Milton Mayor Heather Lindsday on June 24 requested more time to fulfill a public records request which had triggered a May 24 lawsuit against her by the City. This week she asked the court to dismiss the lawsuit; however, the City’s response to her latest request includes criminal allegations against her.
Lindsay’s Sept. 23 Motion for Summary Judgement states the Plaintiff (City) does not have standing to enforce public records requests made by a private citizen, specifically City Attorney Alex Andrade, who made records requests on July 22, 2023 and August 23, 2023. Lindsay argues Andrade did not make the requests in his official capacity but as an individual.
“Within her argument, Lindsay disregards both reality and her legal obligations as a public official, and instead attempts to shift the blme for her noncompliance and disregard for the Florida Public Records Act onto others,” states the City’s reponse. “Lindsay’s Motion for Summary Judgement exhibits a mortifying lapse in her judgement and understanding of her role as a public servant.”
The City’s response also states:
“This case before this Court is an action to compel Lindsay to comply with the law and
produce her public records, some of Lindsay’s conduct, if found to be intentional, amounts to
criminal conduct under the Public Records Act. See Fla. Stat. 119.10(1)(b) “Any public officer
who knowingly violates the provisions of s. 119.07(1) is subject to suspension and removal or
impeachment and, in addition, commits a misdemeanor of the first degree, punishable as provided
in s. 775.082 or s. 775.083.”
The issue stems from the hiring of former City Manager Scott Collins and related conversations Lindsay had with him and fired City Clerk Dawn Molinero during the summer of 2023. Lindsay is accused of taking 55 days to provide some, but not all, of their communications.
The City argues Lindsay is obligated to maintain and produce public records. By a 6-2 vote the council approved filing the lawsuit to compel her compliance.
First Judicial Circuit Judge James Scott Duncan is presiding over the case, and Andrade expects a court date for the Motion(s) soon.
