By David Cázares
Miami Bureau

March 15, 2002

Gov. Jeb Bush has removed Miami-Dade County State Attorney Katherine Fernandez Rundle and her office from an investigation into whether opponents of the county's gay rights amendment committed any improprieties in their petition drive for a fall referendum.

In an executive order signed this week, Bush appointed a special prosecutor to look into complaints that Take Back Miami-Dade, a group that successfully fought for a September referendum on the amendment, fraudulently obtained signatures on its petitions.

Bush said a special prosecutor was needed because Rundle received the endorsement and donations of a political action group for Save Dade, a gay rights organization, in her 2000 re-election campaign.

To avoid any appearance of a conflict of interest for Miami-Dade prosecutors, the case will be assigned to Polk County State Attorney Jerry Hill, the governor said.

The governor's decision was hailed by members of Take Back Miami-Dade, who for months have pressed Rundle to disqualify herself and her prosecutors. "It would have been impossible for her to have been impartial," said Eladio Jose Armesto, a spokesman for Take Back Miami-Dade. "We have never had any problems with a legally justified impartial investigation."

In a letter to Rundle, Charles Canady, general counsel to the governor's office, said he was concerned that the contribution she received from the gay rights group might make it inappropriate for Rundle's office to investigate the group's opponents.

Canady cited a civil suit Save Dade filed seeking to throw out the petitions that refers to her investigation. "This civil lawsuit demonstrates the direct connection between the political objectives of Save Dade and the subject of the criminal investigation being conducted by your office," Canady said.

"In light of Save Dade's political support for you, a reasonable person would be concerned that the results of the investigation being conducted by your office could be unduly influenced by the political objectives of Save Dade."

Rundle declined to comment, said Ed Griffith, a spokesman for the State Attorney's office.

But Save Dade officials said they worried that moving the investigation to a state attorney in Central Florida would hinder a thorough investigation.

"What is really puzzling to us is why this would be moved so far from Dade County, where it's going to be very difficult for the Polk County state attorney to investigate," said Georg Ketelhohn, chairman-elect of Save Dade.

Staff Writer Madeline Baró Diaz contributed to this report.

David Cázares can be reached at dcazares@sun-sentinel.com or 305-810-5012.