The Bradenton Beach resident who unsuccessfully challenged in court then-Vice Mayor Jack Clarke’s legitimacy as a candidate in the mayoral recall election, said June 4 the city should not pay the legal bills incurred by Clarke.
John Metz, a retired attorney, supported then-Mayor Bill Shearon in the May 19 election, which Clarke won. Metz also used public comment during the commission meeting to challenge whether the city should pay city attorney Ricinda Perry’s bill for work she did in the runup to the election. He said she committed “a serious legal error.”
“Despite some 20 hours of work, according to her bill,” Perry submitted a proposed order to Chief Judge Andrew Owens that failed to provide Clarke enough time to submit his resignation in compliance with Florida’s resign-to-run law, Metz said, echoing his courtroom argument.
Metz calculated Perry’s fees in question to be about $5,500.
“This error created an opportunity for a lawsuit against candidate Clarke,” Metz said of the suit he filed before the election with the circuit court.
Twelfth Circuit Judge Gilbert Smith Jr. ruled Metz did not meet his burden for a temporary injunction and allowed Clarke’s name to stay on the ballot.
Perry asked to respond to Metz, saying it was Manatee County Supervisor of Elections Michael Bennett, not she, who selected the recall election dates.
“I had no authority, decision-making or influence over the dates,” she said. “The city attorney had no role whatsoever.”
Metz also said the city should not pay the $11,049.34 in legal fees charged by Sarasota attorney Andrea Flynn Mogensen, who successfully defended Clarke in court against Metz.
“It’s not a legitimate city bill,” Metz said, adding it’s a misuse of public funds to a candidate for office and, he added, Clarke wrongfully participated in the 3-2 vote to hire Mogensen, although there was an objection that he had a financial interest in the vote.
Noting the Florida statute on voting conflicts, Metz said, “I think it’s quite clear that $11,000 is a substantial financial interest.”
Metz said the law requires that the conflict be disclosed, that Clarke abstain from voting and that he file a memorandum regarding the conflict within 15 days with the city clerk.
“None of those things were done,” Metz said. If Clarke had abstained, the vote to hire Mogensen would have failed 2-2.
Clarke did not address Metz’s assertions.
After listening to Metz, Clarke and Commissioners Ed Straight and Jan Vosburgh voted to approve paying Mogensen’s and Perry’s bills. Commissioner Janie Robertson was absent with excuse.