It seems the cards were stacked unfairly for a Holmes Beach mayoral candidate in 2014.
The Florida Commission on Ethics received a complaint from then-Mayor Carmel Monti, alleging violations perpetrated by David Zaccagnino, who at the time was a nine-year city commissioner and first-time mayoral candidate.
In April, the FCE determined there was no cause to believe Zaccagnino violated a state ethics law as alleged by Monti.
An FCE letter that remained sealed during the investigation called the allegations against Zaccagnino “politically motivated to disparage” before his run for mayor in November 2014.
Facts of the ethics investigation were closed to the public until the investigation was completed in April.
Attorney Maggie D. Mooney-Potale of Persson & Cohen P.A. of Lakewood Ranch sent a letter to the FCE in July 2014 on behalf of Zaccagnino.
Monti filed the ethics complaint in May 2014 — 13 days after Zaccagnino announced he would run for mayor.
Zaccagnino announced his bid for the seat early in the race and ahead of other Holmes Beach candidates, who announced candidacies in June, during the qualifying period.
The complaint filed by Monti cited three alleged ethics violations — one instance dated April 2013, one in December 2013 and one that was not dated.
The 2014 letter from Zaccagnino’s attorney claimed the allegations were an effort to entangle Zaccagnino in frivolous claims and questioned the propriety of Monti filing as mayor and not as an individual, exposing the city to liability.
The letter stated Zaccagnino would seek compensation for his legal fees if the investigation was not dropped. However, the city has not yet received a request for reimbursement.
“This just shows that anybody can make frivolous complaints to the ethics commission that’s going to cost money to defend yourself,” said Zaccagnino.
Zaccagnino declined to comment on seeking reimbursement from the city for his legal fees.
Monti alleged in the FCE complaint that Zaccagnino used his position to:
• Persuade or attempt to persuade the city’s building inspector to overlook building regulations for a tree house owned by Richard Hazen and Lynn Tran.
• Obtain or attempt to obtain preferential treatment from the mayor for builder Shawn Kaleta on a project in the city.
• Threaten Waste Management or its employee for failing to collect waste at Zaccagnino’s home.
Following the filing of the ethics complaint, Monti interfered in Zaccagnino’s campaign publicly by sending mailers using the city’s address as the return address.
The mailers were sent to registered voters in the city a week before Election Day claiming Monti and all the other commissioners endorsed Zaccagnino’s opponent.
At that time, Monti said he paid for the mailers and the use of the city’s address must have been a mistake made by the printer.
Monti was elected in 2012 and served a two-year term. He did not seek re-election in 2014.
Monti had his Key Royale home on the market when he ran for mayor. In a 2011 interview with The Islander, he said the house was listed for sale before he decided to run for office, but he was “looking to stay” in Holmes Beach.
The Manatee County 12th Judicial Circuit Court foreclosed March 10 on Monti’s home at 530 Key Royale Drive.
Mortgage lender Bank of America Mortgage Securities and trustee Wells Fargo Bank noticed the default in 2011 and filed foreclosure in April 2013.
The court will sell the property at public auction online July 10 if the total debt of $629,985.35 is not paid to the mortgage lender.
Monti did not return calls to The Islander.