BRADENTON BEACH – The city has prevailed in the appeal of a 2019 court ruling that six former city advisory board members violated Florida’s Government in the Sunshine Law.
On Oct. 14, a three-judge panel in the District Court of Appeal of Florida’s Second District (Second DCA) in Lakeland issued a written opinion that provided no details but affirmed 12th Judicial Circuit Court Judge Edward Nicholas’ 2019 ruling that the six defendants violated the Sunshine Law that requires elected and appointed city officials to conduct their official business in a public setting.
Paralegal Michael Barfield and Bradenton Beach City Attorney Ricinda Perry assisted attorney Robert Watrous with the legal work associated with the civil lawsuit that resulted in Nicholas’ 2019 ruling, and the subsequent ruling Nicholas issued later that year regarding the city’s recovery of attorney fees.
Barfield and Perry remained involved in the now-completed appellate process that did not require an additional in-person hearing or the re-arguing of the facts presented during the July 2019 trial.
When contacted by The Sun, Barfield and Perry both confirmed that the per curiam opinion issued by the Second DCA means the city prevailed in the appeal.
“I am pleased that the Second DCA upheld Judge Nicholas’ thoughtful and well-reasoned legal opinion,” Perry said. “I’m glad this part of the case is behind us and that Judge Nicholas’ ruling was vindicated,” Barfield said.
Case history
At the conclusion of the multi-day trial in July 2019 at the Manatee County Judicial Center in downtown Bradenton, Nicholas ruled that Reed Mapes, Tjet Martin, John Metz, Patty Shay, Bill Vincent and Rose Vincent violated the Sunshine Law in 2017 when discussing city business that could have foreseeably come before them in their official capacities as Planning and Zoning Board members or Scenic WAVES Committee members.
The Sunshine Law violations occurred during the non-city-affiliated Concerned Neighbors of Bradenton Beach (CNOBB) meetings that were recorded by CNOBB members. Those recordings were shared at the CNOBB website and later presented as evidence during the trial.
In August 2019, Mapes, Martin, Metz and the Vincents filed an appeal of Nicholas’ July ruling. Shay did not join the appeal filed with the Second DCA.
In October 2019, Nicholas ordered Mapes, Martin and Metz to pay the city $369,498 as reimbursement for a significant portion of the attorney fees the city incurred during the multi-year legal battle that remained ongoing at the time.
In that written order, Nicholas absolved Shay and the Vincents of any attorney fee-related financial liabilities because they had agreed in principle to settle with the city before the 2019 trial began. The city commission rejected those pre-trial settlement offers because similar agreements could not be reached with Mapes, Martin and Metz.
In November 2020, as the appeal process dragged on, Martin and Metz reached a settlement agreement with the city in which they agreed to collectively pay the city $350,000 and drop their appeals. Shay and the Vincents then reached settlement agreements in which they agreed to each pay the city $500, with Bill and Rose Vincent also dropping their appeals. The settlement agreements left Mapes as the only remaining appellant.
In May 2021, a final judgment was issued against Mapes in the amount of $19,760, to be paid to the city of Bradenton Beach.
Mapes passed away on April 13 of this year. On April 28, Watrous sent a letter to Mapes’ attorney and designated trustee, Robert Hendrickson, noting the amount due at that time, including accrued interest, was $20,563.
To date, the judgment against Mapes remains unpaid, but the city still hopes to recover the money owed.
“The city and its taxpayers have been entitled to recover the costs caused by Mr. Mapes and payment is long overdue,” Perry said when contacted regarding the Second DCA opinion.
