The Flagler Beach City Commission on Thursday approved footing the $10,800 legal bill for City Manager Dale Martin’s recent, successful defense against a complaint against him the state Ethics Commission tossed out in January.
A city resident had filed the complaint last June, alleging that Martin had orchestrated the sale of the city’s golf course out of public view and that it was a done deal by the time the commission acted on it. An ethics investigation concluded otherwise, seeing in Martin’s actions nothing to keep the sale a secret or to disclose information that wasn’t publicly available.
Approving the payment of legal fees should have been a routine item: the commission is contractually obligated to pay the city manager’s fees, whatever the outcome of any legal action against him, as long as the action relates to his functions as a manager, and as long as it’s not “willful or wanton.”
But it wasn’t routine. Commissioner John Cunningham voted against approval, despite the contractual obligation, and implied that the Ethics Commission findings were wrong. Commissioner R.J. Santore delivered a brief lecture that fellow-Commissioner Scott Spradley found out of place and “disappointing,” as Santore sought to draw “lessons” for the commission over the case.
The commission voted last October to sell the nine-hole Ocean Palm Golf Course. Closing hasn’t yet occurred as the potential owners are still lining up financing. The next potential closing date is in early May, though the owners still have the option to delay it further.
“I think it’s worth noting some process lessons going forward,” Santore said. He had opposed the sale of the course. He was elected last March in place of Rick Belhumeur. With Santore on the commission, the sale would have failed in a 3-2 vote, instead of passing by the same margin. On Thursday he made the same points he’d made on the campaign trail.
“The miscommunication and scattered communication over the sale of the golf course eroded public trust,” Santore said. “We didn’t give another buyer an opportunity to bid, but your own city attorney says competition is beneficial to receive the best offer. I know it was repeatedly said and demonstrated, we cannot run a golf course, but it’s ironic, we were even worse at selling one. So here we are, two and a half years later, and it still hasn’t sold, and it’s still not a golf course.”
Spradley did not see what Santore’s comment had to do with the resolution of the ethics claim: “The complaint was dismissed. That’s it,” Spradley said.
“I can’t support it. Sorry. I have reasons. I can call them all out,” Cunningham said.
“This is not the first time I’ve heard Commissioner Cunningham make innuendo about allegations,” Mayor Patti King said. “I think it’s time we hear those allegations. This has been done repetitively, and I’d like to hear what substantiates it.”
Cunningham said shortly after his election he was at a centennial event, walking behind Drew Smith, the city attorney, when he heard Smith saying he’d been told to “tee up the contracts and paperwork to sell the golf course.” Cunningham met with City Manager Dale Martin and asked him if he had directed Smith to do that. “Dale told me no, which I knew wasn’t the case, because I know what I heard,” Cunningham said.
He said he then called Smith to ask him the same question. “He also told me no,” Cunningham said. “So I just feel like I wasn’t informed and wasn’t told the truth, honestly. That’s concerning. That’s where I can’t support it. I don’t know how the ethics investigation, any of that went, but I know what I know, what I’m reading.”
Smith and Martin stayed silent. The commission voted 4-1 to approve paying the bills.
Bingo funny says
They should get the money back from the resident who filed the bogus ethics complaint.
Using Common Sense says
In my experience, the “Ethics Committee” is a joke. Even with documented evidence and supporting data, claims are rejected or dismissed and citizens with valid concerns are directed to legal avenues. Is there anything in their purview? Yet to see anything from them promoting “ethics”. Totally worthless in my opinion.
Not Morgan or Morgan says
Geez, Commissioners, try to stay focused, and please be more careful about what you are putting into the record.
Commissioner Cunningham spoke from the Commission dais (on the record) and said that at a public event, walking behind Drew Smith, the city attorney, he overheard Smith saying he’d been told to “tee up the contracts and paperwork to sell the golf course.”
Cunningham’s reporting this during a public commission meeting may constitute hearsay, in which he seeks to create a factual record (the meeting minutes and recording) of what he alleges another person said. He put on the record knowing his claim could not be substantiated, as he allegedly spoke with both City Manager Martin and Attorney Smith. If this comes up again in City Attorney Smith’s future (for instance, if Cunningham cites it in Smith’s future performance review), Smith could possibly sue for defamation, as the claim is on the public record, cannot be substantiated, and caused Smith harm.
This is another example of how the Commissioner’s actions can create a hostile work environment in which the Commissioner’s words and actions negatively or severely affect a City employee’s ability to complete their work.
Josh G says
Cunningham votes no to everything. Not sure what is wrong with him. Santore is green being a new commissioner and not educated just yet. Boy can FB pick em!!
OPNeighbor says
Just sell the damn golf course already! You can’t even walk on it now without getting burrs all over your shoes. It’s an eyesore, nothing but weeds brush and vermin. Doing something is better than doing nothing! Enough with the pissing matches!