BRADENTON BEACH – City Attorney Ricinda Perry maintained at a Sept. 16 work meeting that she was not provided proper notice or adequate time to prepare a response to allegations that she had named Drift-In owner Derek Williams as the source of a violation complaint against a neighboring business.
The meeting was called to discuss “City Attorney Performance” based on reports that Perry named Williams as having made a complaint to the Florida Department of Environmental Protection (FDEP) against the Anna Maria Oyster Bar (AMOB) for three over-water tiki structures. Williams subsequently made a public records request to the agency and the response from FDEP was that there was no complaint filed, instead, the violation was seen during a routine inspection for the city’s submerged land lease renewal.
“At the most recent meeting (Sept. 4) I addressed the commission and more specifically Attorney Perry about the accusation that ‘Derek Williams filed a complaint with the Florida DEP about the city pier,’ Williams wrote in a Sept. 9 email to Mayor John Chappie and Police Chief John Cosby.
Williams included the email response from FDEP Public Information Specialist Brian Humphreys, which stated, “I’m in receipt of your request for public records regarding 200 Bridge Street, Bradenton Beach, FL. I checked with our staff who advised we are unaware of any complaints received for that site, so I have no complaint records to share with you.”
That correspondence triggered the Sept. 16 meeting.
“I wanted to bring this before the commission to see what kind of direction, to see what your questions are for Mr. Lincoln,” Chappie said. “We have the backup material that has been provided from the meeting on Sept. 4, we have the email from Mr. Williams on Sept. 9 and we will be bringing into the record the public comment from Mr. (John) Horne.”
Attorney Robert Lincoln spoke on behalf of the city at the Sept. 16 meeting. He referenced an email Perry sent to Chappie on Sept. 15.
That email stated in part: “The notice for this meeting was posted on Friday afternoon, Sept. 12, 2025. There is no stated emergency necessitating an expedited meeting.”
She noted that the Sunshine Law requires that meetings of collegial public bodies be open to the public and preceded by reasonable notice.
“Last minute Friday notice for a meeting for two business days later concerning the performance of a charter officer does not satisfy those standards,” Perry wrote, and requested that the meeting be rescheduled with “reasonable advance notice and an agenda that identifies the specific topics to be discussed.”
“Should the meeting proceed as scheduled, I object to proceeding on the current notice and reserve all rights and remedies available under Florida law,” Perry wrote.
Lincoln said there are cases in which 72 hours of weekend notice of a special meeting are sufficient.
“To the extent that you have a workshop today to discuss her performance, I don’t think there is any question that was adequately noticed,” he said.
Lincoln said the notice issue could be subject to challenge and recommended that if the commission chose to take formal action, it might be better done at a later meeting.
“I think it would address the issues Ms. Perry raised not only on the Sunshine Law, but on the question of fairness,” Lincoln said. “The commission by majority vote can terminate her but can make that decision any time. I think that the agenda that the mayor laid out provides for a workshop discussion.”
Perry speaks
“Mayor and commission, I’m not going to regurgitate the correspondence that’s in your file. I have retained Michael Barfield, who is a pre-eminent expert on Sunshine Law and public records. When I generated that correspondence it was after conferring with Mr. Barfield,” Perry said.
She said she and Barfield agreed that it would be improper to proceed at the Sept. 16 meeting.
“What the city has always done is take the strongest position on transparency possible, has always taken the most cautious approach as possible when it comes to public meetings and public records,” Perry said. “I would expect that this proceeding for someone who is in the 21st year of service to the public as a charter official to have that same measure.”
She said it was unreasonable to provide her with just two days to respond to the allegations and work with Barfield to produce an adequate response.
“To parade me in front of the public, in my opinion it’s not just my rights that I’m asking the city to protect, but it’s future department heads and government officials. They’re entitled to more than two business days to have a clear and open discussion that the public is entitled to,” Perry said. “I’m sure everybody wants to hear both sides of what’s going on. In my opinion (the newspapers) saying there is going to be a meeting, that is not sufficient notice.”
Perry said she deserves an opportunity to adequately put together the records that are needed and was not prepared to address the allegations in a substantive fashion.
“I have hired an expert to do that, and I would like an opportunity to make my case,” Perry said. “My notice was the same notice the public received, an agenda packet. How is that reasonable?”
Public comment
A letter in support of Perry from AMOB CEO John Horne was read into the record.
The letter stated in part: “I wish to extend my deepest appreciation for the tireless efforts of our city attorney. Her leadership and commitment during the recovery effort for Bradenton Beach residents and merchants cannot be overstated.”
“I just want to say that it’s very discouraging that we’re to this point,” said Helena Williams, co-owner of the Drift-In. “One thing we noticed early on is the uncanny way local business and property owners are pitted against each other.
“Lawyers are to be held to a higher standard,” Williams continued. “Ethics and morals matter. There is a reason we are being dragged into this. We’ve asked some tough questions. We deserve honest answers. Help us remove our doubt and stop the lies.”
Gayle Luper, owner of Bungalow Beach Resort, said Perry continued to be involved in her dispute with the city despite Lincoln being appointed to conduct the hearing for Luper’s petition to allow resort fee-based parking.
“For the city to move forward, Ms. Perry’s role should end. I’m asking you to terminate her,” Luper said.
“I don’t understand why I’ve been treated the way I’ve been,” Derek Williams said. “This is damaging and defaming to me and my family and the things we’re trying to do.”
Ryan Davis and Jim Hassett spoke in support of Perry and her efforts following the hurricanes.
Commission comments
“What she’s done for the businesses and the city I would give her an A+,” Commissioner Jan Vosburgh said.
“She has the right to defend herself or to clear her name,” Vice-Mayor Deborah Scaccianoce said. “Any decision we make should be an informed decision, not a one-sided decision. I don’t have any documentation to negate or support anything. It’s not fair to Derek and what he’s told us and it’s certainly not fair to Miss Perry.”
Commissioner Scott Bear said Perry has done great work for the city after the hurricanes.
“We have information that was provided that looks pretty damning, but I honestly don’t think providing two days’ notice for Ricinda to properly provide a response is enough, so I don’t think we should be making any decisions today,” Bear said. “What I’d like to understand is who Ricinda talked to at DEP. I’d like to talk to those people to find out what the conversations were. I’d prefer that she be given time to provide a response.”
Commissioner Ralph Cole said more information is needed.
“I have no information for the reason for being here, other than one letter and the minutes of the meeting, which don’t accuse one particular person of anything,” Cole said. “The minutes say somebody or someone, there’s no name mentioned. I think everybody has the right to defend themselves, one side or the other and to see exactly why someone wants me to fire the city attorney. I would agree we need to prolong this.”
Chappie said he agreed with the commissioners and said individual rights need to be protected.
“I agree we need to give her more time,” Chappie said. “It’s tough. I know it’s tearing Ricinda apart and it’s tearing the city apart. We can set a time for the next meeting.”
No meeting date has yet been set.
The meeting video can be viewed in its entirety here.
