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Tag: John Metz

Bradenton Beach CNOBB filings insufficient

 CNOBB filings deemed insufficient

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

BRADENTON BEACH – The statement of organization and campaign treasurer’s report recently filed by the Concerned Neighbors of Bradenton Beach (CNOBB) both contain insufficiencies, according to the city clerk and city attorney.

CNOBB filed a statement of organization with the clerk’s office designating the neighborhood group as a political committee on Oct. 24, and filed its first campaign treasurer’s report on Oct. 30.

Both filings prompted City Clerk Terri Sanclemente and City Attorney Ricinda Perry to send letters to CNOBB addressing procedural or statutory insufficiencies.

“I sent them a certified letter sharing what I found to be potential deficiencies they may want to address. If a complaint is filed, it’s up to another governmental body to determine if the filing is compliant with state election law,” according to Sanclemente.

Sanclemente’s letter noted that CNOBB filed its statement of organization and appointment of a registered agent and treasurer more than 10 days after the group was organized, possibly a violation of state law.

“Each political committee that receives contributions or makes expenditures during a calendar year in an aggregate amount exceeding $500, or that seeks the signatures of registered electors in support of an initiative, shall file a statement of organization within 10 days after its organization,” according to Chapter 106.03 of the Florida Statutes.

CNOBB adopted its bylaws on June 27. In early August, CNOBB initiated a petition drive to get three charter amendment questions placed on this year’s city ballot. In mid-October, CNOBB mailed out postcards seeking support for its charter amendments.

The statement of organization declares the group’s special interests to be “charter initiatives and educating the public.” Bill Vincent is designated as the political committee’s registered agent and chairperson and John Metz is the treasurer.

Perry said CNOBB’s statement of organization fell short of requirements by failing to provide the names, addresses and positions of any other principal officers; failing to declare if the group intends to continue as a political committee after the city elections; and failing to provide a statement as to when CNOBB was formed as an electioneering communications organization that distributes campaign-related materials.

CNOBB’s initial campaign treasurer’s report covers a self-created reporting period from Aug. 15 to Oct. 27. Bradenton Beach City Commission candidates filed six date-certain campaign treasurer’s reports during that same time frame.

Chapter 106.07 of the Florida Statutes states: “Any candidate or political committee failing to file a report on the designated due date is subject to a fine for each late day.”

On Nov. 2, Sanclemente sent Metz a letter pertaining to his treasurer’s report.

CNOBB member Tjet Martin
CNOBB member Tjet Martin signed a financial report the city clerk said should have been signed by the CNOBB chairperson. – Joe Hendricks | Sun

“I have received your campaign treasurer’s report summary and I have found two insufficiencies.

1. Tjet Martin has signed as chairperson on the treasurer’s report you submitted, however Mr. Vincent is listed as the chairperson on the DS-DE 41 (form) submitted on 10/24.
2. The spending of funds before registering as a committee,” the letter said.

When asked about the letter, Sanclemente said the financial report needed to be amended to address the insufficiencies she cited.

Former Mayor Jack Clarke had already filed complaints with the Florida Elections Commission against CNOBB and its steering committee members by the time the overdue statement of organization and campaign treasurer’s report were filed with the city.

CNOBB finances

The campaign treasurer’s report lists $4,430 in loans and contributions and $3,812 in expenditures.

The report lists 24 $10 or $20 membership fees received between Aug. 15 and Aug. 23; and four more received on Oct. 10. On that same day, CNOBB member and Bradenton Beach Marina President Mike Bazzy contributed $1,070 and Martin loaned CNOBB $1,000. Martin is Mayor Bill Shearon’s life partner and personal caregiver.

On Oct. 23, Metz and CNOBB member Reed Mapes each loaned the political committee $1,000. If the political committee disbands after the elections, any money remaining from the three loans could be reimbursed to those who made them.

The only contribution or loan received after CNOBB filed its statement of organization on Oct. 24 was the $50 former City Commissioner Janie Robertson donated on Oct. 26.

The reports states the Kirkland and Harrison law firm was paid $3,000 on Oct. 23 for legal services associated with CNOBB’s efforts to get their charter amendments placed on the ballot. The $396 expenditure for campaign postcards and $154 expenditure for postage are dated Oct. 10. The $80 reimbursement to CNOBB member Carol Harrington for a post office box is dated Aug. 22.

The only expenditure dated after the statement of organization was filed is the $179 reimbursement made to CNOBB member Joanne Keir (misspelled Kerr on the report) for newsletters.

