MANATEE COUNTY – County Commissioners James Satcher and Kevin Van Ostenbridge have reached a $6,000 settlement with paralegal Michael Barfield in the lawsuit he filed regarding Public Records Act compliance.
According to the settlement agreement, “Van Ostenbridge and Satcher shall pay Barfield the sum of $6,000 within 30 days of full execution of this agreement. Barfield agreed to file notice of voluntary dismissal.”
County Commission Chair Vanessa Baugh is now the lone remaining defendant in the civil lawsuit Barfield filed and then amended in December alleging the defendants’ failure to fully comply with the public records requests he submitted on Nov. 20.
Barfield sought from Baugh, Satcher, Van Ostenbridge and Commissioner George Kruse all emails, text messages, social media and other digital messages sent or received from Nov. 3 (election night) through Nov. 20. He also requested detailed phone logs of all calls made or received during that period. Because he promptly complied with Barfield’s requests, Kruse was not named in the lawsuit.
Barfield’s records requests were preceded by the Nov. 19 special county commission meeting requested by Van Ostenbridge during which he proposed putting County Administrator Cheri Coryea on notice that her potential termination would be discussed at a future meeting. Van Ostenbridge made that motion with no advance notice given to the public or the commission as a whole.
When opposing the motion, Commissioner Reggie Bellamy said the efforts to oust Coryea appeared to be “premeditated.” Commissioner Carol Whitmore said they appeared to be “orchestrated.”
It was also learned that Van Ostenbridge requested and received a private meeting with Coryea earlier that morning, during which he asked Coryea to resign without first consulting with the commission as a whole. Coryea told Van Ostenbridge she would not resign.
On Feb. 23, Coryea and the county commission mutually agreed to a separation agreement that ended her tenure as county administrator and called for her to receive approximately $204,000 in compensation from the county.
Settlement reached
When contacted May 4, Barfield said, “They are reimbursing not all, but a significant portion of my costs. There were no attorney fees because I didn’t hire an attorney. That probably saved them another $10,000 or $15,000 in legal fees. Vanessa Baugh hasn’t settled yet.”
On Tuesday, May 11, the county commission will discuss Satcher and Van Ostenbridge’s request to collectively be reimbursed $60,000 for the attorney fees and costs they incurred as defendants. Attorney Morgan Bentley represented Van Ostenbridge and attorney Robert Robinson represented Satcher.
As of Sunday, the meeting packet for Tuesday’s meeting did not include any documents that detail how the $60,000 reimbursement figure was determined. The reimbursement request requires the support of at least four commissioners.
The meeting packet includes a memo from County Attorney Bill Clague that states, “Florida law allows the county to pay the legal expenses incurred by commissioners in this case, subject to the board finding that the commissioners were performing their official duties for a public purpose in the matters covered by the litigation.”
On Thursday, May 6, The Sun requested from the Manatee County Records Division, acting County Administrator Scott Hopes and others any documents Satcher and Van Ostenbridge provided in support of their $60,000 request. The only response received was from Clerk of the Circuit Court and Comptroller Angelina Colonneso, who also requested those records.
“We are requesting the itemized receipts which would be needed prior to any reimbursement. The request will be made of the commissioners themselves, not via the county,” Colonneso stated in her response, adding that she will provide copies of those documents when received.
“We had one very brief hearing in this case and one all-day deposition (for Van Ostenbridge). I can’t figure out how they could cumulatively run up legal bills for $54,000. They’re only paying me $6,000,” Barfield said.
“We’re entitled to see the back-up material: the amount of fees, the billing hours incurred and the rates they’re paying their attorneys. It has to be a reasonable number. You can’t determine reasonable costs until you know what the $54,000 is based on. In my view, all of this should come out of their own pockets because they failed to comply with the law, and they didn’t turn over any records until after a judge issued an order for them to do so. They are now asking the county taxpayers to support their violations of the Public Records Act,” he added.
In response to a criminal complaint also filed by Barfield, the Florida Department of Law Enforcement (FDLE) conducted a criminal investigation of Baugh, Kruse, Satcher and Van Ostenbridge.
On March 19, FDLE spokesperson Jeremy Burns provided a case summary that stated, “In December, the state attorney for the 12th Judicial Circuit requested FDLE’s assistance with reviewing a citizen complaint concerning allegations of Sunshine Law violations and possibly other law violations by several Manatee County commissioners. FDLE Agents met with the complainant who alleged that James Satcher, George Kruse, Vanessa Baugh and Kevin Van Ostenbridge conspired to reverse a controversial land purchase (the Lena Road property) and to fire the Manatee County administrator. There was no information obtained to substantiate that a criminal violation occurred.”
By settling the lawsuit, the defendants are neither admitting or denying the allegations made by Barfield in his civil suit, but are, in part, “entering into this agreement for the purpose of avoiding greater future costs.”
Bower memo
In response to the reimbursement request, District 3 resident and former commission candidate Matt Bower submitted to the county a four-page memorandum in opposition to the award of attorney fees.
“At this time, no documentation has been presented to the board or to the public giving rise that these two commissioners actually paid for the legal services they are requesting reimbursement. Considering the asset and income disclosure by each of these two commissioners at the time of their filing for county commissioner, it is difficult to believe either commissioner personally paid for such legal services. To even consider whether such legal fees should be reimbursed, the burden of proof is upon these two commissioners to submit proof – copies of checks, wiring of funds or otherwise – that such fees were paid and incurred,” Bower’s memo states.
According to the disclosure form Satcher filed when seeking office, Satcher Ministries earned $28,932 and Satcher earned $16,714 as a business consultant per his 2019 federal tax returns. According to his disclosure form, Van Ostenbridge earned $20,000 from Boyd Realty and $58,791 as the owner-operator of Be Easy Tours. Manatee County Commissioners currently earn approximately $90,000 per year.
“If an award of attorney’s fees is granted, those fees must be considered reasonable. Thus, without a billing ledger from the commissioners’ attorney, no board member, nor the public, is in a position to grant this request. I find it disingenuous that a billing ledger has not been provided,” Bower’s memo stated.
Baugh deposition and hearing
“I’ve said I wouldn’t end the case until I have comfort that I received all the records I requested. I’m not there yet with Commissioner Baugh,” Barfield said.
On May 5, 12th Judicial Circuit Court Judge Charles Sniffen approved Barfield’s request to depose Baugh under oath on Friday, May 14. A subsequent hearing before Sniffen has been scheduled on Friday, May 26 at 9 a.m.
On April 27, Tallahassee-based attorney George Levesque sent Sniffen a letter on behalf of his client, Baugh.
“In light of the allegations made in Mr. Barfield’s petition, the undisputed sworn evidence and the procedural history in this case, we believe there is just cause for this court to dismiss or deny the petition. Commissioner Baugh would like for this court to conduct a non-evidentiary hearing to afford her the opportunity to advance these arguments,” Levesque’s letter stated.
Barfield said he hopes the May 26 hearing produces a ruling as to whether Baugh has fully complied with the Public Records Act.
