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Washington's Whistleblower Complaint Sheds More Light on BOCC Machinations

Former acting county administrator alleges a series of legal and ethical violations

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A whistleblower complaint filed by former acting Manatee County Administrator Lee Washington alleges that sunshine, ethics, and malfeasance violations occurred when Manatee County Commissioners Vanessa Baugh and Mike Rahn conspired to influence Washington to hire their close friend and associate John Mast as a deputy county administrator.

In a document dated June 15, 2023, first obtained by the Florida Center for Government Accountability, Washington alleged that on March 1, 2023, he was summoned to lunch with commissioners Baugh and Rahn, who had also invited Jon Mast, CEO of the Manatee-Sarasota Building Industry Association. Washington said both commissioners advocated for him to select Mr. Mast for the deputy administrator position that had been left vacant following the Teitelbaum debacle.

According to Washington, he was told the county could benefit from him "finding a way to bring (Mast) on board," as it moved forward with the rewrite of both the comprehensive land use plan and land development code. Washington alleged that Commissioner Baugh told him, "Courtney (De Pol) is cute and bright, but she's too young and needs a mentor." Two members of the board discussing what was sure to be a future agenda item outside of a public meeting is a clear violation of Florida’s extensive government in the sunshine laws.

According to Washington's account, he told the commissioners that he would not hire someone before having posted the position, which he did later that month. Shortly after the position was opened, however, Washington wrote that he began getting pressure from both commissioners to send him the resumes of everyone who had applied. According to Washington, he told Baugh and Rahn that it was an administrative function and that such a directive could only come from a majority vote of the board (commissioners have no individual authority over staff and are not permitted to individually direct county employees or policy in any manner).

In his letter, Washington wrote that he saw the writing on the wall and eventually sent the commissioners the applications in order to protect himself. However, in early April, he ultimately made the decision to close the position until such time that a permanent administrator had been hired. On April 11, according to Washington's complaint, Baugh asked him to meet with her prior to that day's commission meeting. Washington says the commissioner (who has since resigned) told him that "someone" would be making a motion for him to be relieved of duty and asked whether he would resign in order to avoid the need for a public vote, to which he declined.

The matter was not raised during that day's meeting. However, one week later, Commissioner Rahn made a motion for the board to begin negotiations with Mast to replace Washington as interim administrator and for Washington to return to his former position as Director of Community and Veterans Services. Although the board voted in favor of the motion, that effort failed narrowly when Commissioner Jason Bearden—who was tasked with negotiating with Mast after he and Commissioner James Satcher objected to the board chair doing so—was unable to reach a compensation agreement and Mast withdrew himself from consideration.

The Manatee-Sarasota Building Industry Association is a developer-lobbying organization. TBT has reported extensively on a white paper that had been submitted by Mast on behalf of the BIA through a land use attorney who frequently works with developer Carlos Beruff. The paper seems to have been a developer wish list that some county staff members say they were pressured to implement as “staff initiated” changes, providing cover for developer-sponsored commissioners while saving considerable sums of money that would have been owed to account for staff work time, had the proposals been handled as having been requested by industry.

Commissioner Rahn is listed on the BIA’s website as a Director for Life and is reportedly close enough to Mast that the two recently vacationed together. Baugh’s husband is listed as a member of the BIA’s Board of Directors and the former commissioner has referenced Mast as a close friend on multiple occasions. Until shortly after Commissioner Amanda Ballard’s husband David was arrested for two DUIs within just over a one-month span, he was employed by the BIA, serving as its Government Affairs and Membership Director. Commissioners Ballard, Rahn, Baugh, Satcher, and Bearden all voted in favor of bringing Mast on in April, while Commissioner George Kruse dissented.

Kruse pointed out that the board was already engaged in a national search for a permanent county administrator after getting rid of Scott Hopes in January and that onboarding a new administrator who would barely get up to speed before a decision was made would make no sense, especially since the entire board had been gushing as to what a great job Washington had been doing (right up until the moment he refused to bend a knee).

