Recordings capture Marco Island council member challenging police

Newly obtained recordings are shedding light on conversations between a Marco Island City Council member and police officers after a call about shark fishermen on the beach during sea turtle nesting season.Gulf Coast News obtained the recordings after a tipster raised concerns about interactions between Council Member Bonita Schwan and Marco Island police officers following a May 30 call involving beach ordinance enforcement.The recordings capture conversations between Schwan, a responding officer and a police sergeant after officers encountered a group of shark fishermen on Marco Island Beach.According to officers heard in the recordings, the fishermen had valid fishing and shark fishing permits. Officers said the group was found with chairs and other manmade objects on the beach after 9 p.m., which is prohibited during sea turtle nesting season.Officer Noah Annicelli told Schwan the fishermen removed the items after being advised of the ordinance and were issued verbal warnings rather than written violations."So I just told them to remove all the manmade objects off of the beach," Annicelli said in the recording. "And I just let them off with a warning."Schwan questioned why officers did not issue written violations."Why are you not issuing an NOV (Notice of Violation), an actual warning?" Schwan said. "Why are you not doing that?"After speaking with Annicelli, Schwan requested a call from a supervisor.In a second recording, Sgt. Richard McEllroy explained that officers often use discretion and education when dealing with first-time offenders who comply with requests."If that's their first time out there, we want to kind of err on the side of education," McEllroy said. "As long as they comply with our request in a reasonable amount of time, we just give them a verbal warning."Schwan again questioned the decision."But that's not what City Council told you to do," she said. "We said we want that enforced."The conversations stem from a broader debate over nighttime shark fishing on Marco Island beaches.Earlier this year, city leaders considered restricting overnight fishing during sea turtle nesting season after concerns were raised about an increase in sea turtle "false crawls," when turtles come ashore but do not nest.However, representatives with the Florida Fish and Wildlife Conservation Commission told city leaders the issue was more likely related to lighting from nearby condos and hotels, not necessarily fishing activity. The proposed restrictions were ultimately pulled.The Marco Island city charter states that:"Except for the purpose of inquiry, the Council and its Members shall deal with the administrative service solely through the City Manager and neither the Council nor any Member thereof shall give orders to any subordinates of the City Manager, either publicly or privately."Gulf Coast News asked interim Police Chief Joseph Belardo about the recordings.Belardo said officers acted professionally and within department policy."In this case, our officers responded professionally, just like they would for any other call," Belardo said.Belardo also said verbal warnings are considered a form of enforcement and that officers have discretion when people immediately comply with requests."When we ask people to comply, and they comply immediately, that satisfies that need," he said.When asked whether he believed the interactions raised concerns under the city charter, Belardo declined to comment."I'm not in a position to comment on that," he said.Belardo said the department has not opened an internal investigation because no complaints were filed by officers and no complaints were received regarding the incident.Gulf Coast News attempted to speak with Schwan Monday before a city budget workshop. Schwan declined to comment.DOWNLOAD the free Gulf Coast News app for your latest news and alerts on breaking news, weather, sports, entertainment, and more on your phone or tablet. And check out the Very Local Gulf Coast app to stream news, entertainment and original programming on your TV.