MANATEE COUNTY – County Commissioner James Satcher is named as the sole defendant in a public records complaint filed today by paralegal Michael Barfield.
Barfield, a Sunshine Law expert, filed the complaint and an accompanying amended emergency motion this morning in the 12th Judicial Circuit Court in Bradenton seeking “judicial relief to protect the public’s right to transparency and enforcement of Florida’s vaunted Public Records Act.”
The filings pertain to a public records request Barfield submitted to Satcher on Friday, Nov. 20. That day, Barfield also submitted similar records requests to county commissioners Vanessa Baugh, George Kruse and Kevin Van Ostenbridge. He later submitted a similar records request to former County Commissioner Steve Jonsson.
Barfield submitted his initial records requests one day after a Thursday, Nov. 19 county commission discussion that occurred with no advance public notice regarding the potential termination of County Administrator Cheri Coryea.
According to the complaint, “Plaintiff (Barfield) contends the defendant (Satcher) has public records in his individual possession but has failed to perform his statutory duty to make public records in his possession available for inspection and copying upon request. Plaintiff seeks a writ of mandamus and an accelerated hearing for ongoing violations of the Act relating to the production of public records.”
Today, Barfield emailed a complaint-related letter to Circuit Court Judge Charles Sniffen.
“Earlier today, a complaint seeking emergency relief under the Public Records Act was filed with the clerk along with an amended emergency motion for issuance of a show cause order and for an immediate hearing as required by Florida Statute. This action was filed by me pro se,” the letter says.
“As set forth in the motion, I have had communications with attorney Peter Lombardo regarding this matter. Last Thursday, attorney Lombardo indicated that he has not been retained on this matter, but he was acting as a conduit for the defendant, Mr. Satcher. Accordingly, I have copied Mr. Lombardo here and have provided him with courtesy copies of the complaint and amended emergency motion,” Barfield’s letter said.
Monday afternoon, Judge Sniffen responded with an “order directing defendant to show cause why plaintiff’s complaint for writ of mandamus should not be granted.”
Sniffen’s order gives Satcher five days to respond.
“Defendant shall comply with Florida Statutes and preserve all records in his possession, custody and control and shall not dispose of any records maintained on any electronic devices or accounts until further order of the court,” Sniffen’s order states.
“The important thing in the judge’s order is that records have been ordered to be preserved on all electronic devices and accounts,” Barfield said when contacted late Monday afternoon.
Termination efforts
During the Nov. 19 discussion, county commissioners Reggie Bellamy, Misty Servia and Carol Whitmore described the unadvertised termination efforts initiated by Van Ostenbridge as “premeditated,” “orchestrated,” “reckless” and “dangerous.”
During that meeting, the commission voted 4-3 to put Coryea on notice that her potential termination would be discussed at a public meeting on Wednesday, Jan. 6. Bellamy, Servia and Whitmore opposed that action.
During that same meeting, the commission majority of Baugh, Kruse, Satcher and Van Ostenbridge adopted a county resolution presented by Baugh with no advance notice to the commission or the public. The adopted resolution now allows the commission to change its meeting procedures and discussion topics at any time during a public county meeting.
Records requests
Barfield’s records requests seek the public records in the individual possession of Baugh, Jonsson, Kruse, Satcher and Van Ostenbridge from the period of Tuesday, Nov. 3 – which was election night – through Friday, Nov. 20.
As newly-elected commissioners, Kruse, Satcher and Van Ostenbridge became subject to the Florida Sunshine Law and the Public Records Act after the election results were known on Nov. 3.
The three new commissioners, and re-elected Commissioner Baugh, were sworn into office on Tuesday, Nov. 17. Jonsson did not seek re-election. His last day in office was Tuesday, Nov. 17.
Barfield’s records requests seek:
- All emails sent or received between the period Nov. 3 and Nov. 20, 2020,
- All text messages sent or received between those dates,
- All messages sent or received via any digital app or social media platform between those dates, and
- A detailed phone log of all calls made or received between those dates.
The recipients of Barfield’s records requests were given until 5 p.m. on Friday, Dec. 4 to produce the requested records.
When contacted this afternoon, Barfield said he had not yet received the requested records from any of the five individuals. He said he anticipated filing similar court complaints and motions against Baugh, Jonsson, Kruse and Van Ostenbridge early this week if those records are not produced.
As a non-attorney paralegal, Barfield is a member of the legal team that prevailed in a Sunshine Law lawsuit filed by the city of Bradenton Beach in 2017. That lawsuit, and 12th Judicial Circuit Court Judge Edward Nicholas’ 2019 ruling that six former city advisory board members violated the Florida Sunshine Law, recently resulted in five of the defendants paying the city $351,500 as partial reimbursement for the attorney fees and paralegal fees incurred by the city.
