Marathon City Councilman Cleared

A Marathon city councilman did not violate Florida statute by using an image of the city seal in an endorsement video for a Monroe County Commission candidate, the State Attorney’s Office has concluded.

“The allegation does not rise to the level of criminal prosecution,” Investigator Christopher Weber wrote in his October 25 close-out memorandum of his investigation.

A complaint, received anonymously October 16, alleges “unauthorized use of official seal” by Councilman Dan Zieg in his endorsement video for Marathon Mayor Michelle Coldiron, who is running for the County Commission District 2 seat in the November 6 election.

The video, shot by Cliff Rydell of TV88 LLC, was recorded in Marathon City Council chambers. “Rydell said he was set up outside the City Hall and ready to begin filming when Zieg came out of the building and asked him to come inside. Zieg led Rydell to the council chambers where the video was ultimately filmed,” Weber wrote in his report.

The city seal is “prominently displayed in the background during the recording process.”

“During the video, Zieg identified himself as a city of Marathon council member, however, Zieg does not indicate that he is speaking on behalf of the city of Marathon, the city of Marathon council or anyone other than himself individually,” Weber wrote.

Weber said he investigated under Florida Statute 165.043: “The governing body of a county or municipality may, by ordinance, designate an official county or municipal seal. The manufacture, use, display or other employment of any facsimile or reproduction of the county or municipal seal, except by county or municipal officials or employees in the performance of their official duties, without the express approval of the governing body is a second degree misdemeanor punishable as provided in s. 775.082 or s.775.083.”

Weber asked City Clerk Diane Clavier to determine the history of the seal used in the City Council chambers and she and City Attorney David Migut provided a statement that reads “they both completed a due diligence search of Marathon records, resolutions and ordinances, and there is no evidence that any seal for the city of Marathon has ever been officially adopted.”

“The language of the statute would appear to require an adoption of the seal by ordinance in addition to a failure to acquire permission to use an adopted seal. With both being prerequisites to prosecution or as element of the crime,” Weber wrote.

City Manager Chuck Lindsay told Weber he was not aware of any request for anyone to film a promotional video in council chambers.

“While in this instance there does not appear to have been a request to utilize council chambers for a political endorsement, there is no evidence that the seal used in Marathon council chambers has ever been officially adopted. With that in mind and with the knowledge that the adoption by ordinance is a prerequisite to prosecution, this case is closed with no further action,” Weber wrote.

State Attorney Dennis Ward recommends the Marathon City Council officially adopt the seal through an ordinance or resolution to forestall any future controversy.

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