A political plan or an effort to protect the city?
Bradenton Beach Vice Mayor Jack Clarke said he’s pursuing the ouster of Mayor Bill Shearon due to alleged mismanagement of city business.
Shearon’s attorney, Ralf Brookes, says it’s more likely a ploy to ensure that Shearon does not have a vote on the city’s comprehensive plan when it comes before them for revision.
The mayor has an equal vote with the four city commissioners, according to the city charter.
“We think (the forfeiture) is improper and violates the (Florida) Constitution, because he is an elected official with a constitutional right and obligation to vote on these matters,” Brookes said Nov. 25, one week before a Dec. 2 meeting called for by Clarke to act on removing Shearon.
The forfeiture meeting comes two weeks after Shearon’s lawsuit to prevent commissioners from suspending him while they try to remove him from office was filed in the 12th Judicial Circuit Court.
“By seeking to remove the mayor, (Clarke) is trying to stack the deck on the votes for the upcoming comp-plan amendment, and that is improper. There are some very important votes coming up on the comprehensive plan and it’s important that the people who elected the mayor expect him to vote on these issues.”
Commissioners discussed revisions to the comp plan, the city’s policy guideline for land use, during their Nov. 20 meeting, and set a Dec. 16 workshop on the topic.
Brookes’ suit on behalf of Shearon to stop the hearing also challenges the potential role of Clarke, Shearon’s chief accuser. Because Clarke brought the charges against the mayor, Brookes says Clarke should not be allowed to “sit as one of the judges on the tribunal, especially if the mayor is removed.”
Additionally, if Shearon is suspended or removed from office, Clarke would be next in line to serve as mayor. Any forfeiture hearings in which Clarke serves as complainant, judge and successor would not be a fair and independent tribunal, the Cape Coral-based attorney said.
The Islander went to press Dec. 1, before the lawsuit could be addressed by the courts and before the scheduled special meeting.
But Brookes said he expects the Dec. 2 hearing to be brief, consisting of an up or down vote on whether to initiate forfeiture proceedings and whether to suspend Shearon while Clarke prepares his case.
Shearon, Brookes said, should have a full opportunity to be heard and to cross examine his accusers before commissioners vote on whether to suspend him or remove him from office.
Brookes added that the issues he brought up in the lawsuit would remain valid even if the forfeiture hearing were initiated Dec. 2 and, if necessary, Shearon would continue to pursue legal remedies.
“I don’t see anything in the charges that rises to the level of some act that would require the city to remove the mayor from office,” Brookes said. “It seems like there are differences of opinion regarding management style, how employees have been handled, day-to-day operational issues.”
The lawsuit followed the Oct. 28 passage by commissioners of a resolution — a 3-2 vote, with Clarke, Jan Vosburgh and Edward Straight voting in favor — to authorize the forfeiture resolution. Shearon and Commissioner Janie Robertson were opposed. The resolution allows the commission to suspend the mayor before the charges are aired.
Brookes said he believes the resolution, prepared by city attorney Ricinda Perry, is illegal and, if commissioners want to take actions that would result in another elected official’s suspension from office, they should do so by ordinance or by asking the electorate to amend the city charter.
Reached Nov. 25, Clarke would not comment on the mayor’s lawsuit. However, Clarke outlined his complaints in a nine-page statement issued Sept. 16. He claimed the mayor mishandled the purchase of computer equipment and the hiring of personnel. He said there is insufficient transparency regarding city funds.
“Much of this again comes from the administration department where the mayor has utilized his hands-on supervision and management style least effectively,” Clarke wrote, adding that issues included “overtime payments, unscheduled pay raises and bonuses, extra hires, overruns on small projects and additional professional fees without detailed invoicing.”
Clarke noted that four people employed by the city in January were no longer with the city in September. He claimed to lack knowledge on how “the mayor uses his power with staff.” Additionally, Clarke claimed the commission is unaware of most departments activities, although Shearon conducts routine department head meetings that are attended by commissioners.
By his actions, or lack thereof, the mayor has “single-handedly placed this city in more legal jeopardy, more financial jeopardy, and greater risk in dealing with other entities including Manatee County that flatly won’t deal with local officials that don’t follow through and keep their word,” Clarke wrote.
Vosburgh echoed Clarke’s concerns in a Sept. 16 statement, saying she feels “morally obligated to communicate to the citizens and taxpayers how bad the city is being run under the current mayor.”
Meanwhile, Vosburgh won re-election to the commission Nov. 4 in a race against Tjet Martin, Shearon’s life partner.
Regardless of the allegations, Brookes said a special meeting is the wrong venue to bring them up. “There is nothing in our code of ordinances about forfeiture,” he said, adding that the resolution goes far beyond what the charter allows.
“Under the Constitution, everyone has a right to notice and an opportunity to be heard and to answer the charges against them before they are suspended or removed,” Brookes said. He added that Clarke’s argument for forfeiture does not include, for example, allegations of a felony or unlawful conduct against the mayor.
“Certainly the mayor is trying to do the job the best that he knows how,” Brookes said. “He hasn’t violated any laws that I can see in the charges prepared by the vice mayor.”
Follow the Dec. 2 forfeiture hearing “live” online with reporter Jennifer Glenfield on The Islander Facebook page, or follow @ami_islander on Twitter. To comment, tweet us at #forfeiture.