Post-Mortem of a Public Relations

Disaster
A Lesson: What Wakulla Sheriff David Harvey Did Right and Did Wrong –
And What He Could Have Done
There are some times no good way out of a public relations nightmare – sometimes only a minimum of
damage.

The decisions you make as the actions and timelines unfold can determine how well – or badly – you
emerge from what is ostensibly a slow-motion car wreck.

This happened between February 20th and March 6th when Wakulla County Sheriff David Harvey, after
consuming alcoholic beverages, left the scene of an accident, and a series of very poor public statements
strongly played into the public perception of special treatment and a good-ole-boy system that protects
and gives a free pass its own while lamenting any outside review of the incident and resulting actions.

This is not to rehash the implications of any alleged official misconduct, but simply to look at the public
relations aspect of the those involved, from County Commission Chairman Howard Kessler, to Sheriff
Harvey, to his Deputies, State Attorney Willie Meggs, and Steve Brown, a friend of Harvey.

In the analysis portion of each item, I’ll add what my suggestions would have been to attempt to
mitigate the damage.

But first, a review of the basic facts.

On the evening of Friday, February 20th, Sheriff David Harvey and friend Steve Brown consumed alcohol
while playing golf at Wildwood Golf Course between 3:00 and 7:00 PM. After their departure, Sheriff
Harvey went to Spring Creek Restaurant for dinner. 1

While returning home at approximately 9:00 PM, Sheriff Harvey veered off the road, purportedly
“distracted” and hit a parked car, belonging to Kara Wright who was inside the vehicle with her
daughter, causing $3,000 to the Sheriff’s county-owned vehicle and over $500 to Kara Wright’s car.

Instead of pulling over Sheriff Harvey drove a ½ mile to his house where he contacted his own deputies
to report an accident. At the same time, Ms. Wright contacted 911 to report being hit. The Florida
Highway Patrol was the first to show up on the scene followed by a Wakulla County Sheriff’s Office

1
Tallahassee Democrat On-Line, “Friend says Wakulla County Sheriff David Harvey wasn't drunk the night of hit-
and-run crash”, http://www.tallahassee.com/apps/pbcs.dll/article?AID=2009902280337
Deputy. The Deputy dismissed the Florida Highway Patrol from the crash site, taking over the
investigation despite the fact the Sheriff’s Office rarely handles minor car crashes in Wakulla. 2

No citation was issued at the time of the accident though there was clear evidence that Harvey not only
was careless driving and left the scene of an accident. Citations were issued five days afterward after an
investigation by State Attorney Willie Meggs. 3

When this broke in the local media, the Sheriff’s office went into circle-the-wagons mode, and the
community divided into opposing camps loosely defined around reformers and those who wish to
maintain the status quo.

What followed was a series of public statements and actions that mostly only made the situation worse.
I’ll only look at the individual actions and statements, giving an analysis of each for the various players
involved.

An Outside Investigation – Your Friend State Attorney Willie Meggs or

Something More Objective?
When the story initially broke and there was a public outcry of preferential treatment, Sheriff Harvey
requested State Attorney Willie Meggs to conduct an investigation to deal with public “dissatisfaction.”

Harvey-foe and County Commission Chairman Howard Kessler immediately called for Governor Charlie
Crist to order an outside investigation led by the Florida Department of Law Enforcement, saying that
Sheriff Harvey shouldn’t be able to “pick and choose” who conducts the investigation. 4

Crist declined to investigate the incident stating the case has moved through the "criminal justice
system, which is the appropriate venue for the infractions cited." 5

Analysis
This was a clear winner for Kessler for two reasons. He was willing to stand up to the Sheriff and show
leadership by requesting an outside investigation while other commissioners have sat on their hands. In
addition, Kessler was attacked on the Tallahassee Democrat and WCTV blogs by many of the Sheriff’s
allies to the affect of “if you don’t like Wakulla move out” and “you’re always causing problems”,
“you’re not from around here”, etc.

