City outlines ‘deficiencies’ in Cushing’s work
BRADENTON BEACH – Mayor John Chappie read aloud a memo at a Feb. 20 City Commission meeting addressing the job performance of former city Building Official Darin Cushing.
The memo outlined what the city says were deficiencies in Cushing’s performance, including violation of state law, leadership and management issues, influenced decision-making and disregard of elected officials’ requests, among others.
Chappie suspended Cushing from his contractual city building official role on Jan. 22 and he was subsequently terminated by his employer, M.T. Causley, a subsidiary of SAFEbuilt.
According to the memo: “Preliminary review of the Building Department permits issued by Mr. Cushing through representatives from FEMA, WMFD, and other licensed reviewers have uncovered numerous errors and caused harm to Bradenton Beach. Over the coming weeks, the City had been advised to thoroughly review and rectify the post-hurricane work undertaken by Mr. Cushing. Regrettably, as senior staff has reviewed files and had discussions with Code Enforcement and the Building Department staff, the following has come to light regarding the performance of Mr. Cushing:
- Leadership and Management Issues. The Building and Planning Department lacked effective leadership;
- Absence of Written or Verbal Guidance. No written or formal guidance had been established or implemented for the Department;
- Inadequate Response to the Public Inquiries. Failed to respond to a significant number of public email inquiries;
- Neglect of Building Staff Requests. Repeatedly disregarded the requests of building staff for direction, leading to chaos and confusion within the Department;
- Inappropriate Post-Hurricane Permitting Guidance. Provided improper post-hurricane permitting guidance to the community;
- Influenced Decision-Making. Reversed and changed his decision-making and assessments on post-hurricane building matters based on pressure that he received from individual members of the public, homeowners, or businesses;
- Overstepping Authority. Repeatedly acted outside the scope of his authority;
- Issuance of Inappropriate Approvals. Issued land use and planning approvals exceeded his duty to administer the Florida Building Code;
- Failure to Provide Critical Information. Failed to notify the West Manatee Fire District of crucial permit information;
- Violation of State Law. As noted by SAFEbuilt, permits were issued in violation of State Law, e.g., issuing HVAC permits without requiring the elevation of outdoor equipment;
- De facto Moratorium. Issued de facto moratoria on new development without proper notification to the City;
- Lack of Post-Hurricane Experience. Lacked relevant experience in handling post-hurricane work required of building officials; and
- Disregard of Elected Officials’ Requests. Disregarded requests and directives by the elected officials.
“It has become abundantly evident that Mr. Cushing was incapable of fulfilling the demands and responsibilities, particularly legally discharging the duties of the Building official under the laws of the State of Florida and Bradenton Beach,” the memo states.
“The only thing we agree on with Mr. Cushing is that it is time to move on. The City has a lot of work ahead of it to restore our post-hurricane community and are implementing changes to address past Building Department issues to strengthen and advance the needs of our community. In the ongoing efforts to enhance our community’s resilience, the City has made significant strides. We have secured the services of a seasoned Building Official with expertise in floodplain management, appointed a Floodplain Manager for independent oversight, and cultivated a collaborative partnership with the City of Holmes Beach.”
Cushing declined to comment on the memo.
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