McLemore Fined, State Audit Clears Mosquito Control

In separate but related actions over the past five months, Gulf County Commissioner Carmen McLemore received a cease and desist order and a $500 fine, while Gulf County Mosquito Control was commended.

After McLemore commandeered a county mosquito spray truck in March and illegally sprayed for mosquitoes, the state slapped him with a cease and desist order and a $500 fine less than 60 days later.  

A document sent from Michael Page, Chief of the Bureau of Entomology and Pest Control, Florida Department of Agriculture and Consumer Services (FDACS), ordered McLemore to cease and desist, charging McLemore with two counts of violating Florida Administrative Code (FAC).

The document was dated May 12 and delivered by UPS to McLemore at the County Commission administrative offices.

The cease and desist order stated that on April 8, Inspector Steve Harrison, Environmental Manager, Bureau of Entomology and Pest Control, FDACS, investigated allegations that McLemore applied pesticides during daylight hours without proper license or surveillance data.

Harrison found that on March 24, McLemore ordered a county Mosquito Control employee to drive to his home with a spray truck, where McLemore then drove the truck around Wewahitchka, spraying for mosquitoes within his political district.

He applied the pesticides without possessing the required license and without having the required mosquito surveillance data to demonstrate a need to spray, the document stated.

The document stated that McLemore was fined $500.

A settlement agreement dated May 19 was submitted to FDACS in which McLemore agreed to pay the fine and comply with all laws concerning mosquito control application.

On June 27 a transmittal of settlement agreement was sent from Page to Terry Rhodes, Chief of Staff, Richard Tritschler, General Counsel, Dr. Joanne Brown, Deputy Commissioner, and Anderson Rackley, Director, Division of Agricultural Environmental Services.

It stated that the $500 fine had been paid, and the Settlement Agreement would allow them to establish a violation of the law and provide for additional action in the event of future violations. 

Gulf County administrator Don Butler then received a document dated Sept. 3 from FDACS concerning the Gulf County Management Analysis Audit of the county's Mosquito Control Department.

The audit was requested by Butler on behalf of the Gulf County Board of County Commissioners in a letter dated July 7.

The audit was conducted and completed on July 23 by Angela Weeks-Samanie, regulatory supervisor and consultant for FDACS, Bureau of Entomology and Pest Control, Mosquito Control Program.

The audit examined the county's Mosquito Control program's compliance with laws, policies and regulations; financial operations; training and development; and integrated pest management.

According to the audit, "When comparing this program to others of this magnitude, Gulf County Mosquito Control is below the average dollar amount of other programs. This program has maximized its resources and budget, and provides a quality mosquito control program to its citizens while insuring public health."

While Mosquito Control staff and programs received high marks from the audit, county commissioners, as the governing board, did not.

The findings and recommendations concerning county commissioners stated that:

* County commissioners lacked "proper understanding and separation of responsibilities necessary for proper internal controls."

Weeks-Samanie noted that pesticides had been applied by an unlicensed county commissioner on property other than his own without confirmation or justification, as required by state law.

She recommended that county commissioners review specific state statutes and attend state classes and meetings on mosquito control, regulation and enforcement "to provide them with a better understanding of the laws that they are mandated to adhere to and sworn to uphold."

* The county or district used equipment purchased with mosquito control funds for private use.

Weeks-Samanie noted that a county commissioner lent mosquito control equipment to another county department, free of charge and without prior written approval; "therefore the district used equipment purchased with mosquito control funds for private use when using the 2003 Kawasaki 4x4 in a Flat Head Fishing Tournament, a county benefit."

She recommended the county be required to have prior approval to use any equipment purchased with Mosquito Control funds for anything other than mosquito use, insuring compliance with state statutes.

* The Mosquito Control state fund account was not in compliance with administrative requirements.

Weeks-Samanie noted that state funds designated for mosquito control were deposited into a "cash pool in a general account" instead of a separate mosquito control account, as required by state law.

She stated a separate account must be opened just for Mosquito Control.

* Chemical storage areas were not secure.

Weeks-Samanie noted that larvidicing pesticides were not stored in a secured area and sprayers containing adulticiding pesticides were not secured.

She recommended the pesticides be isolated and secured from the general shop area and the primary pesticide storage tank be enclosed to prohibit possible contamination or tampering.

In summary, the audit stated that "The governing board employs a highly qualified director and staff. They are well versed in the statutes and rules that pertain to mosquito control. The overall program is managed very effectively and efficiently. The board should take full advantage of their knowledge and experience for future decisions."