Tensions remain high among supporters of four ballot initiatives despite a ruling in Bradenton Beach.
A court order demanding the city put petitioned amendments on the ballot apparently raised questions among city officials.
Robert Hendrickson, attorney for Keep Our Residential Neighborhoods, the political action committee that proposed the four amendments to the city charter, submitted March 27 a motion to the court and city to enforce a 12th Judicial Circuit Court’s ruling that the city must submit the initiatives to the Manatee County Supervisor of Elections office for a future ballot.
The motion to enforce, as well as an affidavit in support of the motion, alleges the city did not submit the four ballot initiatives for six weeks after Judge Lon Arend’s Feb. 6 ruling.
Arend’s ruling did not contain a deadline for the city submission to the SOE, but Hendrickson said six weeks was enough time for the city to comply.
Yet, his motion might have been too late.
Sharon Stief, chief deputy of the SOE, said in an interview March 27 that the city submitted initiatives for voter verification March 21.
Also, city clerk Terry Sanclemente had been in contact with the SOE to ensure the submission went without issue.
City attorney Ricinda Perry told The Islander March 27 that Hendrickson, John Metz and Reed Mapes — co-founders of KORN — did not contact the city to ask if the initiatives had been submitted.
“It is unfortunate that Mr. Hendrickson did not confirm, nor reach out to myself or the city before filing his latest motion to compel, because the city had actually completed the work he was requesting in it, and had complied with the court order,” Perry said over a phone call.
She added that the initiatives would be ready for the election ballot in November.
KORN’s ballot proposals — which were petitioned by more than 10 percent of registered voters in the city — if approved in a city election, would:
- Prohibit the construction of a multilevel parking garage in the city;
- Require city commission vacancies be filled by election;
- Prevent construction within setbacks;
- Install a certified public manager as chief executive officer of the city.
The mayor and commissioners voted June 21, 2018, against placing KORN’s amendments on the ballot after Perry said they would violate the city charter and their wording failed to comply with state law.
KORN claimed it followed a state statute that reads, “The governing body of the municipality shall place the proposed amendment contained in the ordinance or petition to a vote of the electors.”
Mapes and Metz requested a hearing to direct the city to put KORN’s proposed amendments on a ballot.
Perry, at the Sept. 6, 2018, hearing, argued the initiatives contained political rhetoric and exceeded state-mandated word limits for ballot summaries and titles.
Hendrickson argued the city was responsible for generating ballot language for the amendments and ensuring compliance with state law.
Arend agreed and issued an order requiring the city to write the ballot language for either a special election or the next regular election.