Bradenton Beach Mayor Bill Shearon is now looking for the court to step in and stop commissioners from forcing him out of office.
Shearon’s lawsuit, a writ of prohibition filed Nov. 12 with the 12th Judicial Circuit Court, asserts that a resolution adopted by the commission Oct. 28 — amending the city charter’s forfeiture of office procedures — does not provide a fair hearing or afford the mayor due process.
Shearon’s attorney, Ralf Brookes of Cape Coral, seeks a court order that would stop the commission from suspending Shearon as the city’s elected mayor and voting member of the city commission.
According to the resolution, a city commissioner can bring charges against another elected official that could result in forfeiture of office.
The commission decides whether or not to proceed, if evidence will be required in the case, and also passes final judgment on the ouster.
Although the new procedure provides for public hearings, it also provides for an interim measure that allows the commission to vote to suspend the person — that person is also required to recuse his or herself from voting — while the forfeiture proceeding runs its course.
The resolution allows the commission to “determine, by supermajority vote of the members present and voting, if the official should be suspended concurrent with the forfeiture of office proceeding.”
In Shearon’s lawsuit, Brookes argues that the concurrent suspension procedure without a full evidentiary hearing violates due process.
He also argues the new procedure does not ensure that an ouster will be heard by an impartial arbiter.
If forfeiture proceedings move ahead against the mayor without court intervention, Bradenton Beach Vice Mayor Jack Clarke will serve as judge in the forfeiture hearing.
In the writ of prohibition, Brookes argues that Clarke can’t be considered an impartial judge in this matter because he brought the charges against Shearon, and if Shearon is forced out of office, Clarke would replace the mayor and stand to gain monetarily. The office of mayor commands a higher stipend than that of vice mayor-commissioner.`
Clarke doesn’t believe that his ability to serve as an impartial judge in the forfeiture proceedings is compromised. “I disagree. I can be impartial,” Clarke said. He declined to make further comment.
Shearon believes that Clarke should also have to recuse himself from the proceedings. He said that the outcome of his lawsuit could define future policy for any Bradenton Beach elected official.
Shearon told The Islander, “This is a very serious charge, a very serious process” and he hopes “the end result is to do it right and do it fair. It’s a very long and expensive process.”
According to Shearon, the people elected the mayor and the people should determine his fate. He said he was reluctant to sue, but cited supporters who gave him the determination to see the lawsuit and forfeiture charges through.
“I’m not going to resign!” Shearon declared. “Let the voters decide in another year.”
When asked about the selection of an independent judge for the forfeiture proceedings, Shearon said he does not feel that any of the city commissioners, himself included, has the legal knowledge and expertise to be an impartial judge.
Commissioners Jan Vosburgh and Ed Straight declined to comment.
According to city attorney Ricinda Perry, the disputed resolution is the result of a conglomeration of factors. When writing the resolution, Perry said that she talked with representatives from other municipalities and members of the Florida League of Cities.
Commissioner Janie Robertson said questions about the constitutionality of the resolution have been brought forth and she feels the issue should be ruled on by a judge and not the city commission.
“If I were in the Mayor’s position, I would have definitely protected myself with personal counsel against the allegations of Vice Mayor Clarke and those who vote with him,” Robertson said. “I am not at all against his effort to sustain himself as the duly elected mayor.”
Twelfth Circuit Judge Janette Dunnigan is assigned to hear Shearon’s suit.
At Islander press time, a court date had not been set, according to the Manatee County Clerk of Circuit Court website.