Will they or won’t they?
That has been the question looming in Bradenton Beach since three city commissioners voted Sept. 22 to initiate forfeiture proceedings against Mayor Bill Shearon.
At a special meeting Oct. 6 the commission continued to go forward with the proceedings, but delayed hashing out the resolution that would outline the process.
City Attorney Ricinda Perry drafted the resolution, however, Shearon had submitted a draft ordinance of his own Oct. 3 that contained some points that Perry deemed valid.
She did a side-by-side comparison of the two documents and offered her recommendations.
Ultimately the commission voted 3-2 to postpone making any final decisions at that meeting. The mayor was joined in voting for the delay by Commissioners Janie Robertson and Ed Straight.
Perry was charged with putting together another draft resolution, which will be reviewed by the commission at its next meeting at 1 p.m. Tuesday, Oct. 14.
The gallery was filled for the Oct. 6 meeting. Many of the public comments were in favor of the mayor. Among his supporters was Carl Parks, a resident of Bradenton Beach for more than 14 years.
Noting that the mayor had won his seat in a contested election, Parks, who has chaired the Scenic WAVES committee for 10 years, stated, “Obviously, the voters felt that this city was headed in the wrong direction, and there was a hue and cry for new leadership. Now it seems that a few unelected officials are trying to stage a coup that would undo the will of the people.”
Barbara Rodocker, owner of BridgeWalk and Silver Surf resorts in Bradenton Beach, called for the mayor to step down.
Vice Mayor Jack Clarke first introduced his forfeiture plan at a Sept. 16 commission workshop. He told Shearon his purpose was to “examine your authority, the city’s policies and, if need be, hold you accountable.”
At that meeting, Clarke read from a nine-page complaint in which he outlined what he claimed were examples of Shearon’s offenses.
Clarke then called a special meeting at which Commissioners Jan Vosburgh and Straight joined him in overruling Robertson on a motion to begin ousting the mayor.
While the city charter does not provide a detailed forfeiture of office procedure, it does provide for forfeiture under certain conditions, of which only two might possibly apply to Shearon: Violates any standard of conduct established by law for public officials; and is physically or mentally incapable of performing the duties of office.
Lacking specific guidelines, city attorney Ricinda Perry advised that the commission normally relies on Robert’s Rules of Order. However, Perry reported she found that the relevant rules were not suited to other city statutes. She then was charged by the commission with researching the process.
Perry proposed a modified forfeiture procedure at the Oct. 6 meeting that called for, among other steps, the mayor to recuse himself from the proceedings, which she described as a “quasi-judicial public hearing, including presentation of evidence and sworn testimony.”
Perry suggested the final decision regarding the forfeiture should be made by a majority of the remaining members — minus the mayor — via a resolution, including a statement of the grounds for removal.
Prior to delaying their review of the resolution, commissioners heard alternatives to the forfeiture proceeding from the mayor and Robertson.
In addition to “Drop the whole thing,” Robertson’s proposals centered around separating fact from opinion in Clarke’s accusations and enumerating actions required of Shearon to remedy Clarke’s issues. She also advocated for a discussion on what the forfeiture process would entail and for the consideration of a recall campaign.
No discussion followed her comments.
At the Oct. 2 commission meeting, some residents took the opportunity to voice opinions on the forfeiture actions.
Among them was Rick Bisio, former chairman of the planning and zoning board.
“I find the path that the commission is currently considering disturbing,” Bisio said, before launching into a brief lesson on democracy.
“Forfeiture of office,” he said, “nullifies the will of the people.”
Bisio characterized forfeiture as a “tool that is designed to be used when there is no time to measure the will of the people for the violation is so blatant, so immutable that immediate actions have to be taken.”
Bisio then outlined the recall process, noting that citizens in Anna Maria undertook a recall in recent years.
Bisio then recommended another alternative to the commission, one where “everyone grows up and realizes that there are differences of opinion — that’s simply part of the democratic process. The art of governing is not running over your opponent at all costs.”
Bisio urged the commission to refocus on the many “very real issues” it faces. “The decisions you make over the next week will create your legacy,” he stressed.
Bradenton Beach resident Michael Harrington also weighed in, reminding commissioners, “we hired and voted for you people to take care of the business of this city.”
Before concluding his remarks, Harrington addressed Vice Mayor Jack Clarke, saying, “if you want the mayor’s job so bad, run for it like Mr. Shearon did.”
Clarke will take over the role of mayor if the forfeiture proceedings against Shearon were to be successful.
But Clarke is not alone in his attacks on the mayor.
Caryn Hodge, marketing director for the Chiles Restaurant Group, circulated a corporate email that included approval from restaurant-owner Ed Chiles to a list of her friends and colleagues, some of whom reside outside of the city. Hodge asked for help “to move the forfeiture of Bradenton Beach Mayor Bill Shearon forward.”
Chiles has a lawsuit pending against the mayor that seeks to diminish his powers in office.
Hodge further noted that “we,” presumably the restaurants, “are also circulating a petition to show citizen support for moving the forfeiture forward.”