A month to the day after Bradenton Beach Vice Mayor Jack Clarke first voiced his intention to begin forfeiture proceedings against Mayor Bill Shearon, the city commission has a plan for moving forward.
The commission hammered out a resolution that outlines the procedures for forfeiture during a meeting Oct. 16 that lasted more than five hours.
The packed agenda also included a presentation by attorney Robert Lincoln on behalf of ELRA Inc. on Gulf Drive properties affected by preservation zoning issues and a vote to terminate the lease and concessionaire agreement for the city pier. But it was the forfeiture discussion that once again packed the chambers.
At their Oct. 6 meeting, commissioners charged city attorney Ricinda Perry with preparing a second draft of Resolution 14-827 to incorporate selected verbiage from a document submitted by Shearon, as well as some suggestions from commissioners and the public, including John Metz, an attorney who serves on the planning and zoning board.
The most significant addition was language that allowed the commission to seek the advice of outside counsel or the special master at any time during the proceedings. The commission also agreed that suspension of an elected official involved in forfeiture proceedings would require a super majority — four votes to one vote.
Perry will present a final version of the resolution at 10 a.m. Tuesday, Oct. 28.
Prior to the resolution discussion, several residents spoke, including Commissioner Jan Vosburgh, who descended from the dais to deliver a petition she said was signed by 113 people, including herself.
“We the undersigned,” Vosburgh read, “hereby petition the commission of the city of Bradenton Beach to formally acknowledge our support of the commission action of Sept. 22, 2014, to initiate a forfeiture of office of Mayor William Shearon.” She stated that there were 113 signatures of homeowners, business owners and others.
Metz made a repeat appearance before the commission, again proposing changes to the resolution. After distributing copies of his suggestions to the commissioners, he spoke to one item in particular.
Metz encouraged the commission upon receipt of a petition for forfeiture to submit that petition to the special master.
This, he said, would enable them “to get a non-binding opinion as to the probable cause to proceed with the petition for forfeiture.
“This would present an opportunity whereby an unbiased third party who is a lawyer could look at the petition and evaluate it both on a legal and factual basis as to whether it has the legs to really proceed.”
Metz stressed that such a vetting would have been very useful in the current forfeiture proceedings.
“Up to this point,” he said, “no one has identified what the standard of conduct established by law is that the mayor has supposedly violated.”
Following Metz’s remarks, Clarke, asked, “Are you licensed to practice law in the state of Florida?” to which Metz replied, “No, I am not.”
Bradenton Beach resident Jim Hassett also addressed the commission, stating at the outset, “I am not a member of the Florida bar,” generating chuckles from both the dais and the gallery.
“I really think that my interpretation of the bar today is that we just put the cart ahead of the horse,” said Hassett. “I would really prefer to have my say after I hear your discussion of exactly how you are going to approach this mess.”
Referring to Perry, Hassett continued, “Learned counsel last time turned to the audience and said, ‘You haven’t suggested anything to remedy this situation.’
“Well that’s true,” he said. “So I will state right here and now that I am not in favor of what you are trying to do here. I think one of you should raise your hand and say, ‘Let’s work this out. Let’s let the people, whether they like each other or not, work it out and get on with the city’s business.’”
Attorney Lincoln offered comment in support of the forfeiture. “I am a member of the Florida bar,” he began, continuing the now-running gag.
Turning serious, he told the commission, “Your charter provides the authority for the city commission to determine the qualifications of any of its members, including whether or not they have forfeited office.
Lincoln offered his opinion as to what Shearon’s possible violations could encompass, stating that the mayor’s granting of two unbudgeted raises was in violation of two statutes. In addition, he ventured that Shearon may have violated the Sunshine Law.
“There are ample issues that have been identified that can be brought before the commission for a decision,” he said.
Perry then lead the commission through the proposed changes to the resolution, allowing commission discussion before getting consensus on each item.
At the conclusion of the review, commissioners directed Perry to make changes to the resolution and set a meeting for a final review and vote on Oct. 28.
Subject: Bradenton Beach Election. City Commission.
Registered voters and taxpaying citizens of Bradenton Beach, I think City Attorney Ricinda Perry should offer up her warmest holiday wishes and eternal gratitude for making the Christmas of 2014 and very happy one for her and her family by presenting her with a check for services rendered to the City in the tens of thousands for the month of September 2014 (pick a number between 18 and 20 and that includes a generous discount of thousands (pick a number between 5 and 7). Ms. Perry should express gratitude on behalf of her husband who happens to work for Blalock Walters (wink wink) for recommending the investigation by Attorney Westerman of Blalock Walters of the bogus harassment claims made by Tom Woodard and his merry band of malcontents in the Public Works Department. All three have been found to be without merit. The first installment of Attorney Westerman’s bill has cost you the taxpaying citizens of Bradenton Beach many thousands (pick a digit between 2 and 4). The next two installments are yet to come. Ms. Perry should also show her gratitude to Jack Clarke for initiating forfeiture procedures without a shred of evidence and to Jan Vosburgh (up for re-election) for being Jack Clarke’s “yes man”. Commissioner Vosburgh decries the excessive attorney fees but consistently supports actions that result in even more legal expenses to the City. Commissioner Vosburgh is more interested in keeping the high profile merchants and resort owners happy by being their “yes man” than representing the best interests of the citizens and voters of Bradenton Beach. This bears out by a simple examination of her campaign donors. It is pretty clear who she is working for.
Fortunately voters in Bradenton Beach have been given a choice this election cycle. You can elect to make a change and restore balance and fiscal responsibility to the City – VOTE FOR TJET MARTIN for Bradenton Beach City Commission.
“Lincoln offered his opinion as to what Shearon’s possible violations could encompass, stating that the mayor’s granting of two unbudgeted raises was in violation of two statutes. In addition, he ventured that Shearon may have violated the Sunshine Law”
Since when is Ed Chiles do-boy Robert Lincoln offering up opinions to the Commissioners on how to proceed with interpreting the resolution the City Charter or the alleged violations of the Mayor? Does the City not have an attorney capable of doing that or is she incompetent? How much is do-boy billing the City for his opinion or is he offering it pro-bono on behalf of Ed Chiles?