Comments from Bradenton Beach Mayor Bill Shearon

Meeting Procedure

I question this meetings intent, and the proper procedure for the most severe action against the Mayor. The Charter states the offenses; however it fails to state the procedures.

To provide over eight pages of opinion, questionable statements, complete disrespect, and few facts, is premature.

The proper protocol would be to determine the necessary procedures, legal responsibilities and necessary criteria prior to making acquisition in public meetings.

I believe this meeting is inappropriate for the following reasons:

Special meeting called per Charter. No consideration was given for the availability of two Commissioners.

Due to the Mayors responsibilities, he had only the weekend to partially address the issues. Lack of consideration for adequate time is not due process. A special meeting of this magnitude without following normal procedures is not due process. I reserve the right to challenge the intent and proper procedures of this meeting. Due to the public noticed meeting and the need to address the issues prior to formal procedures I will provide comments on the agenda item with the intent that Commission will consider the challenges and cost of forfeiture of the Mayor.

 

Mayor & Commission Issues

Public Records access is a right by State Sunshine statutes.

The City has to respond in a timely manner with all documents. Until all documents are electronically available, excessive costs and resources will be uncontrollable.

Current concerns supported by facts:

Tom does not retain public records. The City will be required to re-capture his deleted emails at considerable cost and staff time.

Commissioner Vosburgh still chooses to use her personal email despite recommendations to use City email. City Business on personal email addresses is an issue due to archiving only being done on City addresses. Paper copies will only hinder the process. Like Tom, public records were deleted. See attached Attorney Barneby report. Final recommendation this week.

Vice Mayor and Mayor have supported public records electronically with little effort and full compliance.

I’ve been asked advised that Vice Mayor’s gmails through July contain 13 communications with Commissioner Vosburgh with no copy going to the Clerk. With additional due diligence forthcoming, Sunshine and Ethics violations could be new issues. Attached email indicating the concerns that the Mayor has no control over Public Records.

Computer System – Three vendors and numerous staff members were involved with no ultimate accountability.

The City Clerk will present to Commission a request for independent assistance.

Lawsuits are the right of the people. Until we can maintain complete records and update our policies and procedures, lawsuits will continue.

Employee harassment and Public Works employee concerns. The Labor Attorney report from his investigation by the end of the week.

Complete organization of Ordinances and ResolutionsLDC Completion to avoid lawsuits and provide standards for further construction.

 

Summary:

With all our dirty laundry now in the public, let’s work together to clean up the issues. To continue to dwell on the past means not focusing on the future. Let’s all re-evaluate our activities and avoid hidden agendas. We can agree differently and move the City forward.

Mayor’s response to the Sept. 16 Workshop handout

 

Example #1:

The computer add-on purchases were approved in concept by Commission within the Department Budget, The IT system was though out, but was changed by Commission and the Department Head terminated.

Despite my recommendation and vote, the Laser Fiche program is awaiting a Clerk, and Commission was advised the resources needed to enter all prior public records.

The Treasurer and I supported the project including the after the fact 365 program by Jamie Anderson procured through savings on utilizing State contract purchasing.

It was a Department Head decision.

The email system was changed by Commission at an additional unbudgeted cost of $12,000 that the Mayor voted against.

Mayor was the first to use the email system.

The Mayor did not have personal issues with the vendor.

The fact is I requested the vendor present proposals for Commission consideration.

To blame the Mayor for lack of oversight when he has no direct authority is inappropriate.

The Commission approved 50% more than the Mayor requested.

Commission changed the progression, going backward.

 

Example #2:

Karen Cervetto resigned and failed to be granted unemployment. Karen Perry was a minute’s clerk that did not meet Terri’s expectations as Clerk Pro Tem. Jamie was terminated by Commission despite my recommendation.

Tammy resigned primarily due to Commissions evaluation of Jamie.

The Mayors lawsuit was deemed unacceptable by Commission. To date, there has been no follow up and no judge assigned. All other lawsuits are prior, or not under the control of the Commission. People have the right to sue.

Public records requests are a right by State Law.

The Mayor has improved this by email archiving implementation and requests for staff and Commissioners to be accountable for public records that some have enjoyed.

On the hostile work environment claim, the Mayor authorized a Labor Law Attorney to investigate any claim’s, report due within a week. The investigation was within one week of written notification. Mayor is not aware of poor moral in other departments.

Personal threats and opinions are offensive and disrespectful. A workshop is inappropriate for holding a Mayor accountable.

 

Point by Point

There was no adequate notice for response to the numerous issues which were distributed as handouts at the meeting.

No Commissioners responded to the request to “discuss it.” The original back up to the September 16th Commission Workshop was never even discussed.

Mayor only recommends to Department Heads as their supervisor.

Re-organization of staff is a Department Head decision. Administrative oversight is the Mayors duty, not Commission.

Financial information is provided by the Treasurer. The Mayors activities are reported at every Commission meeting. Discretionary funds are available from the Treasurer. All funds are accounted for. Vendor work performed is more accountable than in the past. The Treasurer will be purposing a procurement policy.

Commissioners have the responsibility to request financial information. Vice Mayor Clarke was the Chair of the Budget Committee that met on a regular basis. To state that the Commission has no idea on financial information or control of funds is an insult to your committee.

Attorney fees and all payments are approved and checks signed by a Commissioner by the Mayor’s request.

The Stormwater issue was brought forward by the Mayor.

The issue has been neglected for years and Commission voted to make immediate changes and pursue permanent long range plans and changes in collections. Previous Commission-for years failed to budget the necessary funds for this long term project, No one reviewed Stormwater Fees in years with the result being, in some cases triple the fee to our property owners to bring in the necessary (that does NOT cover this project) funds to meet our commitment to SWFMD. The Mayor as a Department Head supervisor, with only a Clerk Pro Temp, had the responsibility to ensure the City could provide the services.

