St. Pete Beach residents sue city over commission appointments after 4 resignations
ST. PETE BEACH, Fla. - Some residents in St. Pete Beach are accusing the city of "bypassing the democratic process" in a new lawsuit.
It stems from how city leaders went about filling the vacancies on the city commission after four out of five of the members resigned in December over a new state law that makes local leaders disclose their net worth and the dollar amount of every asset over $1,000.
St. Pete Beach City Attorney Andrew Dickman said Monday the new law would’ve been easier to implement if it grandfathered in existing elected officials and let them finish out their terms naturally.
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"St. Pete Beach is not alone when it comes to Form 6-related resignations," he said. "It’s happening statewide, and it’s causing a lot of confusion, misinformation, disruption in local government and needless antagonism," Dickman said.
"We’re here in an unprecedented situation," he told the city commission at an emergency meeting on Dec. 21.
It’s an unprecedented situation, and the process of replacing the four city leaders is just as foreign.
"I would not want to be the city attorney," Richard Harrison, an attorney who is not affiliated with the case, said. "He was in a difficult position and had to make a call. They had to do something. Clearly, the city can't operate without a functioning commission, or at least enough commissioners to have a quorum, so they can have a meeting, so they can function, but having said that, the charter says what it says," he said.
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The city charter states that "should two or more vacancies occur simultaneously, on the commission, the remaining members shall, within 15 days, call a special election to fill the vacant commission positions."
Dickman told the commission at that emergency December meeting that the timeframe wouldn’t be realistic, because it relies on the Pinellas County Supervisor of Elections.
"We aligned ourselves, like a lot of local governments in Pinellas County and around the state, with the Supervisor of Elections’ schedule because the technology used for elections and required to be used for elections is very expensive," Dickman said.
The commission decided to stagger their resignations and appoint replacements, choosing from the people who applied for the vacancies.
"I do want to tell you that I can't guarantee you that somebody might challenge this. I have told you that the language says, when two or more seats are simultaneously vacated, we have to call a special election," Dickman said. "Where, interpreting simultaneous to mean at the same time or on the same date, so if we stagger it over the next nine days, then we can at least avoid that simultaneous, but I can’t guarantee you that it won’t be challenged. It may. This is the best that I can do. It’s the best that we can do."
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"The definition of simultaneous means at the same time," Dickman told FOX 13 Monday. "The commissioners who resigned did not resign at the same time. Talking about or stating an intention to resign is not the same thing as resigning. I understand some people will question that, and I also understand some people like chaos. I believe we followed the charter and made a decision for the good of the entire city. The alternative would be chaos and that’s not good for the city or the public."
The advocacy group, Protect St. Pete Beach, and a group of residents said in the lawsuit against the city that the city illegally tried to "bypass the democratic process" by appointing replacements rather than electing them.
"If something is impractical, that’s not an excuse to not have an election and cut people out of their fundamental right to vote," the plaintiffs’ attorney, Jane Graham, said.
The lawsuit also states that how the local leaders went about the appointments altogether was "inconsistent, biased and tainted by the commissioners attempting to pre-approve their successor."
Graham said it was "very irregular" to have the commissioners discussing their replacements before they officially stepped down.
"It’s a whole process that has been colored by some inconsistencies," she said.
Harrison said while this is unchartered territory, the charter says what it says.
"They were in a very difficult spot, and sometimes you just have to make the best call you can make as a lawyer to address the crisis in front of you. And I think that's what the lawyer did here. I don't think a lawyer for the city did anything wrong. It may not have been the best approach, but it may well have been the least bad approach, and sometimes that's the best you can do for your client, but clearly something had to happen and here we are," Harrison said.
Harrison also said the wording of the timeframe around the special election will be a topic of discussion in the case.
"I think there is an argument to be made that all we have to do is call the election within 15 days, based on the date the supervisor gives them. That date might be three months from now, not that the election itself has to occur within 15 days," Harrison said.
Dickman agreed.
"It is impossible to have a legal election within 15 days, so, yes, I believe this provision means to announce or set the date for a special election," Dickman said Monday. "In fact, this is on the Commission’s agenda for Jan. 9, to call a special election for Districts 2 and 4 in August. Districts 1 and 3 will have a regular election in March. The city relies on the County Supervisor of Elections to conduct an election because it is expensive and extremely complex. We have been told by the supervisor that they will not hold a special election for the city any sooner than August because they have so many other cities in the same situation."
The plaintiffs are asking the judge for a special election, and to invalidate any decisions the commission makes in the meantime with its appointed members, among other things. They note in the lawsuit that the local leaders have several big issues to vote on soon, including a new city manager, beach renourishment and the Sirata Beach Resort’s proposed redevelopment, which will be talked about at Wednesday’s special meeting.
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Dickman said he respects that St. Pete Beach has very passionate residents, but he said there are liabilities if the Commission doesn’t act.
"All decisions will be handled carefully and separately. For example, I do not believe the Sirata Resort conditional use permit should be decided by the Commission on January 10 because three, potentially four, commissioners did not hear the evidence and public comment that the prior commissioners heard. This is a vote I believe should be rescheduled," Dickman said Monday.
The City Commission is expected to discuss and appoint someone to the District 3 vacancy on Tuesday, which hasn’t been filled yet.
Monday night, Treasure Island established its process for appointing someone to fill the District 3 Commissioner seat and Vice Mayor that were left vacant after Commissioner/Vice Mayor Saleene Partridge resigned effective Dec. 30, 2023. She didn’t give a reason for her resignation.
The city charter in Treasure Island reads differently than St. Pete Beach’s and doesn’t call for a special election in this case.
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Instead, it said the City Commission has to appoint someone to fill the vacancy within 30 days of the seat being vacated. The qualifications are that the person has to be a registered voter in the city. The person has to be a qualified elector of the district in which they will serve, and the person can’t hold any other elected or appointed public office.
Those interested in applying have to complete a letter of interest and submit it and related documents in person to the City Clerk at City Hall, or by email to cityclerk@mytreasureisland.org by Jan. 12 at noon. The City Commission will review applicants and potentially make an appointment to fill the vacancy at Jan. 16’s meeting. The appointment will be for the remaining term, which is through March 31, 2025.
The Treasure Island City Commission also voted Monday night to have Commissioner Beth Wetzel from District 4 serve as Vice Mayor.