Cape Coral mayor enters no contest plea, pays $100 fine to settle Sunshine Law violation case
Cape Coral Mayor Joseph Coviello agreed to pay a $100 fine to settle a legal case brought against him for violation of the state Sunshine Law.
Coviello entered a no contest plea to the violation, which is considered an infraction and no criminal responsibility or liability is attached to the settlement.
The mayor declined to answer questions from a reporter as he left the courthouse Tuesday morning with his attorney.
As part of the settlement agreement, Lee County Judge Zachary Gill also agreed to withhold adjudication in the case, which means the court record will reflect the case is dismissed on payment of the fine.
In addition to paying the fine, Coviello took an additional ethics course last week. The maximum fine for a Sunshine Law violation is $500.
The agreement was reached between Coviello's attorney, John Potanovic, and attorney Andrew Van Sickle, of the State Attorney's Office for the 12th Judicial District based in Sarasota.
Jurisdiction over the case was moved to the 12th Circuit to avoid potential conflicts of interest between an elected public official and State Attorney's Office in the 20th Circuit which covers Lee County.
Coviello was accused of violating state Sunshine Laws for conversations he had with two members of the Cape Coral City Council that were investigated by the Florida Department of Law Enforcement.
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One meeting was with Councilwoman Marilyn Stout. According to a Florida Department of Law Enforcement investigation filing in Lee County Court, investigators say Coviello met with Stout and offered to help reach out to potential donors for a charitable foundation for which Stout was chairman of the board of directors.
The following day, Stout told investigators, Coviello apologized to her for "putting her on the spot."
Also cited by the state police investigators was a conversation he had with Councilwoman Jessica Cosden. That conversation took place while the council was planning to interview candidates to fill a vacancy on the council.
Cape Coral Police Chief David Newlan told the investigators that Cosden was asked by Coviello to support the appointment of Lois Welsh to the council.
FDLE investigators say that Coviello approached Cosden and in asking for her support, said that Coviello would get Cosden appointed mayor ex tempore, and would take over presiding over council meetings in the mayor's absence.
Cosden was later interviewed by an FDLE investigator and said she and Coviello had discussed the possibility of her seeking the post. But Cosden also told the investigator that Coviello did not have the power to appoint her, and when the council went through its annual reorganization after the election, she was elected by a vote of 8-0.
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