This played into the public perception that Sheriff Harvey, or at least by the actions of his apologists, was
being given a pass because he is a Wakulla native and the Dean of Florida Sheriffs.

2
WCTV, “Wakulla County Commissioner Asks Governor Crist to Look Into Sheriff Harvey Crash”,
http://www.wctv.tv/home/headlines/40141172.html
3
WCTV, “State Attorney Completes Hit and Run Investigation Involving the Wakulla County Sheriff”,
http://www.wctv.tv/home/headlines/40317512.html
4
WCTV, “Wakulla County Commissioner Asks Governor Crist to Look Into Sheriff Harvey Crash”,
http://www.wctv.tv/home/headlines/40141172.html
5
Tallahassee Democrat On-Line, “Crist declines to investigate Harvey”,
http://www.tallahassee.com/article/20090307/NEWS01/903070316
Kessler also scored points by largely staying silent, letting his surrogates put the pressure on for a
continued investigation. However, this in itself is risky in that should the surrogates keep up the attack
once the public feels an appropriate punishment has been handed down and be ready to move on, the
public will turn on Kessler.

As it is, the punishment handed down to Sheriff Harvey on Tuesday, March 3rd, includes administrative
probation, a public apology, fines, court costs, and restitution – a punishment that is fair and just in the
eyes of many.

So now the ball is in Kessler’s court. He would be advised to back off and continue moving forward with
the county’s business.

Sheriff Harvey lost on selecting Meggs to conduct the investigation. Their personal relationship was
viewed by many as too close to objectively review the facts. Meggs acknowledged his friendship with
Harvey and going to far as to claim to never have been to Sheriff Harvey’s house. However, WCTV
discovered Harvey’s fundraising campaign material that showed Meggs as a member of the campaign
host committee. 6

Meggs’ findings and resulting citations for careless driving and leaving the scene of an accident further
played into the controversy because the charges were viewed as too light and not comprehensive
enough as evidence was uncovered that Harvey was drinking prior to the accident. 7

However, this is probably the best outcome, and while a public relations loser, it was the best legal
outcome Harvey could hope for.

In addition, the speed at which Harvey moved the case through the courts largely pre-empted an
outside investigation as he couldn’t be charged with the same crime.

Lesson: If you even suspect you’ll be called out and to avoid impropriety, don’t get your friend with
whom you work to conduct an investigation. However, you may sometimes decide to take a public
relations hit if it will help your legal issues and thus your long-term public relations.

Sheriff’s Office Policies – They Apply to Everyone, Except the Sheriff

Wakulla County Sheriff’s Captain Bill Poole, when asked why urinalyses wasn’t conducted on the Sheriff,
despite policies of tests when there’s vehicular damage in excess of $500, stated to the Tallahassee
Democrat, “he's the sheriff of the county. The policy doesn't apply to him.”

He also stated that alcohol wasn’t a factor despite having no evidence one way or the other.

6
WCTV, “State Attorney Meggs and Sheriff Harvey's Relationship Under Microscope”,
http://www.wctv.tv/news/headlines/40388732.html
7
Tallahassee Democrat On-line, “Updated: Wakulla sheriff admits to using poor judgment, says 'I screwed up'”,
http://www.tallahassee.com/apps/pbcs.dll/article?AID=2009902250316
Analyses – Know When to Shut Up
Captain Poole scores major points for being loyal, but scored a decisive defeat for the Sheriff. As with
the hand-picked selection of Meggs to conduct the investigation, Poole’s statement threw jet fuel on an
already roaring flame at this point.

Statements that show you are exempt from the policies those under you must follow are a major no-no.
Further, don’t make statements that you don’t know to be true or untrue.

You have only your reputation and your word with the media. If either falters, your credibility with them
will be shot and no one will take you at face value.

Lesson: If you get caught flat-footed by a question, a simple “I don’t know”, while certainly not
desirable, is far better than “it doesn’t apply to him.” Also, don’t let your people speak to the media if
you even remotely suspect they will say something that will embarrass you and cause further
problems.