“Administrator Washington’s account of Sunshine Law violations is extraordinary,” said Michael Barfield, Director of Public Access Initiatives for the Florida Center for Government Accountability. “We are running out of adjectives to describe the nadir that Manatee County government has reached. The Sunshine Law is vital to a healthy democracy and protects against backroom deals such as the one Administrator Washington blew the whistle on.”

Washington ultimately decided to part ways with the county. In light of his separation, he withdrew his whistleblower complaint, although he stood by his statements in the letter.  In a draft response to Washington also obtained by the FCGA, Manatee County Attorney Bill Clague opined that because the county's whistleblower ordinance is limited to alleged violations of law or acts of gross mismanagement “committed by an employee or agent of an agency or independent contractor,” county commissioners were not subject to it and he therefore had no authority to investigate the claims.

When Washington resigned, the board voted to install Deputy County Administrator Charlie Bishop as acting administrator. Despite failing to install Mast, the board recently voted by the same 6-1 margin to scrap its national search and hire Bishop as the full-time administrator. Bishop’s contract, which calls for a base salary of $220,000 plus significant perks, is on the agenda for Tuesday’s BOCC meeting. Both Washington's complaint and Clague's draft response can be seen below (click to enlarge).

CAO Draft Response
CAO Draft Response

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  • Debann

    Thank you Lee Washington..Rahn And Vanessa's thick as thieves....here we are stuck With a bunch of corruption on this BOCC...OBVIOUS SUNSHINE VIOLATIONS AND THIS BOCC SUCKS.WELL DONE VOTERS..CONTINOUSLY REAPING WHAT VOTERS SOWED...

    Friday, September 22, 2023 Report this

  • andreart

    Lee is a man of honor. Thank god Vanessa moved to Sarasota less than a month after she resigned!

    If you read this Charlie Bishop, do your job. Don't let these inexperienced Commissioners drag you into this.

    As Lee Washington, you are a Veteran and man of honor. Don't get drug into this **** show!!

    Carol Whitmore

    Friday, September 22, 2023 Report this

  • WTF

    Attorney Bill Clague once again gives bad advice and should of had a 3rd party outside legal opinion. Not deflection from the staff attorney. Claque is as bad as the rest of them, he's an attorney and should know better. This should be a Florida bar complaint and let the bar decide on this issue. This board should call Mr. Washington to the dais and explain the facts with questions from the board and cross examination if they choose to do so. Will that happen, about the time hell freezes over.

    http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0112/Sections/0112.3187.html

    Here is the statue

    The 2023 Florida Statutes

    112.3187 Adverse action against employee for disclosing information of specified nature prohibited; employee remedy and relief.—

    (3) DEFINITIONS.—As used in this act, unless otherwise specified, the following words or terms shall have the meanings indicated:

    (a) “Adverse personnel action” means the discharge, suspension, transfer, or demotion of any employee or the withholding of bonuses, the reduction in salary or benefits, or any other adverse action taken against an employee within the terms and conditions of employment by an agency or independent contractor.

    (b) “Agency” means any state, regional, county, local, or municipal government entity, whether executive, judicial, or legislative; any official, officer, department, division, bureau, commission, authority, or political subdivision therein; or any public school, community college, or state university.

    Any employee of or applicant for employment with any state agency, as the term “state agency” is defined in s. 216.011, who is discharged, disciplined, or subjected to other adverse personnel action, or denied employment, because he or she engaged in an activity protected by this section may file a complaint, which complaint must be made in accordance with s. 112.31895. Upon receipt of notice from the Florida Commission on Human Relations of termination of the investigation, the complainant may elect to pursue the administrative remedy

    The 2023 Florida Statutes

    (b) Any person who is a member of a board or commission or of any state agency or authority of any county, municipal corporation, or political subdivision who knowingly violates the provisions of this section by attending a meeting not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083

    http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0286/Sections/0286.011.html

    Friday, September 22, 2023 Report this

  • David Daniels

    Claque is a crony - and he is wrong. The county ordinance only controls how the county is to process a county employee's complaint of a 112.3187 violation. The County ordinance part only comes into play as described under FS 112.3187 (8)(b) The inappropriate or gross mismanagement conduct is controlled by the FS 112.3187 (2) and (3)(a) “Agency” means any state, regional, county, local, or municipal government entity, whether executive, judicial, or legislative; any official, officer, department, division, bureau, commission, authority, or political subdivision therein…" I would underline them if I could, but clearly 112.3187 (3)(b) defines Agency using these words COUNTY ...OFFICIAL...COMMISSION. So the illegal conduct is done by the Agency. And the Employee files the complaint of Agency misconduct. How that complaint is adjudicated is where the County Ordinance comes into play. WTF is right.

