The Florida Commission on Ethics dismissed on Sept. 11 a complaint that Bradenton Beach Mayor Jack Clarke violated the state voting conflict law.
The ruling stems from a lawsuit filed by Bradenton Beach political activist John Metz last spring against Clarke, and the May 6 ruling by a 12th Judicial Circuit Court judge that Metz had not met his burden for a temporary injunction when he argued in court that Clarke’s name should be removed from the May 19 mayoral recall election ballot. Metz had contended Clarke, then the vice mayor, did not properly comply with the state’s resign-to-run law.
After the ruling, with the election less than two weeks away, rather than pursue the lawsuit further, Metz dismissed it and filed the ethics complaint over two votes Clarke made that Metz claimed violated the voting conflict law.
One vote was for the city to hire Sarasota attorney Andrea Flynn Mogensen to defend Clarke in court. The other was a vote to pay her $11,049.34 bill.
The voting conflict law states that no public officer shall vote in a way that would “inure to his or her special private gain or loss.” However the commission’s ruling says the complaint fails to indicate a violation because another law allows public officers to vote on a matter affecting his salary, expenses or other compensation.
The ruling cited a previous complaint in which the ethics commission ruled a water-and-sewer district commissioner was not prohibited from voting on issues regarding reimbursement of legal fees incurred in connection with an ethics complaint filed against him.
The same respondent was not prohibited from voting on legal representation for placement of his name on a city election ballot.
Metz said in a Sept. 19 email he is disappointed about what he calls an “an incorrect result. My first impression is that the board is confused as to the facts.”
Metz added he will look into possible remedies.
“I, along with many citizens continue to believe that the $11,000 or so services delivered to candidate Clarke for his defense is an unlawful use of taxpayer money and I intend to pursue all avenues for recovery to the city treasury,” he wrote.
Efforts to reach Clarke by phone Sept. 19 for comment were unsuccessful.