The Mea Culpa

Sheriff Harvey, after five days, issued a very sincere apology on Wednesday, February 25th. His apology
was very sincere, humble, and contrite: “I screwed up”, “the citizens deserve better, so I’m going to do
better” and “in these kinds of situations, you feel remorse, you feel embarrassment, you feel like you let
down your citizens, your family, especially yourself. That’s the big one, but there’s always extenuating
circumstances. I’m a human being. I’m not perfect.” 8

But while apologizing he also stated that he drove off because he knew there were no injuries. 9 How he
could know this was not explained. He also seemed to excuse his own actions, stating “there’s always
extenuating circumstances.”

Also, Wright, though her attorney Brian Wolk, has filed noticed with Wakulla that she intends to file a
claim for damages and injuries suffered in the accident. 10

On Tuesday, March 3rd – a full 1 ½ weeks after the initial accident and part of his plea deal which
includes administrative probation and restitute, he issued another apology that stated:

“As sheriff, I should be held to a higher standard and my actions in this matter
have not met those standards. For this reason, I accept the court’s disposition
and, in turn, accept full responsibility for my conduct and am truly remorseful for
the pain I caused. Again, I would like to apologize to the victims of the crash and

8
Tallahassee Democrat On-Line, “Updated: Wakulla sheriff admits to using poor judgment, says 'I screwed up’”,
http://www.tallahassee.com/apps/pbcs.dll/article?AID=2009902250316
9
Ibid.
10
Tallahassee Democrat On-Line, “Updated: Gov. Crist's office declines to request FDLE investigation into Harvey
crash“, http://www.tallahassee.com/apps/pbcs.dll/article?AID=2009903060333
 the general public for my transgressions. It is my duty moving forward to regain
your trust and respect.” 11

This is the apology he should have issued the first time.

Analyses – Apologize Early and With the Victim

His first apology fell short on three fronts: it was five days after the accident; he made apologies to
everyone except the victim, though he did leave her a voice mail saying he was sorry – he never spoke
directly with her; and he seemed to excuse his own actions, stating “there’s always extenuating
circumstances”, though not explaining what they are.

The second apology – though required by the courts – seemed much more genuine and reflects that he
knows he lost the trust of most except his staunchest supporters.

Voters are very forgiving and like to see the human-side of their elected officials, who often time give an
air of being near omnipotent. However, they do not like being lied to and will punish you as much for
lying and deception as opposed to the acts for which you’re charged.

In this situation – and especially with it happening on a Friday night and over a weekend, traditionally
slows news periods, Sheriff Harvey on that Saturday should have made the public apology to the
community after he spoke personally with the victim. In addition, he should have offered for the county
to pay for the damages or, at the very least, to pay the deductible for her repairs and a rental. As it is,
that is part of his plea deal with the court in the form of victim restitution.

In addition, he wouldn’t have had to explain every time after the initial explanation. A simple statement
of “yes, I screwed up” would suffice. He would have – and as it did occur - be pressed to give further
details and run the risk of giving additional information.

He could have – and should have - headed this off at the beginning and should have.

Lesson: If you’ve done wrong, you’re best served to admit it early, apologize, and offer steps to
correct the damage. You also deprive your opponents an opportunity to embarrass you taking
liberties with the circumstances.

How Do You Plea?

On Wednesday, February 25th, the same day Harvey apologized, Fred Conrad, Sheriff Harvey’s attorney,
issued a written plea of not guilty.

However, Conrad explained “that does not mean that the sheriff has made a decision to contest the
charges.” 12

11
Tallahassee Democrat On-Line, “Updated: Sheriff Harvey says he's accepting 'full responsibility' for his conduct”,
http://www.tallahassee.com/article/20090303/NEWS01/903030312&referrer=FRONTPAGECAROUSEL
Conrad later stated, “What's different from this case compared to many others is that the client from
the outset instructed me that he did not want to contest these charges." 13

Analysis – Don’t Say You’re Not Guilty if You Are

Apologies are risky strategies. By apologizing for an action you are implicitly admitting you’re guilty,
even if you don’t explicitly state that you are. Generally, you acknowledge you caused embarrassment
or pain to your family, neighbors, or community, but you don’t explain the specific causes.

