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Tag: Bill Shearon

Sunshine defendants

Judge denies witness sequestration in Sunshine suit

Written by Joe Hendricks on . Posted in Bradenton Beach, Community News.

BRADENTON – 12th Judicial Circuit Court Judge Lon Arend has rejected defendant John Metz’s request to sequester non-party witnesses in a Sunshine Law lawsuit.

“I don’t find that I have the authority to sequester the witnesses, so I deny the motion,” Arend said, as the 40-minute hearing concluded on Wednesday, May 9. Arend also denied the defense’s last-minute, verbal request to sequester the transcripts of depositions given by non-party witnesses.

During depositions, defendants, plaintiffs and witnesses give individual testimony under oath in a non-courtroom setting with a court reporter transcribing what’s said. The written transcripts can then be used in court to support or contradict additional testimony given, or used if a witness can’t be present.

In some cases, witnesses are sequestered from hearing the testimony of others to prevent them from being influenced by that testimony or trying to match it.

“We want this to be open to the public, why don’t they? Who are they trying to keep out? They don’t want the press to attend these depositions,” attorney Robert Watrous successfully argued for the co-plaintiffs, the City of Bradenton Beach and Jack Clarke.

“It’s not the general public, it’s not the citizens, it’s not even the media that we’re concerned about. It truly is non-party witnesses, somebody who would potentially be a witness,” said attorney Jodi Ruberg, representing defendant Metz.

The co-plaintiffs filed a lawsuit against Metz and five other members of two Bradenton Beach boards last August, alleging they violated the Florida Sunshine Law. Metz and three other defendants – Reed Mapes, Patty Shay and Bill Vincent – are former Bradenton Beach Planning and Zoning Board members. Defendants Tjet Martin and Rose Vincent are former members of the city’s Scenic WAVES Committee. All six defendants resigned after the lawsuit was filed.

The lawsuit alleges the defendants discussed past and potential future board and committee business outside of a city meeting publicly noticed by the city clerk’s office. The alleged Sunshine violations stem from a Concerned Neighbors of Bradenton Beach meeting in July and additional email exchanges discovered later.

On April 13, Metz’s attorneys filed a motion asking the court to sequester the depositions of non-party witnesses. Non-party witnesses are those not directly named as defendants or plaintiffs.

Sunshine Judge
Judge Lon Arend rejected the defense’s request to sequester witnesses. – Joe Hendricks | Sun

Arend said he has some concerns about how the deposition proceedings would be handled and he noted he has the authority to limit who’s in attendance. It is not yet known if the press or public can attend the defendant depositions scheduled to begin with Metz on May 23. Arend said that question may require another ruling from him if the parties can’t agree.

Attorney’s arguments

Metz and Martin attended Wednesday’s hearing accompanied by former mayor Bill Shearon and former City Commissioner Janie Robertson. Clarke also attended the hearing.

Attorney Jim Dye represented Mapes, with Ruberg representing Metz. The other four defendants have withdrawn their legal counsel and will represent themselves.

Paralegal Michael Barfield was on hand to assist Watrous, with City Attorney Ricinda Perry serving as co-counsel.

Watrous successfully argued the defense didn’t meet the burden of proof needed to support the request to sequester, and he noted that neither he nor the defense has yet named any non-party witnesses.

Perry suggested the non-party witnesses might include herself, the city clerk and the city planner. She said as co-counsel, sequestering her from the testimony of others would prevent her from protecting her client, the city.

“The can of worms we’re opening here is daunting.”
– Robert Watrous, Attorney

Citing past cases, Arend expressed concerns about hundreds of people wanting to attend depositions and showing up in T-shirts that express support or opposition for the parties involved.

In response, Perry pointed out the four non-party attendees present: Shearon, Robertson and two newspaper reporters.

Watrous said the limited space inside the court reporters’ offices would automatically limit attendance.

Attorney Robert Watrous, paralegal Michael Barfield and City Attorney Ricinda Perry are serving as the city’s legal team. – Joe Hendricks | Sun

Arend said that even if sequestered, witnesses could still be given written transcripts of others’ depositions, which are also later made public at the Manatee County Clerk of Circuit Court website.

“Are you asking that as part of my order as well?” Arend asked.

“We actually are,” Ruberg said.

Arend said he’s never had anyone come before him expressing concerns about non-party witnesses attending depositions. He asked if there was anything particular that made the defense think this was going to happen.

Ruberg said Watrous had already filed affidavits for non-party witnesses. Watrous filed affidavits on Aug. 11, the day the lawsuit was filed; the parties mentioned were the clerk, the planner and the city attorney who has since joined as co-counsel.

