Bradenton Beach Mayor John Chappie says transparency is the key to good government.
In an effort to keep city business salient, the mayor and commissioners approved a resolution May 3, requesting Manatee County Circuit Judge Lon Arend allow open discovery proceedings in a city lawsuit.
The lawsuit was initiated August 2017 by ex-Mayor Jack Clarke and joined by the city against six now-former board members. Clarke alleges the defendants violated Florida’s Government-in-the-Sunshine Laws. He claims the defendants discussed city matters at a meeting of the grassroots group Concerned Neighbors of Bradenton Beach, putting the city in danger of being in violation of Sunshine Laws regarding open meetings.
Additionally, Clarke is alleging several of the defendants exchanged emails regarding city matters brought before them as board members.
The city has absolved Clarke of paying any legal fees for the case he initiated.
Depositions are set to begin May 23.
Defendant John Metz, a former planning and zoning board member, filed a motion to sequester nonparty witnesses during the depositions, preventing nonparty access to the discovery proceedings.
According to Metz’s motion, “The parties anticipate that nonparty witnesses will be called to testify during depositions. In order to prevent nonparty witnesses from being influenced by other witnesses’ testimonies and to avoid collusion among witnesses, it is necessary to sequester nonparty witnesses during the depositions in this matter.”
During the May 3 city commission meeting, Chappie said he found Metz’s motion concerning.
“This whole thing is about openness, it’s about transparency and Government-in-the-Sunshine, which is the core of what local government is about,” Chappie said. “And here they want to do things behind closed doors.”
At the same meeting, Commissioner Randy White said he found it “ironic” that the city holds confidential shade meetings regarding the lawsuit, but is requesting the nonparty depositions be open to the public.
“This resolution doesn’t seem to be in keeping with what we’ve been doing thus far,” White said. “I think we should just let it continue until it gets before a judge and let the pieces fall where they may.”
The Florida Rules of Civil Procedure and Florida case law state that a party to an action may attend any deposition relevant to the lawsuit in which they are a party.
However, rules regarding nonparty depositions are less defined.
Metz told The Islander that his attorney, Thomas Shults, with Kirk Pinkerton P.A. of Sarasota, recommended the motion.
“It’s his job — he’s running the case,” Metz said in reference to Shults. He added, since Perry is not a party, she may be considered a nonparty witness.
“She’s the only person I presume being talked about,” Metz said in regard to Perry.
Chappie said comparing shade meetings to depositions is like “apples and oranges,” as shade meetings are structured according to state statutes so attorneys can strategize with clients.
White asked why the city is making this request “if it is just a natural step.”
Chappie responded that the city “wants it all out in the open.”
A resolution to request the judge deny the defendant’s motion to sequester nonparty witnesses passed 4-1 with White voting “nay.”
The resolution will be presented to Arend before a preliminary hearing at 1:30 p.m. Wednesday, May 9, at the Manatee County Judicial Center, 1051 Manatee Ave. W.
Bradenton Beach seeks charter committee members
Bradenton Beach is seeking residents to review the city charter.
In response to several citizen-initiated referendums that changed the city charter in 2017 and some new proposals to amend it in 2018, commissioners motioned April 19 to form a charter review committee.
The committee will review the charter for consistency with the 2017 amendments and possibly make recommendations for additional amendments on the Nov. 6 ballot.
CRC members cannot be on another city board, such as planning and zoning or Scenic Waves Partnership Committee.
According to city attorney Ricinda Perry, experience with government is not required for the committee, which will meet weekly through July 18 to complete the review before the Manatee County Supervisor of Elections’ August submission deadline for the general election.
The resolution for the CRC was on the May 3 commission agenda, but was continued to May 17 to allow for the filing of applications.
As of May 3, the city had received just one application —from former planning and zoning board member John Metz.
However, city staff determined Metz is ineligible due to pending lawsuits he has with the city.
The city will be accepting applications for the CRC through May 17, with commissioners voting on the candidates at their meeting at noon Thursday, May 17, at city hall, 107 Gulf Drive N.
— ChrisAnn Silver Esformes
How long will the city attorney be allowed to run the city of Bradenton Beach? She is not an elected official but dictates and pushes her agenda on the city. Her legal fees exceed the elected commissioners salaries and she runs the show…pretty sweet job!