A Letter from Council Chair Erik Brechnitz

The City Manager’s decision to file the annual financial audit on June 30 — the final day allowed under state law — without first disclosing to the City Council the existence of a material weakness in the City’s internal financial controls is not just poor judgment. It is a blatant and inexcusable violation of the City Charter and a fundamental breach of public trust. 

Per Section 4.03(5) of the Charter, the City Manager is required to “keep the Council fully advised as to the financial condition and future needs of the City.” A material weakness in the audit — defined under professional standards is a serious breakdown in internal financial oversight that could lead to major misstatements is by any measure a core issue of financial condition. It is not optional information. It is not administrative minutiae. It is a flashing red warning light that must be brought before Council immediately and publicly. 

By burying this audit at the eleventh hour, with no public presentation, no prior discussion, and no transparency, the City Manager intentionally withheld critical financial information from the City’s elected legislative body — the very body charged with fiscal oversight under the Charter. That is not a mistake. That is a calculated act to avoid. It clearly meets the definitions of nonfeasance and misfeasance under Florida law — and it violates the governing Charter of the City of Marco Island. It also deprives Council of the opportunity to ask questions, propose corrective action, or even fulfill its legal obligation to ensure the City’s financial integrity before the audit was sent to Tallahassee. 

Under Section 3.04(7), the Council has the authority — and the obligation — to launch a full investigation into this breach. And under Section 4.02(2), the Council holds the power to remove the City Manager for cause. It is time to use that authority. 

Anything less than formal action on this matter would send a dangerous message: that transparency is optional, accountability is negotiable, and the Manager can act in the shadows without consequence. That is unacceptable in any city — and especially in a city that claims to value self-governance, fiscal responsibility, and the rule of law. 

When I brought this issue up to the city Council at Monday’s meeting, two counselors attacked the messenger. I was accused of being the cause of this problem. That is always what people do when they can’t win the argument based on the facts. They personally attack the person that brings up this critical issue. I intend to write a letter, expressing my concerns to the Auditor General and the Governor.