Skip to main content

Tag: termination efforts

Coryea notes and Van Ostenbridge texts shed light on termination efforts

Notes and texts shed light on Coryea termination efforts

MANATEE COUNTY – Private meeting notes and text messages disclosed in a public records request reveal more about County Commissioner Kevin Van Ostenbridge’s failed efforts to terminate County Administrator Cheri Coryea.

As the newly-elected District 3 commissioner, Van Ostenbridge represents Anna Maria Island, Cortez, west Bradenton and Longboat Key.

During the Manatee County Commission’s Tuesday, Nov. 17 work session, Van Ostenbridge requested a special commission meeting on Thursday, Nov. 19. He said the purpose of that meeting was to discuss the county’s response to a potential COVID-related federal shutdown. When requesting the special meeting, Van Ostenbridge gave no indication that he also intended to propose Coryea’s termination.

With no advance notice given to the public, Van Ostenbridge then made a motion during the Nov. 19 meeting to put Coryea on notice that her termination would be discussed and voted upon on Jan. 6. Commissioners Vanessa Baugh, George Kruse and James Satcher supported the motion.

Text message records obtained as part of a public records request made by paralegal Michael Barfield reveal that Van Ostenbridge discussed the Coryea termination efforts with developer Carlos Beruff and others in advance of the special meeting at which he intended to call for Coryea’s termination.

Van Ostenbridge’s efforts to terminate Coryea came to an unexpected end on Thursday, Dec. 10, when Kruse made a motion to reconsider the Nov. 19 motion and end the Coryea termination efforts. The commission supported Kruse’s motion with a 7-0 vote.

Private meeting notes

Before the Nov. 19 special meeting took place, Van Ostenbridge requested and received a private meeting with Coryea at 7:30 a.m. that morning in Coryea’s office.

Coryea’s notes include a transcript of a voicemail message Van Ostenbridge left her and a printout of the text message exchange they had regarding the requested private meeting.

“I just wanna talk about how things are going so far and a little bit about the (special) meeting before we get there,” Van Ostenbridge said when requesting the private meeting.

According to Coryea’s handwritten notes, Van Ostenbridge began their meeting by saying, “I liked you before, when I met with you during the campaign, but when you closed on that property (Lena Road) I changed my mind. You should have waited for this new board because I had already spoke out against it and you should have stopped it.”

On Oct. 13, the previous county commission approved the $32.5 million purchase of a 161-acre property in east Manatee County at S.R. 64 and Lena Road. The closing for that sale took place on Friday, Nov. 13, four days before Van Ostenbridge, Kruse and Satcher took office.

The Lena Road property was purchased with the intent of creating a Central County Complex that provides a district office for the Manatee County Sheriff’s Office and additional facilities for the county’s Public Works Department and Utilities Department.

According to her notes, Coryea responded to Van Ostenbridge’s comment by saying, “The board (of county commissioners) took two votes on this property, both passing. I’m responsible for carrying out the directives of the board.”

Van Ostenbridge then asked about the closing date.

“Based on the decision of the board, the closing was to occur anytime between 10/4/20 and 12/16/20 – when the due diligence had been successfully completed. It was completed around Nov. 2 or 3. Property Management Department proceeded with scheduling closing,” Coryea said, according to her notes.

Van Ostenbridge asked who approved the Nov. 13 closing date.

“I did. The previous board approved this action two times and the closing occurred during their terms,” Coryea said, according to her notes.

According to Coryea’s notes, Van Ostenbridge then said, “I am here to ask you for your resignation.”

Coryea notes and Van Ostenbridge texts shed light on termination efforts
County Administrator Cheri Coryea took this note during her private meeting with Commissioner Kevin Van Ostenbridge. – Manatee County | Submitted

In response, Coryea said, “You will be disappointed to hear I will not be submitting my resignation. I won’t be resigning.”

According to Coryea’s notes, Van Ostenbridge then shared his intentions for the Lena Road property.

“I intend to parcel out the property into small parcels and will sell them off at a loss and that will embarrass the previous board and you. I might keep a sliver for something. I have the votes,” he said, according to Coryea’s notes.

Coryea notes and Van Ostenbridge texts shed light on termination efforts
County Administrator Cheri Coryea took this note during her Nov. 19 meeting with Commissioner Kevin Van Ostenbridge. – Manatee County | Submitted

The Florida Sunshine Law prevents city and county commissioners from privately discussing any matter that could foreseeably come before them for official action or vote.