Watrous said he did not know who he planned to call as non-party witnesses and he’s never heard of a request like this.

“Are they going to move to exclude witnesses when nobody knows if they are or aren’t going to be witnesses? The can of worms we’re opening here is daunting,” he said.

Due to time constraints, a second hearing pertaining to the defense’s motion to compel Clarke to provide additional documents was postponed to a later date.

CNOBB amendments

Elections alter Bradenton Beach’s political landscape

Written by Joe Hendricks on . Posted in Bradenton Beach, Community News.

BRADENTON BEACH – The Nov. 7 elections reshaped the Bradenton Beach City Commission and changed how future commission races will be run.

City voters elected Vice Mayor John Chappie to serve as the city’s next mayor, replacing current Mayor Bill Shearon.

First-time candidate Randy White won the Ward 3 race, defeating incumbent Commissioner Ralph Cole in what will go down as the city’s last ward-specific commission race.

“If the voters made their decision because of a parking garage, I’m sorry they were basically misled.” Ralph Cole, commission candidate

The city charter will be amended to incorporate three voter-supported charter changes proposed by the Concerned Neighbors of Bradenton Beach (CNOBB). These include the elimination of commission wards and the reduction of residency requirements for candidates.

Running unopposed, Ward 1 Commissioner Jake Spooner retained his seat and will serve another two-year term.

Chappie, White and Spooner will be sworn in at 1 p.m. on Monday, Nov. 20.

Open seat

Cole applies for commission seat
After losing his commission race, Ralph Cole is seeking commission appointment to a soon-to-be-vacated seat. – Joe Hendricks | Sun

The elimination of commission wards means Cole is among those eligible to serve the remaining year of Chappie’s two-year commissioner’s term.

Cole and CNOBB chairman Bill Vincent, a Ward 4 resident, have already submitted applications to the city clerk’s office in hopes of filling the seat that becomes vacant on Nov. 20.

In 2016, Vincent ran for the Ward 4 seat won by Chappie. He is one of six former city board members named as defendants in an unresolved Sunshine Law lawsuit.

Others interested in the commission appointment can apply with the clerk’s office.

City Attorney Ricinda Perry will draft ordinances to formalize each of the voter-supported charter amendments. The commission must then adopt the ordinances during two public hearings before the appointment process can begin on or around Dec. 7.

Post-election reactions

“I think people wanted a change. I think people are tired of all the controversy and negativity,” Chappie said of the mayor’s race.

“We have some challenges we’re going to work through to be a better community than we are today,” he added.

As mayor, Chappie plans to be a stickler for open government and Sunshine Law compliance.

He said he has no issues with the charter amendments or their impact on the pending appointment process.

“Anybody in the city who meets the basic qualifications to run for office can put in an application. That’s what the people wanted,” Chappie said.

“The voters spoke,” Shearon said. “I would’ve liked to have continued the progress I feel my administration’s made over the years. Now it will be up to the new commission.”

Shearon will not apply to fill the vacant commission seat and he does not think someone who just lost an election should either. He also said he did not intend to run for a commission seat in 2018.

“I’m going to be retired. I’m not going to be in government, but I’ve had a couple people ask me to provide consultation to help them get their projects through the maze of bureaucracy,” Shearon said.

“I think myself and John Chappie won because we were out there on the streets knocking on doors,” White said. “I covered the whole town and I know John did too. The ones who wanted the votes the most got elected.”

Regarding the appointment process, White said, “Everybody’s entitled to put their name in the hat. We’ll work with the system and hopefully we choose the right person.”

Cole said a campaign mailer White distributed inaccurately represented his views on the parking garage discussions Shearon and Spooner initiated in 2016; and he feels that contributed to his loss.

“If the voters made their decision because of a parking garage, I’m sorry they were basically misled,” Cole said.

Regarding his possible reappointment, Cole said, “There were 169 people who voted for me. If you’re going to change the rules, then I can do it. I’m not going to back down because I lost an election. I want to have a say with what’s going on.”

Spooner said, “I’m honored to have the opportunity to work for the citizens of Bradenton Beach for a second term. I look forward to help healing the divide and making the city even more beautiful, enjoyable and safe for all, while protecting the taxpayers’ investment in the city.”

He also said he sees nothing wrong with Cole or anyone else in the city applying to fill the vacant commission seat.

By the numbers

In the mayor’s race, Chappie received 232 votes (60 percent) and Shearon received 155 votes (40 percent).

In the Ward 3 race, White received 205 votes (55 percent) and Cole received 169 votes (45 percent).

