SANTA ROSA COUNTY — The State Attorney's Office has completed its review of a complaint against members of the Fairpoint Regional Utility System, Inc. and said that no violation has occurred.
In November, the State Attorney's Office began an investigation after it was alleged that board members Matt Dannheisser, Bein May and Buzz Eddy met to discuss a multi-million dollar bank refinancing program for Fairpoint in violation of the Sunshine Law.
A complaint written by members and employees of Holley-Navarre Water Systems, Inc prompted the investigation.
According to a letter from Chief Assistant State Attorney Greg Marcille to Eddy last week, it was determined that Fairpoint Regional Utility System, Inc. is not subject to the requirements of the Sunshine Law, therefore no violation was committed.
Marcille explained the findings by saying that under certain circumstances, a private entity may be subject to the Sunshine Law, but there would also have to be delegation of a public agency's governmental function.
"Fairpoint is a wholesale provider of water that does not provide any direct services to individuals or businesses. At no point has there been delegation of a governmental function to Fairpoint," the letter said.
Fairpoint Regional Utility System, Inc. was originally incorporated in 1999 and provide water utilities including Holley-Navarre, Midway and the City of Gulf Breeze.
Marcille also pointed out the fact that the City of Gulf Breeze, a public entity, is a member of Fairpoint, but concluded that that a private nonprofit, whose members include both public and private entities, was not subject to the Sunshine Law.
The Florida Sunshine Law is a series of laws designed to guarantee that the public has access to the public records of governmental bodies in Florida.