BRADENTON BEACH – Bradenton Beach won’t get reimbursed for some of its legal costs in a Sunshine Law suit it won.
During a Zoom hearing June 10, 12th Circuit Judge Edward Nicholas barred the city from receiving reimbursement for city attorney Ricinda Perry’s legal fees because the city failed to clearly detail her costs and hours, as well as make clear if it would seek reimbursement, by April 17.
Perry’s fees had run up to $62,250 as of June 11, according to city treasurer Shayne Thompson.
Nicholas ruled in July 2019 that Bradenton Beach citizens — now former planning and zoning board members John Metz, Reed Mapes, Patty Shay and Bill Vincent and former Scenic WAVES Committee members Tjet Martin and Rose Vincent — violated the Florida Sunshine Law in 2017 while discussing city issues in emails and the now-defunct Concerned Neighbors of Bradenton Beach meetings.
The Sunshine Law guarantees public access to government records and open meetings.
The judge last year ruled the city is entitled to recover legal fees and other costs from the defendants, but left the amount to be determined in mediation.
But mediation failed, and the amount fell to Nicholas, which is still in consideration.
Attorney Thomas Shults, representing the defendants, asked the judge to bar the city from reimbursement for Perry’s legal costs because he hadn’t received a time sheet or notice that the city wanted reimbursement.
Attorney Robert Watrous, representing the city, said the city submitted a voluminous response, with several hundred pages of documents detailing hours before the April deadline.
However, the documents did not clearly indicate the city’s desire to receive reimbursement, Nicholas determined, adding that the city could appeal.
The city still could receive up to $445,000 in legal fees, including $188,300 for Watrous’ fees and $146,700 for paralegal Michael Barfield’s services.
But pro se defendant Shay asked Nicholas to “let the punishment fit the crime” for her and the Vincents.
Shay said they wanted to accept a proposed city settlement offer seeking $500 from each defendant along with an admission of guilt before the trial began. However, Shay said she failed to persuade Metz, Mapes and Martin to settle.
Shay said she lives on a fixed income and can’t afford to pay the legal costs.
Nicholas said if defendants sought settlements before the trial, he didn’t know if it would be fair to saddle them with the city’s costs.
“How do I, in good conscience, force that person or those people to pay attorneys’ fees for a trial they didn’t wish to have?” he asked.
Nicholas continued the hearing but had not set a court date as of June 10.