In the mind of the public by apologizing for the pain, you are indeed apologizing for those specific
causes.

By entering a plea of “not guilty” Harvey indicated he was going to challenge the case and threw the
sincerity of his apology in doubt. The public asks itself, “If he apologized, why didn’t he plead no
contest.”

Harvey should have told his attorney to file a plea of no contest.

Lessons: Never allow your attorney to speak to the media. Also, legal and public relations are a
delicate balancing act. Sometimes, though, public relations should determine legal strategy. It does no
good to win the legal war if you lose the public relations war, unless it keeps you in office or out of
prison, though you may not win re-election. It’s important to note, though, that this is on a case-by-
case basis.

The Well-Meaning Friend

On Thursday, February 26th, Steve Brown, a friend of Harvey and with whom he was with the afternoon
of the accident, acknowledged he and Harvey shared a single alcoholic beverage between 5:30 PM and 7
PM. After 7 PM, Harvey went to a Spring Creek Restaurant.

But Brown is convinced Harvey didn’t drink at this restaurant: “Spring Creek doesn't serve nothing but
beer and wine, and he doesn't drink beer and wine."

The restaurant owner reported that Harvey had a glass of wine. 14

Analysis – You Don’t Need Enemies When You Have These Friends
Your friends, while well-meaning and supportive, can hurt you. Acknowledging that you’ve been
drinking before a crash can kill your public relations and legal strategy.

Harvey should have advised Brown to not speak with the media.

12
Tallahassee Democrat On-Line, “Updated: Wakulla sheriff admits to using poor judgment, says 'I screwed up’”,
http://www.tallahassee.com/apps/pbcs.dll/article?AID=2009902250316
13
Tallahassee Democrat On-Line, “Crist declines to investigate Harvey,”
http://www.tallahassee.com/article/20090307/NEWS01/903070316
14
Tallahassee Democrat On-Line, “Updated: Sheriff Harvey says he's accepting 'full responsibility' for his conduct”,
http://www.tallahassee.com/article/20090303/NEWS01/903030312&referrer=FRONTPAGECAROUSEL
Lesson: Advise your friends and confidantes to not speak with the media regarding the case. Re-Cap

This analysis has attempted to cover the various turning points that resulted from Harvey’s accident and
the lessons learned from each. Here is a summary of the lessons:

• Lesson: Make sure you ask for a neutral party to conduct an investigation. The objectivity and
fairness of the person you selected can be called into question if you have too close of a
working relationship with him or her. However, there are exceptions and this must be taken
on a case-by-case basis. You may decide to take a short-term public relations hit if it will help
your overall legal strategy and long-term public relations.
• Lesson: Say “I don’t know” to a question if you don’t know that answer. Don’t give answers
that suggest there are double-standards in your practices and policies and how they affect not
only yourself but those who work for you. Or, worse, don’t give a wrong answer or lie.
• Lesson: If you know you’ve done wrong and will likely be publicly acknowledged, you are
better served to admit it yourself, snatching from your opponents the opportunity to
embarrass you. Also, you can begin defining the circumstances and situation. In addition, you
should also apologize to all parties, outline steps you’ve taken to make corrections, and offer
restitution, if needed.
• Lesson: Never allow your attorney to speak to the media. While he or she may be an excellent
attorney, their statements and actions can severely damage your public relations if those
actions appear to be the opposite of what you say. Always remember: you have your word
and your friends. If you go back on either one, you’re dead.
• Lesson: Legal and public relations are a delicate balancing act. You must balance the needs of
each when making a decision. But make sure you’re legal decisions reinforce your public
relations decisions and vice versa. If one undermines the other, your creditability and sincerity
will be called into question.
• Lesson: Advise your friends and confidantes – especially the ones involved – to not speak with
the media. Though they are your strongest supporters, they also run the risk of doing a vast
amount of damage, if they’re not experienced at dealing with the media. They can
unnecessarily cause you embarrassment by revealing damaging information that otherwise
wasn’t public in their attempts to explain.

