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Tag: Jack Clarke

Former Mayor Bill Shearon passes away

Former Mayor Bill Shearon loses life to cancer

BRADENTON BEACH – Former Bradenton Beach Mayor Bill Shearon lost his life Thursday evening to cancer.

After serving as a Planning and Zoning Board member and a city commissioner, Shearon was elected mayor when he defeated incumbent Mayor John Shaughnessy in the 2013 city elections.

Shearon’s signature accomplishment as mayor was guiding the construction of the $1.4 million Bridge Street Pier completed in early 2015 and co-funded by Manatee County.

Former Mayor Bill Shearon passes away
On Jan. 23, 2015, Mayor Bill Shearon presided over the opening of the new Bridge Street Pier with Commissioner Janie Robertson standing nearby. – Joe Hendricks | Sun

Shearon and Police Chief and Pier Team Facilitator Sam Speciale worked together on the pier replacement project and later envisioned the new floating dock that now sits next to the pier.

While in office, Shearon had some favorite sayings that included, “It is what it is.”

When Shearon and the other commission members disagreed and couldn’t find common ground, Shearon often said, “We just agree differently on things.”

When describing a challenging or labor-intensive effort, Shearon often said, “It’s like eating an elephant: one bite at a time.”

During Shearon’s first term in office, Commissioner Janie Robertson was his most reliable commission ally, but the mayor frequently lacked the majority support of the commission as a whole. This hindered Shearon’s ability to pursue projects he believed beneficial to the city, including his long-desired, never-realized goal of establishing a managed mooring field south of the pier. He also proposed a never-pursued parking garage as a companion project to a mooring field.

Toward the end of his second year in office, Bradenton Beach voters removed Shearon from office and replaced him with Vice Mayor Jack Clarke as a result of the May 19, 2015 recall election.

Undaunted by the recall results, Shearon sought to reclaim the mayor’s seat in the general election later that year that resulted in he and Clarke receiving the exact same number of votes. After a recount produced the same results the following day, Manatee County Supervisor of Elections Mike Bennett asked Clarke and Shearon to draw playing cards to determine the race winner.

Former Mayor Bill Shearon passes away
On Nov. 4, 2015, Bill Shearon drew the ace of clubs that won him a second term as Bradenton Beach mayor. – Joe Hendricks | Sun

In that now-infamous tie-breaker, Shearon drew an ace of clubs to best the 10 of clubs Clarke drew. Shearon then served a full two-year term as mayor before being defeated by former mayor John Chappie in the 2017 city elections.

During his second term in office, Shearon supported and had the support of the residents who would form the Concerned Neighbors of Bradenton Beach (CNOBB) neighborhood group in 2017.

During and after his time as mayor, Shearon, who was legally blind, enjoyed his daily walks around the city with his faithful guide dog, Reece.

Shearon is survived by his longtime life partner Tjet Martin. In addition to assisting Shearon with his visual challenges, Martin oversees the operations of the Linger Longer resort that also served as the couple’s beachfront home.

Reflections from others

County Commissioner Carol Whitmore had this to say about the late mayor: “Bill was a friend to my husband and I. I knew Bill as a patient of my husband’s and we later worked together in Island politics, which is always interesting. He was a good guy who loved his city and loved life. Bill accomplished a lot with his disability. I learned so much about the value of working dogs and blindness. I will miss the fiery redhead who had a passion that many found hard to understand. My thoughts and prayers are with the love of his life, Tjet Martin, and with his family.”

Lt. John Cosby, from the Bradenton Beach Police Department, said, “Bill had a good sense of humor and he definitely liked to do things his own way.”

Speciale said, “It was tough sometimes to work for Mayor Shearon, but it was easy to work with him. He had his own ideas about what he wanted, but if you could show him a different way, he was open to that. If you showed him respect, he respected you back.”

Sunshine trial gets underway

Sunshine trial gets underway

BRADENTON – The Sunshine Law lawsuit involving the city of Bradenton Beach and six former city advisory board members is underway.

The civil trial began today. The suit was filed in 2017 on behalf of the city and co-plaintiff Jack Clarke. It alleges that former Planning and Zoning Board members Reed Mapes, John Metz, Patty Shay and Bill Vincent violated the Florida Sunshine Law by discussing past, present and potential board business at Concerned Neighbors of Bradenton Beach (CNOBB) meetings in July and August of 2017. The lawsuit alleges similar Sunshine Law violations were committed by Scenic WAVES Committee members Tjet Martin and Rose Vincent.

The trial is expected to last all week and possibly conclude on Friday.