All necessary needs for emergency actions were within Administration budget and with Mayor informing Commission.

The hiring process was approved by Commission. The Mayor gave updates and provided background materials.

See email Commissioner Vosburgh sent to Vice Mayor Clarke (note – deleted). Public Records statement and questionable communications between Commissioners.

Commission chose not to request additional information (as they could have at any time) and accepted the Mayor’s recommendation unanimously in all cases.

It is the Mayor’s right and responsibility to share his concerns with staff.

The Mayor did not terminate Karen Cervetto. She resigned.

The hostile work environment was filed by a Department Head that has failed to communicate with his supervisor, the Mayor. He has agreed in writing to discontinue unacceptable activities. Being asked to be responsible and accountable is not creating a hostile work environment.

To state vendors, contractors and County relationships are threatened by the Mayor is offensive and disrespectful and only personal opinion.

The Mayor does not bless agenda requests. He requests notification as Administrative overseer and supervisor.

Mayor as Executive Head and Administrative overseer requires advance information to perform his responsibilities and provide resources to assist an agenda request. To further respond would be disrespectful to the presenter.

Meetings are a necessity to keep Commission informed and obtain the required approval of Commission. Due to numerous activities and unforeseen issues meetings are an unavoidable reality. The length of meetings are due to Commissioners that require answers to their concerns as they have not done due diligence prior to meetings.

The Mayors workshop approach was to address this issue, with 3 workshops cancelled due to lack of agenda items. Scheduling was changed due to assisting the Clerk Pro Tem. Mayor not only attends all City meetings, as a City representative attends numerous other meetings and functions on a weekly basis.

Written reports are the responsibility of the Department Head. For months no reports were provided and in some instances none were given at all, without concerns being expressed by the Vice Mayor or Commission. As Mayor I support staff in their concerns that written reports are a waste of time and resources. To add additional categories and expect staff to account for time spent for their activities is a burden especially when updates are provided at monthly Department Head meetings where Commission has the opportunity to ask for updates and everyone gets the information all at once, that is efficiency.

Mayor presents projects and improvements with staff to Commission on a regular basis for comments and approval.

Prior Administrative policies and approvals: In regards to ELRA, Mayor has no vendetta against Ed Chiles. I have no interest or financial interest in two citizen’s lawsuit. It is not the Mayors responsibility or authority to resolve this issue. Commission has the responsibility. Commission has chosen to delay DEP/FDOT permitting and any activity for seven years. The court case has no judge after two judges recused themselves. It will require excessive funds to pursue, in addition, as stated by Attorney Lincoln and City Planner Alan Garrett, a Comp Plan amendment will be required with a super majority vote, which is questionable, and funds to complete the project. If the plaintiffs win, everything has to be returned to prior condition. Storm hardening has differing expert opinions. Mayor has no agenda for this project. It far exceeds his responsibility or authority. If we “have all the tools” it is a Commission decision to resolve the issue and lawsuit. To respond to slanderous statements would be disrespectful.

 

Summary of workshop:

WITH ALL DUE RESPECT Vice Mayor Clarke continually confesses he is new to government with no past experience, and he was an unopposed elected official. He chooses to take advantage of the City’s massive amount of challenges. He has challenged the few policies and procedures that work and criticizes the process. His hidden agenda is to be Mayor without being elected by the people.

He convinced Commission to break decades of choosing the Vice Mayor by recommendation of the Mayor. I had little concerns when no Commissioner asked for it. After being seated as Vice Mayor, his criticism and activities to challenge the Mayor’s efforts are inappropriate behaviors.

His request will cost tens of thousands of dollars to pursue and take more time than both terms of office. Mayor will defend his “elected by the people” responsibilities and will seek a 2nd term to correct the City’s issues. That would be the appropriate time for the Vice Mayor to be chosen by the people to be Mayor.

Until this issue is resolved by Commission, Mayor will have no option but to make decisions to provide services to the people. Commission needs to support the Mayor and provide positive direction to move the forward.

A vote of confidence for the Mayor will allow Commission to control the City’s future. Mayor will reevaluate his approach to solving City issues. Let’s work together to get the team approach back by getting past previous unfortunate decisions.

 

Conclusion

I ran for Mayor because the City had issues that were unsustainable.

Before I was sworn in, I was advised by the Mayor “The City is in a mess; sorry I didn’t have time to clean up the mess.” The City auditor advised a meeting WOULD need to happen immediately after I was sworn in.

This was how I was welcomed as Mayor.

The team concept was, and still is my vision. Reality hit every day, numerous challenges continued to stress the system. This continues at a lesser degree every day. I relied on and received Commission support on assistance with the budget, check signing and other activities to address issues.

The next issue was that departments were commingled, with little responsibilities or accountability. This has been successfully addressed and been completed with the exception of public works.

In the past six months alone, I have received 2,159 emails totaling 6,575 pages. Addressing issues one at a time was not an option. The City Auditor and County Internal Auditor (provided by my request) confirmed time had run out.

Mayor with over site as Executive Head, with Commission support avoided State intervention.

With this additional responsibility I could not be just the Mayor, and I apologize if upon occasion my frustration and lack of needed support is expressed in a negative or unpleasant manner.

My management approach is not to complain or pass blame. I resolve the issues and move forward.

I will not waste your time trying to justify my decisions.

When you continually challenge my authority and restrict the City’s activities we all fail in our commitment as elected officials. I will complete my term.

The commission has always had the ability and the responsibility to set the City’s course, instead it is now placing blame.