The Amendment 1 proposal to eliminate commission wards received 207 votes of support (55 percent) and 171 votes in opposition (45 percent). All future commission races will now be at-large races.

The Amendment 2 proposal to reduce commission candidate residency requirements from two years to one year and eliminate the requirement that candidates be registered city voters received 212 votes of support (55 percent) and 174 votes in opposition.

The Amendment 3 proposal to limit the city commission’s ability to interpret the city charter received 243 votes of support (64 percent) and 134 votes in opposition.

Bill Shearon calls

Mayor in frequent contact with Sunshine defendants

Written by Joe Hendricks on . Posted in Bradenton Beach, Community News, Featured.

BRADENTON BEACH – Mayor Bill Shearon has had several private phone calls over the past two months with defendants named in a Sunshine Law lawsuit initiated by the city and resident Jack Clarke.

The lawsuit alleges six city-appointed board and committee members committed Sunshine Law violations when they discussed potential board and committee business during a Concerned Neighbors of Bradenton Beach (CNOBB) meeting in July.

CNOBB Sunshine Complaint

Billing records for Shearon’s city-issued cell phone indicate the mayor has had several conversations with defendants John Metz, Reed Mapes, Bill Vincent and Patty Shay since the Sunshine concerns first surfaced in late July.

Sarasota attorney Robert Watrous is representing the city and Clarke in the lawsuit filed on their behalf on Aug. 11.

When asked if Shearon’s frequent phone conversations with some of the defendants concerned him, Watrous said, “Yes, but I think it would be prudent for me to allow the mayor an opportunity to explain.”

On Sept. 6, the mayor and city commissioners participated in an attorney-client shade meeting that allowed them to privately discuss legal strategies pertaining to the lawsuit. Before the shade meeting started, Watrous and City Attorney Ricinda Perry suggested Shearon recuse himself because his life partner, Tjet Martin, is one of the six defendants. And at the time, Martin had direct access to lawsuit-related e-mails sent to Shearon’s city account because she assists the legally blind mayor with his e-mail.

Shearon said he was bound to the same confidentiality stipulations as the other commissioners and he refused to recuse himself. It was later agreed that future lawsuit-related communications to Shearon would be made by phone in order to remove Martin from the loop.

Constant contact

Between the shade meeting and the billing cycle’s end on Sept. 23, Shearon made or received 28 calls from lawsuit defendants: five involving Metz, 10 involving Mapes, 10 involving Vincent and three involving Shay, according to the billing records.

Two days after the shade meeting, Shearon called Metz, Mapes and Vincent within a 10-minute period. On Sept. 14, Shay returned a call from Shearon and they spoke for 13 minutes.

“Sometimes I have trouble remembering what I had for breakfast yesterday and you’re asking me what a phone call was about two months ago.”
Bill Shearon, Bradenton Beach Mayor

When city commissioners first discussed the potential Sunshine violations on Aug. 3, there was unanimous consensus to conduct an investigation. On Aug. 7, the commission, minus Marilyn Maro, voted 3-1 to hire Watrous and paralegal Michael Barfield to initiate a non-criminal lawsuit. The lawsuit seeks a judge’s ruling on whether Sunshine violations occurred. Shearon opposed the lawsuit.

Between the lawsuit filing and the shade meeting, Shearon had six phone conversations with Metz, eight with Mapes and six with Vincent. On Aug. 13, he initiated a 13-minute call to Metz. On Aug. 14, he had two calls with Vincent totaling 14 minutes. On Aug. 24, he initiated a 24-minute conversation with Metz. On Aug. 26, he initiated a 17-minute conversation with Mapes.

Mayor’s explanation

Last week, The Sun asked Shearon if any of these calls pertained to the lawsuit.

“No. I do not talk about the lawsuit. That’s against the law. Do you think I’d be that damn dumb?” he said. “They’re personal friends. I’m allowed to use my city cell phone for personal use. There’s times, for example, when we’ve been out for dinner.”

When asked if the calls might have pertained to other CNOBB matters, Shearon said, “I’m 70 years old. Sometimes I have trouble remembering what I had for breakfast yesterday and you’re asking me what a phone call was about two months ago.”

The Sun asked Watrous if Shearon’s communications could jeopardize the city’s case.

“Not necessarily. It would depend upon the content of the conversations. I think it would be prudent for the mayor and I to have a discussion on this. In a larger municipality, it would probably be unusual, but in a small, close-knit community and city government such as Bradenton Beach I’d like to afford the mayor an opportunity to explain. This puts me on notice and I’m going to make some inquiries,” Watrous said.