    Friday, September 22, 2023 Report this

  • EPG2002

    Lee Washington had way too much integrity for this clown car of corrupt miscreants.

    Saturday, September 23, 2023 Report this

  • bbenac

    How sad (and wrong!!) that the Acting County Administrator Lee Washington does the right thing by filing a whistleblower complaint against the BOCC, but their attorney Bill Clague says no can do to the immune BOCC criminals. But you know what? Just because their attorney (who the taxpayers pay for his services) found a loophole-doesn’t mean that are not guilty of a crime. We cannot continue to allow these criminals to get away with harassing employees, paying them off and once again violating the Sunshine Law. I sent a complaint (ok actually just this article and an email) to the Sheriff’s office, probably won’t go far-need real legal help to get them where they belong-in jail.

    Saturday, September 23, 2023 Report this

  • Dave

    It isn't clear to me why Mr. Washington withdrew his complaint when he resigned his position. Perhaps the Times could ask him about it?

    Saturday, September 23, 2023 Report this

  • rjckeuka4

    Finally, someone with integrity has the courage to stand up and not get his knees muddy in the pig sty that is the Manatee County Commission! No morals, no dignity, no sense and no care for the citizenry of the County,...only for power, control and feathering their own nests,...and there will be payback from Neal, Beoruff, Pedeci, et. al. someday. There'll be jobs, gifts, or support for further office if and when wanted. Politics couldn't be dirtier anywhere in the country!! We've got to get them voted out!!!

    Sunday, September 24, 2023 Report this

  • andreart

    County Commissioners are not employees of the County. This whistleblower complaint is on the books for employees.

    County Attorney’s office works.for the Commission only. They follow direction of the legislative body,

    BOCC, NOT administrative body.

    The Bocc are Clauge’s bosses, not administrator. Both work well until Scott Hopes took over and caused this embarrassment.

    Sunday, September 24, 2023 Report this

  • barbaraelliott

    To Mr. Washington and posters here; everyone is right. This is the most corrupt county in the USA. I'm glad to see some lawyers(?) jumping on this board with the truth. Clague does only represent the commissioners. It should have been investigated by a third party. You can submit this as a criminal complaint to law enforcement depending on where the meeting took place. If it was in the City of Bradenton you file with that entity. If it happened outside the city of Bradenton you file with the Manatee Sheriff's office. However, I guarantee the state prosecutor Eduardo Brodsky will spin the complaint just as the county attorney did. This is why we need the FBI or DOJ to get their butts here. Don't call the FBI though, you'll have to leave a message on a full voicemail so you can't. They don't take walk in complaints and all these agencies want you to do their work naming statutes violated, providing absolute truth and proof.

    There are criminal penalties for violating Sunshine Law. Good luck. The Sunshine complaint I filed regarding the City of Bradenton disposition and sale of Bradenton City Hall was spun into oblivion by Brodsky. They're all a bunch of cons, coordinated, co-conspirators and should be in jail. They remind me of the Godfather movie, all the big shots at the round table helping each other's agenda over lunch!

    My suggestion is

    1)as a group citizens file a criminal complaint. This is not a complaint to the Commission on Ethics but to law enforcement. It is criminal.

    2) Arrange a large group to visit DOJ Merrick Garlands office in Washington DC with or without an appointment. I'll see if that's possible. Never know till you try. Besides all they can say is no.

