“Keep calm and do it right,” says the royal purple T-shirt that depicts a crown.
It seems all the parties involved in the Bradenton Beach recall election want it done right.
The question now is, what is right?
Bradenton Beach resident John Metz filed an application April 29 for a temporary injunction to prevent Vice Mayor Jack Clarke’s name from appearing on the ballot in the May 19 recall election.
The matter will be heard by Judge Gilbert Smith Jr. at 3 p.m. Tuesday, May 5, in Courtroom 5-E, at the Manatee County Judicial Center, 1051 Manatee Ave. W., Bradenton.
Metz, a retired attorney, claims Clarke violated Florida’s “Resign-to-Run” law. He filed a lawsuit April 21 seeking a declaratory judgment to remove Clarke from the ballot.
“Because there is only … 31 days between the end of candidate qualifying and the election, this court’s indulgence is needed to resolve this matter speedily,” the request for the injunction states.
Metz writes that by resigning with an effective date tied to the election date, Clarke’s resignation violates the statute.
“He filed late in the first case and then failed to resign prior to his qualifying on April 16, 2015,” the application states. Metz added that an immediate hearing is necessary to resolve the ballot issue before the election and to print new ballots.
Complicating matters in an already muddled situation, if Clarke is stricken from the ballot, Shearon will not be allowed to run unopposed.
During an April 23 commission meeting, city attorney Ricinda Perry read Article III, Section 7 of the city charter, which states: “The Commission shall provide by ordinance procedures for filling a vacancy in candidacy caused by death, withdrawal or removal from the ballot of a qualified candidate following the end of the qualifying period which leaves fewer than two candidates for an office.”
Perry said if Clarke is struck from the ballot, the commission will need to appoint a qualified replacement.
Meanwhile, the Committee for the Recall of Mayor William Shearon held a town hall meeting April 28 at the West Manatee Fire Rescue Volunteer Hall, 201 Second St. N., Bradenton Beach.
Clarke conducted the meeting and answered attendees’ questions about the recall election with his goal to clarify the process. Shearon attended and listened.
Clarke stressed that it was not a campaign event.
“It’s informational to answer questions about how we got to the recall process and what it’s going to take to participate in the recall election,” he said.
Clarke said the commission chose to initiate the forfeiture process against Shearon last year because no one was willing to head up a recall effort. But former Commissioner Pete Barreda stepped forward and agreed to chair the committee, which was formed in December.
Barreda did not attend the meeting and no other members of the committee are known except a treasurer, a Venice accountant.