Attorney Robert Watrous is representing the city and Clarke in this case, assisted by City Attorney Ricinda Perry and paralegal Michael Barfield. Attorney Thomas Shults is representing Metz, assisted by attorney Jodi Ruberg. The other five defendants are representing themselves.

Sunshine trial gets underway
Defendants Reed Mapes, Bill Vincent, Rose Vincent (obscured), Patty Shay, Tjet Martin, attorney Jodi Ruberg (obscured), attorney Thomas Shults and defendant John Metz sat side by side as the trial began. – Media Pool Photo | Submitted

Twelfth Judicial Circuit Court Judge Edward Nicholas is presiding over the bench trial and he alone will determine the innocence or guilt of the six defendants. The trial is taking place at the Manatee County Judicial Center in downtown Bradenton.

The trial began with Watrous and Shults seeking rulings on pretrial motions and other legal housekeeping matters.

When seeking a motion regarding the alleged spoliation of evidence, Watrous accused the defendants of intentionally withholding information during the pre-trial discovery process – included a recording of the July 14 CNOBB meeting that Shults did not provide Watrous until the day after Metz’s July 2 deposition. During that CNOBB meeting, Mapes initiated discussion on a quasi-judicial land use issue that was currently before the Planning and Zoning Board regarding the Bridge Tender Inn’s Dockside Bar seating capacity.

Nicholas denied the preliminary motions and said he would take them under advisement individually as the trial moves along.

Opening statements

During his opening statements, Watrous said the city’s legal team has compiled a large amount of information that he believes supports the allegations. The evidence includes email exchanges, audio recordings of CNOBB meetings, city meeting minutes, newspaper articles and more.

Sunshine trial gets underway
City resident Jack Clarke, Mayor John Chappie, City 0Attorney Ricinda Perry, paralegal Michael Barfield and Attorney Robert Watrous sat together at the plaintiffs’ table. – Media Pool Photo | Submitted

Watrous said the evidence would show that CNOBB consisted of extremely zealous individuals that formed their own shadow government because they did not feel their voices were being heard by the city commission.

Watrous said the defendants have claimed they are the victims in this case, portraying themselves as innocent retirees who volunteered their time to serve on city advisory boards.

Watrous said that all six defendants received Sunshine Law training while serving as city advisory board members but chose to “turn a blind eye” when moving forward with their CNOBB activities.

He also noted the defendants never sought the advice of the Manatee County attorney’s office or outside counsel regarding whether their participation in CNOBB meeting discussions were Sunshine Law-compliant.

“This an intentional act on their parts. I’m not saying they’re bad people, but they exercised bad judgment,” Watrous said.

During his opening statements, Shults said this case is really the story of six citizens who volunteered to serve on city boards without compensation. He also said this is the story of six citizens and their constitutional rights to petition their city government for changes to the city charter.

Shults said the defendants should be commended for their service to the city and halting their July 25, 2017 discussion about prohibiting parking garages after only six minutes of discussion.

Shults said no Sunshine Law violations occurred, but if they had they would have been cured by the resignations of all six defendants before or after the lawsuit was filed in August 2017.

“That should have been the end of this matter,” Shults said. “They should have been saluted instead of being sued. Here we are two years later.”

After the lunch break, Watrous and Barfield read aloud excerpts from the printed transcript of Bill Vincent’s December 2018 deposition. Barfield read Vincent’s responses to questions Watrous posed late last year about his city-mandated Sunshine Law training, the April 2017 Planning and Zoning Board discussions he participated in regarding parking garages and his role in creating and chairing CNOBB.

Sunshine reaction

Sunshine press conference reactions differ

Updated May 26, 2018

BRADENTON BEACH – City residents Jim Hassett and Jack Clarke hold differing views on statements made during the Thursday, May 17 Sunshine Law lawsuit press conference.

After paralegal Michael Barfield concluded his remarks inside city hall, Hassett said, “Anybody wanna hear what some of the citizens think?”

Hassett was a member of the now-disbanded Concerned Neighbors of Bradenton Beach neighborhood group at the center of the lawsuit, but he is not named in the lawsuit.

“I firmly believe the city, the council and the mayor could’ve looked at this entirely different.”
Jim Hassett, Bradenton Beach resident

Standing outside city hall, Hassett acknowledged he’d only heard the tail end of the press conference and that he was friends with some of the defendants.

