regarding the investigation.
Later on Dec. 5, Pendergrass said he believes the proceeding is looking into permitting involving the LCSO at its Six Mile Cypress Parkway property. He also said that the U.S. Attorney’s Office is conducting an audit of the LCSO.
The LCSO budget has grown from $196 million in 2020 to $315 million for 2024-25.
LCSO 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,” she said via email on Dec. 5.
A grand jury proceeding is secret until charges, if any, are filed.
The comments by Pendergrass at the Dec. 3 meeting were in response to a proposal from District 2 Commissioner Brian Hamman to fund the LCSO 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,” he 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 with their own police departments reject paying into the LCSO special district, leading to what he called “double taxation.”
He 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 LCSO 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).”
He said he did not want to cut the LCSO 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.”
He 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. It wouldn’t take any pressure off the commission,” Pendergrass said, adding that it might take off some of the “limelight” though on the commission for the LCSO budget.
“We still don’t have any control over purchases,” he said.
The LCSO and its budget has been under scrutiny in recent months since former Deputy Mike Hollow accused 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 his 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 as a write-in candidate and lost in November, with Marceno receiving 90% of the vote.
Pendergrass said he did not believe that LCSO consulting contracts — which have become controversial — were part of the grand jury proceedings.
In addition to the contract with jewelry store owner Ken Romano, other consulting contracts the LCSO 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. 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 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 county commission approves the budget of the LCSO 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.
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