Updated Nov. 29, 2020 – BRADENTON BEACH – The city has received a $350,000 settlement agreement payment from former Sunshine Law lawsuit defendants John Metz and Tjet Martin.
The city has also received $500 settlement payments from co-defendants Patty Shay, Bill Vincent and Rose Vincent.
On Thursday, Nov. 19, the city commission unanimously accepted the Metz-Martin settlement agreement previously discussed during a private shade meeting on Nov. 5.
The $350,000 payment serves as partial reimbursement for the more than $572,000 in attorney fees and legal costs the city incurred as a result of the civil lawsuit the city filed against six former city advisory board members in August 2017.
The lawsuit sought a judge’s ruling as to whether Martin, Metz, Reed Mapes, Shay and the Vincents violated the Sunshine Law when discussing advisory board matters at their Concerned Neighbors of Bradenton Beach meetings in 2017. Those meetings included a discussion about the potential pursuit of a citywide prohibition on the construction of parking garages.
In July 2019, 12th Judicial Circuit Court Judge Edward Nicholas ruled all six defendants violated the Sunshine Law that pertains to government transparency and conducting official public business only at properly noticed public meetings. Minus Shay, the other five defendants appealed Nicholas’ ruling to the 2nd District Court of Appeal in Lakeland.
On Oct. 28, Nicholas ordered Mapes, Martin and Metz to pay the city $369,498. In his written order, Nicholas absolved Shay and the Vincents of any attorney fee-related financial liabilities because they had agreed to settle with the city before the 2019 trial began. The city commission rejected those pre-trial settlement offers because similar agreements were not reached with Mapes, Martin and Metz.
Settlement acceptance
City Attorney Ricinda Perry presented the Martin and Metz settlement offer for commission acceptance during the Nov. 19 meeting. She also presented a new settlement agreement reached with Shay.
The commission accepted the Martin and Metz settlement agreement and received the transferred funds the following day.
Vice Mayor Jake Spooner praised Perry’s efforts.
“Great job. We did what we’re supposed to do with protecting the transparency of the government, and the taxpayers are being reimbursed,” he said.
“I agree totally, and we said that all along about open, fair and transparent government,” Mayor John Chappie said.
Co-defendant agreements
During the Nov. 19 meeting, Perry also presented the settlement agreement with Shay, in which Shay agreed to pay the city $500 despite the judge’s recent order absolving her of financial responsibility.
“It dismisses everything as it relates to her. She is not a party to the appeal,” Perry said.
“Defendant Shay acknowledges she had concerns about the application of the Sunshine Law as it relates to the meetings at issue in this case, and further acknowledges that errors were made as it relates to the Sunshine Law,” Perry said when reading aloud the settlement agreement language.
“That was a very important piece of information the city wanted to make sure was addressed. There was compensation provided for the error, but there was an admission that the Sunshine Law had not been complied with,” Perry said.
The commission unanimously approved Shay’s settlement agreement.
Perry said paralegal Michael Barfield expected a call later from the Vincents later that day regarding individual settlement agreements similar to Shay’s.
“I expect they will execute the same settlement agreement with the same admission that Ms. Shay did. The Vincents are part of the appeal. They would be obligated also to release us and terminate all proceedings in the underlying case,” Perry said.
The commission authorized Chappie to accept and execute the Vincents’ settlement agreements when received.
After the Nov. 19 meeting, Perry was asked about Mapes’ settlement status.
“The city commission has authorized me to make a settlement offer to Mr. Mapes. Communication will be made to Mr. Mapes following the execution of the settlement agreements with John Metz, Tjet Martin, Bill and Rose Vincent and Patty Shay,” Perry said.
When contacted last week, Barfield said the Vincents’ settlement agreements had been finalized.
As of Sunday, Mapes remained the lone defendant still appealing Nicholas’ 2019 ruling.
On Nov. 24, Mapes sent Perry an email saying he would agree to the same settlement terms reached with the Vincents.
“I will dismiss my appeal with prejudice. I will need a response to this by Monday, Nov. 30, so that my attorney has time to file the necessary appellate paperwork,” Mapes wrote in his email.
Mapes’ settlement offer has not yet been presented to the city commission, which meets again on Thursday, Dec. 3.
“It is the commission’s expectation to make the public whole and Reed’s offer fails to do so,” Perry said regarding Mapes’ offer.
“He will remain solely responsible for all future costs to fight the appeal, and for any costs upheld or awarded by the Second DCA,” she noted.