“I truly believe the mayor and council have very strong feelings about the Sunshine Law and I kind of agree there’s reasons to have the Sunshine Law. However, my feelings are the interpretation of the Sunshine Law in this scenario could easily have been handled a lot quicker, a lot sooner and a lot cheaper than what we’re putting some everyday citizens of Bradenton Beach through,” he said.

“Yes, they did take a Sunshine Law class, but it appears in doing so they put themselves in harm’s way. They did do some things that might have crossed a line – some of them with more personal knowledge of doing so than others, and some with no intent whatsoever to do anything bad for the city,” Hassett said.

“I firmly believe the city, the council and the mayor could’ve looked at this entirely different. I think the city could’ve said, ‘Look folks you messed up and these are some of the things we can do right away,’ ” Hassett said, citing board member resignations as one quick cure.

Planning and Zoning Board members Bill Vincent, Reed Mapes and Patty Shay tendered their written resignations on Aug. 4 – before the City Commission, on Aug. 7, voted 4-1 in favor of pursuing legal action. Metz, Martin and Rose Vincent resigned after the lawsuit was filed.

“I’ve been naïve and perhaps misguided in thinking that grown adults, knowing about the Sunshine Law, could voluntarily and effectively stay away from it,” Vincent said when informing the commission of his intent to resign, which he did the following day.

Barfield referenced Vincent’s remarks during the press conference and he said none of the defendants has formally admitted to committing Sunshine Law violations.

“We have been reasonable and measured in reaching out to the defendants in an effort to gain their cooperation,” Barfield said.

“What they did was wrong. It’s against the law.”
Jack Clarke, Bradenton Beach resident

Rejected settlement offer

Later in the week, Hassett said he was not aware of the settlement offer proposed in September.

Representing five of the six defendants at the time – Reed Mapes, Tjet Martin, Patty Shay and Bill and Rose Vincent – attorney Jim Dye sent attorney Robert Watrous a letter on Sept. 5 stating that each defendant was willing to pay the city a $100 settlement, with no admission of wrongdoing.

“There will not be an admission or denial of liability of fault,” Dye’s letter said.

“My clients categorically reject your settlement offer,” Watrous wrote in his Sept. 22 response on behalf of the city, noting there wouldn’t be a counteroffer.

Clarke’s take

Clarke, a former Bradenton Beach mayor, also addressed the media. He and the city are co-plaintiffs in the lawsuit.

“What they did was wrong. It’s against the law. The law is not that complicated, but it does define the Sunshine Law violations as not only meeting in a room or in a group, but any type of communication up to and including email,” Clarke said.

“I don’t know a way it could be handled differently. A violation is a violation. When the city embarked upon this lawsuit the city itself was open to a lawsuit. If the city took no action in this case then they would be subject to a lawsuit from outside. Somebody could say the city did not exercise proper oversight and the opportunity to cure this would not have presented itself. I think Mr. Barfield and the city attorney and the mayor did a terrific job of laying this out for you folks,” Clarke said.

Related coverage

Press conference sheds light on Sunshine lawsuit

Judge denies witness sequestration in Sunshine suit

Metz defense challenges Sunshine Law

Sunshine lawsuit filed

Get in the game

By Jack Clarke

Can you name your city commissioners? Have you made the effort to speak in person to any of them?

Many of your elected officials are open to your ideas and thoughts, many less so. This is not exclusive to Bradenton Beach or our other Island cities, but as famous congressman Tip O’ Neill once said, “All politics is local.”

I am a resident and recovering politician in Bradenton Beach. It was my honor and privilege to serve as commissioner, vice mayor and, briefly, as the mayor of the city.

Island politics are tumultuous at best. But for a person who really wants to make a difference – that over-used phrase – 2018 is the year. There is little reward for the many hours of hard work commissioners do, except for the feeling of accomplishment and the satisfaction of service to community and neighbors.

City commissioners make many decisions that impact daily life Bradenton Beach, including how torn up driveways will look after the county’s force main project is completed, how your tax dollars are used and which projects will be pursued using those funds.

I’m not flying any flag, supporting any candidate or asking for your vote. I’m only asking that you vote, know the issues and consider placing your own name on the ballot. With the recent elimination of ward boundaries, you are eligible to run for a commission seat regardless of where you live in the city, as long as you’ve been a city resident for at least one year. Details on how to qualify as a commission candidate are available at the three city clerks’ offices or at the Supervisor of Elections Office website, www.votemanatee.com.
If you stay on the sidelines, your voice will not be heard.

Bradenton Beach resident Jack Clarke served as vice mayor and mayor of Bradenton Beach from 2013-2015.

Sunshine defendants

Judge denies witness sequestration in Sunshine suit

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.