At that time of his meeting with Coryea, Van Ostenbridge, a Realtor with Boyd Realty, had been in office for less than 48 hours and had participated in one county meeting.

According to her notes, Coryea responded to Van Ostenbridge’s Lena Road comments by saying, “I had offered to provide a full briefing to the new commission on this project and many others that the board wanted. We were instructed in Jan. 2018 by the previous board to begin looking for a large parcel to co-locate needed services closer to population growth. We briefed each board member five times since then.”

In June, the commission received a third-party appraisal that valued the Lena Road property at $18.4 million.

“The board was aware of the appraisal price that was a market appraisal targeted at housing, not public use, ” Coryea wrote in her notes.

After further discussion about the Lena Road purchase, Van Ostenbridge said, “I intend to make a motion at the meeting today to ask for you to be terminated,” according to Coryea’s notes.

Coryea notes and Van Ostenbridge texts shed light on termination efforts
County Administrator Cheri Coryea rejected Kevin Van Ostenbridge’s request for her resignation. – Joe Hendricks | Sun

According to her notes, Coryea then questioned the true intent of the private meeting.

“When you asked me for this meeting this morning you said it was about the special meeting agenda item (a federal shutdown). I prepared a motion for it. Did you need it?” Coryea said, according to her notes.

“No, I don’t believe I need anything,” Van Ostenbridge said, according to Coryea’s notes.

“So, this meeting this morning was not to talk about that?” Coryea said, according to her notes.

“I’m all set for the meeting,” Van Ostenbridge said, according to Coryea’s notes, which indicate the meeting ended at 7:48 a.m.

Van Ostenbridge responds

When contacted Friday afternoon, Van Ostenbridge was asked about his meeting with Coryea.

Regarding Coryea’s notes that state he asked her to resign, Van Ostenbridge said, “That captures the spirit of what I was saying. I told her that she knew the incoming board was adamantly against the purchase. We felt that it was a drastic waste of taxpayer money and each of us made that clear during the campaign, including in public comments during meetings.

“I told her I had lost trust and confidence in her and I asked her for her resignation. I then said I scheduled the meeting with her as a courtesy, to alert her of my intention to make the motion to terminate. I was attempting to give her an opportunity to resign and spare her and the county the indignity of the debate which was sure to follow my motion,” Van Ostenbridge said.

Van Ostenbridge was asked if he felt a new commissioner, who had been in office less than 48 hours, had the authority to ask the county administrator to resign without first discussing it with the commission as a whole during a public meeting.

“When I put my hand on the Bible, I became a full commissioner. There’s no orientation period. I was doing it as a courtesy because I had made up my mind I was going to make the motion to terminate. I officially made up my mind on Friday (Nov. 13), when the deal was closed. I had sought the counsel of many business leaders in town, as well as friends of mine, even my parents, leading up to that time. When she closed the deal on Friday, I started letting some people know that I had made up my mind,” Van Ostenbridge said.

Van Ostenbridge was asked if any of those he sought counsel from were sitting county commissioners or future county commissioners who had not yet been sworn in.

“Absolutely not. I have not committed a Sunshine violation,” he said.

When asked about his alleged intentions to sell the Lena Road property at a loss, Van Ostenbridge said, “I said that I felt there was value in the property that abutted the landfill. I told her that was the most valuable to the county and the least valuable to the open market. I wanted to keep that, but I wanted to sell off the rest because I didn’t want to be saddled with the unnecessary improvements that would be needed on the rest of the property. The county overpaid for the property, so obviously when I go to sell it I’m not going to get market value. I told her that if we sold that off it would be at a loss, and the responsibility of that loss would fall on the previous board,” Van Ostenbridge said.

Van Ostenbridge denied telling Coryea he had the votes to sell the Lena Road property, which Coryea wrote in her notes.

“I never said that. At the end of the conversation, I said maybe you have the votes, maybe I have the votes and we’ll see in a couple hours,” Van Ostenbridge said, referring to his intent to pursue Coryea’s termination.

Van Ostenbridge’s statement contrasts with Coryea’s notes, in which the alleged comment about having the votes appears in conjunction with the discussion about selling the Lena Road property.

Van Ostenbridge confirmed that he told Coryea he would seek her termination.

“I said I’d be giving her notice of a hearing for termination at the special meeting,” he said.