    This county needs investigating as well as the City of Bradenton. That especially includes the finances of both entities for fraud and irregularities. They have done harm to the poor, by being developer whores. There is plenty of fancy housing for rich folks, nothing for the poor. NOTHING, not one affordable home or apartment is available on a waiting list that spans years.We could provide for our poor better, with a hand up instead of down.Single moms will have to leave young children home now for lack of affordable daycare while the moms have to work, pay rent, utilities, food, car insurance, internet, etc. on cheap wages paid by rich people and wealthy companies. At risk kids will have nowhere to go, not even a neighborhood park. We will have nothing but polluted, unviable waterways, toxic laden cyanobacteria drinking water, dead sealife and wildlife, no decent air to breath because all the trees that make rain and oxygen are nearly gone. Ever see a development after the developer prepared the land raping every tree, bush and leaf of grass? It is a complete desert. As far as you can see to the horizon.

    Please Mr. Washington, run for county commission. We need ethical persons like you. I'll sign your qualifying ballot in a half second. Thanks for what you've done so far. I hope the county has to pay you big-time, no nondisclosure deal, because they promoted you then demoted you because you bucked the system BOCC has in place and did your job with integrity. As a commissioner the powers that be would be hard on you and your family. I hope if you are elected, voters can provide some new commissioners who will have your back. Thank you for your service as you have been drafted to the Manatee government trenches to fight for the rights of Americans the same as any US soldier. Please don't disappear into the sunset. We need you.

    Please contact me if you like,

    Regards,

    Barbara Elliott

    Stone Soup Manatee

    stonesoupmanatee@yahoo.com

    942-447-9929

    Wednesday, September 27, 2023 Report this

  • barbaraelliott

    Don't forget the Florida Bar is another option if you like lobbing additional collateral damage. Try it. It's fun to watch commissioners sweat.

    Wednesday, September 27, 2023 Report this

  • barbaraelliott

    To Mr. Washington and posters here; everyone is right. This is the most corrupt county in the USA. I'm glad to see some lawyers(?) jumping on this board with the truth. Clague does only represent the commissioners. It should have been investigated by a third party. You can submit this as a criminal complaint to law enforcement depending on where the meeting took place. If it was in the City of Bradenton you file with that entity. If it happened outside the city of Bradenton you file with the Manatee Sheriff's office. However, I guarantee the state prosecutor Eduardo Brodsky will spin the complaint just as the county attorney did. This is why we need the FBI or DOJ to get their butts here. Don't call the FBI though, you'll have to leave a message on a full voicemail so you can't. They don't take walk in complaints and all these agencies want you to do their work naming statutes violated, providing absolute truth and proof.

    There are criminal penalties for violating Sunshine Law. Good luck. The Sunshine complaint I filed regarding the City of Bradenton disposition and sale of Bradenton City Hall was spun into oblivion by Brodsky. They're all a bunch of cons, coordinated, co-conspirators and should be in jail. They remind me of the Godfather movie, all the big shots at the round table helping each other's agenda over lunch!

    My suggestion is

    1)as a group citizens file a criminal complaint. This is not a complaint to the Commission on Ethics but to law enforcement. It is criminal.

    2) Arrange a large group to visit DOJ Merrick Garlands office in Washington DC with or without an appointment. I'll see if that's possible. Never know till you try. Besides all they can say is no.

    This county needs investigating as well as the City of Bradenton. That especially includes the finances of both entities for fraud and irregularities. They have done harm to the poor, by being developer whores. There is plenty of fancy housing for rich folks, nothing for the poor. NOTHING, not one affordable home or apartment is available on a waiting list that spans years.We could provide for our poor better, with a hand up instead of down.Single moms will have to leave young children home now for lack of affordable daycare while the moms have to work, pay rent, utilities, food, car insurance, internet, etc. on cheap wages paid by rich people and wealthy companies. At risk kids will have nowhere to go, not even a neighborhood park. We will have nothing but polluted, unviable waterways, toxic laden cyanobacteria drinking water, dead sealife and wildlife, no decent air to breath because all the trees that make rain and oxygen are nearly gone. Ever see a development after the developer prepared the land raping every tree, bush and leaf of grass? It is a complete desert. As far as you can see to the horizon.

