St. Johns County commissioners respond to federal lawsuit against the board

ST. JOHNS COUNTY, Fla — A day after St. Johns County commissioner Krista Joseph filed a federal lawsuit against her other commissioners, the board is giving its response.

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It comes after an outside attorney filed a report saying Joseph likely broke the law for a political speech she made during the November 21st county commissioners meeting.

Click here to view the legal opinions.

“Commissioner Krista Keating-Joseph, as all political officials, is expected to lobby and campaign,” says Sarah Arnold, chair of the St. Johns County board of commissioners, in a statement, “However, what is explicitly forbidden is to do so with the use of her public office, during a public meeting and while using public resources, for the purpose of furthering her campaign agenda.”

This all started when, during the November meeting, Joseph gave a speech about the upcoming election and the people on the ballot. A few weeks later, the board censured her for those comments, saying it violated the commission’s civility rules. It also hired an outside attorney to investigate whether Joseph’s comments broke the law.

In a report Action News Jax got last night, that attorney said Joseph likely broke Florida Statute 104.31, which says:

“No officer or employee of the state, or of any county or municipality thereof, shall use his or her official authority or influence for the purpose of interfering with an election or a nomination of office or coercing or influencing another person’s vote.”

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The attorney’s report claims “an objective fact finder could conclude her violation [of 104.31] was reckless and willful.”

Commissioner Joseph’s attorney, Brad Russell, filed the federal lawsuit against the board of county commissioners. Russell argues Joseph’s comments were protected by the First Amendment.

“Freedom of political speech is an absolute core right in our political system,” Russell told Action News Jax, “and that’s what this lawsuit is about.”

The lawsuit points to a 1978 Florida Attorney General’s opinion from a Fort Lauderdale case. In it, the opinion says:

“[Statute 104.31] does not prohibit elective officers from using their official titles with the writing and publication of open letters endorsing or criticizing candidates of public office.”

Florida law says violation of 104.31 comes with a criminal misdemeanor charge.

Also to note, Joseph named the state attorney for St. Johns County, R.J. Larizza, in her lawsuit. He would be the one to file any criminal charges. His office declined comment to Action News Jax, along with the county commissioners, including Joseph. Action News Jax also reached out to Florida’s First Amendment Foundation and the Florida Bar and we’re waiting to hear back.

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