Sunshine lawsuit filed

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

BRADENTON BEACH – Six current and former city board and committee members are named as defendants in a Sunshine Law suit filed Friday.

“This is an action of the Government-in-the-Sunshine Law against the defendants seeking declaratory and injunctive relief for holding meetings outside the Sunshine Law and contrary to the express written directive of the city attorney,” the lawsuit complaint states.

Bradenton Beach Planning and Zoning Board member John Metz and former board members Reed Mapes, Patty Shay and Bill Vincent are named as defendants. Vincent, Shay and Mapes resigned from the planning board after the alleged Sunshine violations were discussed at the Aug. 3 City Commission meeting.

Scenic WAVES Committee chair Tjet Martin and committee member Rose Vincent (Bill Vincent’s wife) are also named as defendants. All six defendants are affiliated with the non-city-sanctioned Concerned Neighbors of Bradenton Beach (CNOBB) group.

The city of Bradenton Beach and former Mayor Jack Clarke are named as co-plaintiffs and will be jointly represented by Sarasota attorney Robert Watrous. Paralegal Michael Barfield will provide legal assistance. The case is assigned to Judge Lon Arend.

The lawsuit seeks rulings on whether Sunshine violations occurred and what corrective actions can be taken.

“Plaintiffs are entitled to an award of attorney fees and costs for prosecuting this action,” the complaint states.

CNOBB discussions

The complaint cites a July 25 CNOBB meeting where Mapes, Metz, Shay, Bill Vincent, Martin and others discussed prohibiting parking garages.

“The Sunshine Law requires advance notice to the public and an opportunity for public comment at any meeting or discussion on issues that are reasonably foreseeable to come before any board or collegial body,” the complaint states.

CNOBB agendas are posted at the group’s website, but residents and business owners were not given formal city notice about a parking garage discussion.

The planning board participated in Sunshine-compliant parking garage discussions when reviewing the updated Community Redevelopment Agency (CRA) plan in April.

“Because the P&Z board acts as the local planning agency, it is reasonably foreseeable that its duties will include future consideration of whether a parking garage should be constructed within the city. Only after engaging in substantive discussion did the defendants recognize that they should not discuss the matter any further because of the Sunshine Law,” the complaint says.

The complaint mentions an Aug. 3, CNOBB meeting discussion on the proposed CRA district master plan and says Martin and Rose Vincent knew or should have known that issues discussed at a CNOBB meeting could foreseeably come before Scenic WAVES.

“It will come before Scenic WAVES,” Martin said during the meeting.

Rose Vincent did not participate in the master plan discussion, but she was present during part of the meeting.

Barfield requested e-mails, text messages and social media communications exchanged by any of the four planning board members from June 1 to Aug. 8. He made a similar request to Martin.

On Friday, Barfield sent the city clerk and city attorney a 793-page document containing Mapes’ e-mails and attachments, some of which predate CNOBB’s first public meeting on July 11.

On June 12, Mapes e-mailed Bill Vincent about Metz joining CNOBB.

“I spoke to John. He is concerned about sunshine issue,” Mapes wrote.

On July 11, Mapes sent Vincent, Metz and others an e-mail referencing a parking garage prohibition and the city’s future land use map.

Co-plaintiffs

On Thursday, Aug. 3, commissioners voted 5-0 in favor of joining the proposed legal action at a cost not to exceed $5,000. This was after Perry told them three potential plaintiffs contacted Barfield. The commission agreed that joining as co-plaintiffs would signify proactive measures being taken by the city to address existing and future Sunshine concerns.

Earlier that day, Metz suggested the city would pay the board members’ legal fees if legal action ensued. It’s unlikely the city, as co-plaintiffs, will do that.

On Monday, Aug. 7, Clarke reached agreement with Watrous to serve as a plaintiff and the commission voted 3-1 in favor of Mayor Bill Shearon executing a similar retainer agreement on the city’s behalf. Shearon said he changed his mind and now opposed the legal action. Martin, his life partner, had not yet been named as a defendant.

Commissioner Marilyn Maro was not present for the Aug. 7 vote.

“As a former city official, I am acutely aware of the Florida statutes referred to as Sunshine Law,” Clarke said later. “When it became clear to me that the core group of CNOBB disregarded these laws, I sought remedy against those I knew were putting the city at risk.”

In 2015, Barfield assisted in the successful defense of a lawsuit Metz filed against Clarke.