Sarasota City Audit Finds Potential Criminal, Civil Violations

A forensic analysis of the City of Sarasota's e-mail network, information technology department and other computer files have revealed "potential statutory violations," according to a cyber security firm studying the issue.

The Sylint Group was brought in to examine if City Manager Robert Bartolotta and another city employee intentionally tried to erase e-mail and data from their computers. That led to the

The City Commissioners have called for a special meeting regarding this report at 2 p.m. Friday at City Hall.

John Jorgensen, president and chief executive officer of Sylint Group, wrote to Nadalini in a Dec. 29, 2011, letter released today that the City Commissioners should "carefully considered the activities necessary to determine the potential violations of Statues and Laws to include Public Records Request, Florida Sunshine Law, Whistle Blower Protection and Federal and State Computer Fraud and Abuse Act." 

The investigation is so complex and serious, Jorgensen wrote, Sylint's work is not finished on the final report. 

The main issues are:

• Unauthorized access, search and distribution of City of Sarasota e-mails, including exempt e-mails containing personal identifiable information, personal health information and ongoing investigation information. 

• Inability to "fully resolve deleted e-mails" without further technical evaluation of the Exchange system because of the city's Exchange system issues and operation of the e-mail Archive Manager and Journal.

• Information Technology Department's lack of Exchange e-mail system operational knowledge.

Bartolotta wrote Nadalini in an e-mail this morning that he is unhappy with the lack of information being released and requested an open records request himself about the investigations being done:

"This is a formal open records request for all information, records, draft reports, e-mail correspondence, faxes,  or any other materials  related to the above two outside consultant studies.  It is my understanding that both reviews are currently in draft form.

"I do not believe these reports are exempt from the open records law since they are not internal audits being conducted by the internal auditor but rather outside consulting reviews.

"If in fact it is your position that these are internal auditor reports then I request copies of them consistent with your normal internal auditing procedures.  As you know all internal audit draft reports are reviewed by the subject being audited prior to release.

"This has NOT yet been done. Instead it appears that your intent is to release these in an open meeting on Friday prior to anyone reviewing them.  WHERE IS THE TRANSPARENCY? 

"I am very concerned with the manner in which these two reviews are being conducted.  Neither [Deputy City Manager] Marlon [Brown] nor I have been interviewed by the consultants.  It appears that there is some ulterior motive behind the way that these reviews are being conducted.  No other review, investigation or audits have been handled this way. It is inappropriate to be treating this office in a different manner.  Marlon and I have cooperated fully in assisting you in reviewing an anonymous complaint from Mr. Bob Johnson.  We feel that we are not being treated in a fair manner."

Bartolotta also told Patch that he requested this information Friday and was denied access.

The commissioners have not been briefed about the letter yet, Commissioner Shannon Snyder told Patch, and could not comment because he has not read the released agenda packet.

This article has been updated.