What Could Harvey Have Done?

Harvey should have known better than to put himself in that position to begin with. However, after the
first phone call from the media, Harvey should have known scrutiny was about to come down on him
and the Sheriff’s Office.

His first actions should have been to contact his attorney and his public relations person to put together
a plan. From there he should have:

1. Called and apologized to the victim, offering to pay for the repairs;
 2. Acknowledge publicly that he and his staff made mistakes in how it was handled. Admit you will
be ticketed. Apologize publicly to all parties and to the community. It’s possible, though not
highly likely, that this could have stopped the PR fall-out before it happened;
3. If the public wasn’t satisfied with the apology, ask Meggs for an investigation. But, Chris, you
say, you said you shouldn’t pick your friends to perform an investigation if you’ll be scrutinized
for it! Ordinarily, this is correct. But in this case Meggs gave him the best possible legal outcome;
4. Harvey should have immediately ordered his attorney to file a no-contest plea and not speak
with the media; and
5. Harvey should have asked his friends and acquaintances to avoid the media.

Two Steps Harvey Can Take to Re-Gain the Public Trust

There are two key steps to re-gaining the public trust. Both of these steps may seem counter-intuitive
because it would appear from Harvey’s side to capitulate to the opposition. However, by taking the
steps, he at this point in time would build goodwill with the voters of the county.

Voters in general are divided into three categories: your supporters, the undecideds, and your
opposition.

Your opposition will obviously never vote for you and you can safely write them off. Your supporters – as
this incident has shown – will stick with you through all manner of trials and tribulations. It’s the
undecideds where you must concentrate your efforts.

Generally speaking, undecideds may support the challenger. But by co-opting some of your opponent’s
position, you take that position as your own while marginalizing your opponent. It’s also part of growing
as an elected official and realizing times are changing and you must change with them. Otherwise, you’ll
be on the scrap heap of electoral defeat.

With this in mind, Harvey can take two steps to build back the public trust.

First, enter acknowledge a problem with alcohol and enter addiction treatment. This will silence his
critics who demand to know how he will stay sober as part of his court-ordered punishment to avoid
alcohol for 3 months. It also shows he’ll be proactive in reinventing himself for the new age that has
already arrived and that Wakulla has resisted.

The second step is to order a full financial and operational audit of the Sheriff’s office. Here, he’ll silence
his critics by co-opting their agenda. His supporters will simply be reinforced in their opinions of Harvey.
A portion of the undecideds will be swayed in thinking Harvey is indeed modernizing and ushering in
fairness.

These two steps, as implied, also shield him from criticism for the next election, should he decided to
run again. Even if he chooses to not run, he will have laid the ground work to emerging later as an elder
statements and representative of Wakulla County who represent our most human strengths and
weaknesses.
It’s better to lead the change instead of having change foisted upon you in the form of defeat at the
polls.

Minor accidents that happened to Harvey don’t have to turn into public relations disasters. By taking a
few common-sense steps and thinking through your decisions, you can likely head-off a full-fledged
meltdown – and possibly come out better in the long-run.

Chris Akins serves as the Executive Director of the Corrections Foundation, the non-profit direct support
organization for the Florida Department of Corrections. He is a certified webmaster and owns Akins
Campaign Strategy, offering general consulting to Republican candidates and conservative causes. He is
a former field director for the Republican Party of Florida. During his time he drafted and coordinated the
Rural County Initiative which resulted in Republican victories in rural North Florida counties for the first
time since Reconstruction. He can be reached at chris@acstrategy.com or at 850-345-0269.