Fort Myers Beach Town Councilman John King is fighting former Town Councilman Bill Veach’s attempt to remove him from office over his Seagate vote. The court battle started with King filing a lawsuit against Veach who co-chairs the recall committee with Ray Murphy.
A vote on a specific resolution before the Town Council is not grounds for a recall so on his petition Veach alleged King violated Florida’s Sunshine Law, accepted unreported gifts of meals from developers who had business coming before the council, and dictated the removal of several town employees. Those allegations, according to Veach, were the “malfeasance” and “misfeasance” King committed. Malfeasance and misfeasance are on the list of acceptable reasons for a recall in the state’s recall statute. King denies the allegations and Veach has never provided any proof that what he’s alleging actually occurred. His committee has been openly telling voters that the recall is about Seagate and other redevelopment projects on the beach when gathering signatures.
The lawsuit filing states that a petition does not meet the statutory requirements of the Florida recall statute when “the statement in the petition is nothing more than a conclusion or opinion without any tangible basis in fact.”
The filing goes on to say that the Florida statute is “obviously not intended to allow a petitioner to speak only in vague generality. Were we to uphold a recall petition based on the bare allegations before us, it would be tantamount to declaring “open season” on any elected official who did anything, or failed to do something, which happened to displease ten percent of the electorate.”
King requests a speedy hearing from the court and requests the court “declare the petition to be legally insufficient; award attorneys’ fees and costs as appropriate; and reserve jurisdiction to enter such other relief as may be appropriate.”
Veach has 20 days to respond to the lawsuit when he receives the summons. Read the full lawsuit HERE. According to state statute town taxpayers are required to cover attorney fees for King because the recall is being attempted for allegations being made by the recall committee while King was a sitting town council member.
This week the second phase of the recall started against King (and Council member Karen Woodson). Veach has 60 days to collect 505 signatures (15% of the voters) to take the recall to the voters.
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All this banter gives new meaning to the term
“Crackerjack Lawyer” seems we have a few residing on the island.
Steve is on target.
And I agree with Jason.
Veach and Murphy should get fined and a felony charge for wrongly, willingly and knowingly accusing someone of charges they never committed. They need to also refund in full the wasted money that the taxpayers paid for this circus.
Makes you wonder why King and Woodson would “Tax” the Residents of this Island for their defense ??
Yes —- Town Council voted in favor !
Food for thought …..
If you attended that TC meeting, you would have heard the town attorney state that they’re entitled as a matter of law to their attorney fees in defending this absurd recall effort.
The town attorney also said Reasonable fees “could” be reimbursed. And if they lose, they will NOT get reimbursed. Please get your facts straight. You post a lot of nonsense. Oh and the burden of proof is NOT required for a recall in FL according to the LAW, like it or not, the recall process was following according to the LAW But it is for a state attorney investigation for sunshine law violation and that’s next. The recall is nothing compared to what’s coming…
She sure does – pretends like she’s final word on many things – lmao
The only thing absurd is comments mocking recall effort and desire for majority of residents to stick to Comp plan.
The TC voted to reimburse them for the defense of replying to the recall. I do not believe they voted to pay the attorney fees for prosecuting an action against Veech and Murphy. That is a huge difference. Hopefully someone will challenge the TC on that distinction.
Can we hold a vote to kick veach and Murphy off the island for good. I’d sign that any day.