Van Ostenbridge texts

Late Friday afternoon, in response to his public records request, Barfield received copies of Van Ostenbridge’s text message exchanges from Nov. 3 to Nov. 20.

Barfield confirmed that developer Carlos Beruff is the “Carlos” and “CB” that appears in some of the text message exchanges Van Ostenbridge produced.

Coryea notes and Van Ostenbridge texts shed light on termination efforts
Paralegal Michael Barfield, who serves as the president of the Florida chapter of the American Civil Liberties Union, is independently investigating the actions of county commissioners Kevin Van Ostenbridge, Vanessa Baugh, George Kruse and James Satcher. – Joe Hendricks | Sun

According to those records, Beruff sent Van Ostenbridge a text message at 6:51 a.m., less than an hour before his Nov. 19 private meeting with Coryea.

“Good morning you all set,” Beruff wrote.

“All set. Meeting with Cheri at 7:30,” Van Ostenbridge replied.

Coryea notes and Van Ostenbridge texts shed light on termination efforts
This is one of several text message exchanges Commissioner Kevin Van Ostenbridge had with developer Carlos Beruff. – Michael Barfield | Submitted

On Sunday, Nov. 15, Beruff sent Van Ostenbridge a link to a Bradenton Times story that included the headline: “Are special interests gunning for County Administrator?”

That story notes Beruff and other members of the development community pushed for Lakewood Ranch Business Alliance President Dom Dimaio to succeed retiring County Administrator Ed Hunzeker in 2019, rather than Coryea.

“We have a leaker,” Van Ostenbridge wrote in response to Beruff’s text about that story.

On Tuesday, Nov. 17, as part of the same text message exchange with Beruff, Van Ostenbridge wrote, “We have a special meeting on Thursday, after the port meeting. Carol took the bait.”

That message appears to refer to acting Commission Chair Carol Whitmore supporting Van Ostenbridge’s request for a special meeting discussion about a potential federal shutdown.

On Saturday, Nov. 14, Beruff initiated a text message exchange with Van Ostenbridge that began with a link to an East County Observer story about the county’s plans to build a solid waste transfer station on the Lena Road property.

“You may have missed this last week, but it basically says that they bought something they don’t need for 17-20 years,” Beruff wrote.

“They did all they could to saddle us with this (expletive) we don’t want. At least they’re done. Nothing left for them to do,” Van Ostenbridge replied.

On Thursday, Nov. 5, Beruff sent Van Ostenbridge a text message that said, “Good morning, take a look at this and see what you think. Call me when you get a chance.”

Attached to Beruff’s message was a Microsoft Word document titled “ManCo BOCC (Board of County Commissioners).docx.” The contents of that document are not known and Barfield said he has not received it.

“That looks good. I only want to drop the mention of masks. That is too much of a 50/50 issue. Call you in a few,” Van Ostenbridge wrote in his response to Beruff.

Van Ostenbridge’s text records also include an exchange he had with someone named Bob, whose initials are BS.

“We have a special meeting on Thursday after the port meeting. Carol took the bait,” Van Ostenbridge wrote.

“I watched you. Smooth baby,” Bob replied.

“Acted like I was stumbling through it, ha-ha,” Van Ostenbridge wrote.

Barfield said he did not yet know Bob’s identity.

On the evening of Nov. 19, Van Ostenbridge received a group text message from Chad Choate, a financial advisor at the Edward Jones office in Bradenton. Choate is Facebook friends with Van Ostenbridge and has posted county commission-related comments at Van Ostenbridge’s Facebook page.

“How long has she been county admin,” Choate wrote in his text message to Van Ostenbridge.

“2 years. She’s been a county employee for over 30 years. A 30-year bureaucrat. It’s time to put a private sector person in charge,” Van Ostenbridge replied.

“Yeah, who replaces her,” Choate wrote.

“Put your name in when the spot opens up,” Van Ostenbridge replied.

Satcher named first in Barfield court filings

Satcher named as defendant in public records action

MANATEE COUNTY – County Commissioner James Satcher is named as the sole defendant in a public records complaint filed today by paralegal Michael Barfield.

Barfield, a Sunshine Law expert, filed the complaint and an accompanying amended emergency motion this morning in the 12th Judicial Circuit Court in Bradenton seeking “judicial relief to protect the public’s right to transparency and enforcement of Florida’s vaunted Public Records Act.”

The filings pertain to a public records request Barfield submitted to Satcher on Friday, Nov. 20. That day, Barfield also submitted similar records requests to county commissioners Vanessa Baugh, George Kruse and Kevin Van Ostenbridge. He later submitted a similar records request to former County Commissioner Steve Jonsson.

Barfield submitted his initial records requests one day after a Thursday, Nov. 19 county commission discussion that occurred with no advance public notice regarding the potential termination of County Administrator Cheri Coryea.

According to the complaint, “Plaintiff (Barfield) contends the defendant (Satcher) has public records in his individual possession but has failed to perform his statutory duty to make public records in his possession available for inspection and copying upon request. Plaintiff seeks a writ of mandamus and an accelerated hearing for ongoing violations of the Act relating to the production of public records.”

Today, Barfield emailed a complaint-related letter to Circuit Court Judge Charles Sniffen.

“Earlier today, a complaint seeking emergency relief under the Public Records Act was filed with the clerk along with an amended emergency motion for issuance of a show cause order and for an immediate hearing as required by Florida Statute. This action was filed by me pro se,” the letter says.

“As set forth in the motion, I have had communications with attorney Peter Lombardo regarding this matter. Last Thursday, attorney Lombardo indicated that he has not been retained on this matter, but he was acting as a conduit for the defendant, Mr. Satcher. Accordingly, I have copied Mr. Lombardo here and have provided him with courtesy copies of the complaint and amended emergency motion,” Barfield’s letter said.

Monday afternoon, Judge Sniffen responded with an “order directing defendant to show cause why plaintiff’s complaint for writ of mandamus should not be granted.”

Sniffen’s order gives Satcher five days to respond.

“Defendant shall comply with Florida Statutes and preserve all records in his possession, custody and control and shall not dispose of any records maintained on any electronic devices or accounts until further order of the court,” Sniffen’s order states.

“The important thing in the judge’s order is that records have been ordered to be preserved on all electronic devices and accounts,” Barfield said when contacted late Monday afternoon.

Termination efforts

During the Nov. 19 discussion, county commissioners Reggie Bellamy, Misty Servia and Carol Whitmore described the unadvertised termination efforts initiated by Van Ostenbridge as “premeditated,” “orchestrated,” “reckless” and “dangerous.”

During that meeting, the commission voted 4-3 to put Coryea on notice that her potential termination would be discussed at a public meeting on Wednesday, Jan. 6. Bellamy, Servia and Whitmore opposed that action.

During that same meeting, the commission majority of Baugh, Kruse, Satcher and Van Ostenbridge adopted a county resolution presented by Baugh with no advance notice to the commission or the public. The adopted resolution now allows the commission to change its meeting procedures and discussion topics at any time during a public county meeting.

Records requests

Barfield’s records requests seek the public records in the individual possession of Baugh, Jonsson, Kruse, Satcher and Van Ostenbridge from the period of Tuesday, Nov. 3 – which was election night – through Friday, Nov. 20.

Satcher named first in Barfield court filings
Paralegal Michael Barfield helped the city of Bradenton Beach prevail in a recent Sunshine Law lawsuit. – Joe Hendricks | Sun

As newly-elected commissioners, Kruse, Satcher and Van Ostenbridge became subject to the Florida Sunshine Law and the Public Records Act after the election results were known on Nov. 3.

The three new commissioners, and re-elected Commissioner Baugh, were sworn into office on Tuesday, Nov. 17. Jonsson did not seek re-election. His last day in office was Tuesday, Nov. 17.

Barfield’s records requests seek:

  • All emails sent or received between the period Nov. 3 and Nov. 20, 2020,
  • All text messages sent or received between those dates,
  • All messages sent or received via any digital app or social media platform between those dates, and
  • A detailed phone log of all calls made or received between those dates.

The recipients of Barfield’s records requests were given until 5 p.m. on Friday, Dec. 4 to produce the requested records.

When contacted this afternoon, Barfield said he had not yet received the requested records from any of the five individuals. He said he anticipated filing similar court complaints and motions against Baugh, Jonsson, Kruse and Van Ostenbridge early this week if those records are not produced.

As a non-attorney paralegal, Barfield is a member of the legal team that prevailed in a Sunshine Law lawsuit filed by the city of Bradenton Beach in 2017. That lawsuit, and 12th Judicial Circuit Court Judge Edward Nicholas’ 2019 ruling that six former city advisory board members violated the Florida Sunshine Law, recently resulted in five of the defendants paying the city $351,500 as partial reimbursement for the attorney fees and paralegal fees incurred by the city.