    Please Mr. Washington, run for county commission. We need ethical persons like you. I'll sign your qualifying ballot in a half second. Thanks for what you've done so far. I hope the county has to pay you big-time, no nondisclosure deal, because they promoted you then demoted you because you bucked the system BOCC has in place and did your job with integrity. As a commissioner the powers that be would be hard on you and your family. I hope if you are elected, voters can provide some new commissioners who will have your back. Thank you for your service as you have been drafted to the Manatee government trenches to fight for the rights of Americans the same as any US soldier. Please don't disappear into the sunset. We need you.

    Please contact me if you like,

    Regards,

    Barbara Elliott

    Stone Soup Manatee

    stonesoupmanatee@yahoo.com

    942-447-9929

    Wednesday, September 27, 2023 Report this

  • barbaraelliott

    To Mr. Washington and posters here; everyone is right. This is the most corrupt county in the USA. I'm glad to see some lawyers(?) jumping on this board with the truth. Clague does only represent the commissioners. It should have been investigated by a third party. You can submit this as a criminal complaint to law enforcement depending on where the meeting took place. If it was in the City of Bradenton you file with that entity. If it happened outside the city of Bradenton you file with the Manatee Sheriff's office. However, I guarantee the state prosecutor Eduardo Brodsky will spin the complaint just as the county attorney did. This is why we need the FBI or DOJ to get their butts here. Don't call the FBI though, you'll have to leave a message on a full voicemail so you can't. They don't take walk in complaints and all these agencies want you to do their work naming statutes violated, providing absolute truth and proof.

    There are criminal penalties for violating Sunshine Law. Good luck. The Sunshine complaint I filed regarding the City of Bradenton disposition and sale of Bradenton City Hall was spun into oblivion by Brodsky. They're all a bunch of cons, coordinated, co-conspirators and should be in jail. They remind me of the Godfather movie, all the big shots at the round table helping each other's agenda over lunch!

    My suggestion is

    1)as a group citizens file a criminal complaint. This is not a complaint to the Commission on Ethics but to law enforcement. It is criminal.

    2) Arrange a large group to visit DOJ Merrick Garlands office in Washington DC with or without an appointment. I'll see if that's possible. Never know till you try. Besides all they can say is no.

    This county needs investigating as well as the City of Bradenton. That especially includes the finances of both entities for fraud and irregularities. They have done harm to the poor, by being developer whores. There is plenty of fancy housing for rich folks, nothing for the poor. NOTHING, not one affordable home or apartment is available on a waiting list that spans years.We could provide for our poor better, with a hand up instead of down.Single moms will have to leave young children home now for lack of affordable daycare while the moms have to work, pay rent, utilities, food, car insurance, internet, etc. on cheap wages paid by rich people and wealthy companies. At risk kids will have nowhere to go, not even a neighborhood park. We will have nothing but polluted, unviable waterways, toxic laden cyanobacteria drinking water, dead sealife and wildlife, no decent air to breath because all the trees that make rain and oxygen are nearly gone. Ever see a development after the developer prepared the land raping every tree, bush and leaf of grass? It is a complete desert. As far as you can see to the horizon.

    Please Mr. Washington, run for county commission. We need ethical persons like you. I'll sign your qualifying ballot in a half second. Thanks for what you've done so far. I hope the county has to pay you big-time, no nondisclosure deal, because they promoted you then demoted you because you bucked the system BOCC has in place and did your job with integrity. As a commissioner the powers that be would be hard on you and your family. I hope if you are elected, voters can provide some new commissioners who will have your back. Thank you for your service as you have been drafted to the Manatee government trenches to fight for the rights of Americans the same as any US soldier. Please don't disappear into the sunset. We need you.

    Please contact me if you like,

    Regards,

    Barbara Elliott

    Stone Soup Manatee

    stonesoupmanatee@yahoo.com

    942-447-9929

    BTW I just contacted DOJ in Tampa to schedule an appointment for however many folks want to go make a complaint about Manatee County. I see a caravan on the horizon. Keep in mind complaints must be violations of federal law which includes violations of civil rights, federal law, things like using federal grants and other funds in inappropriate ways such as giving a park to developers when federal money was used to build or maintain buildings on such land that belongs to taxpayers. Things like using federal money to build affordable housing that cost $3000 per month. Using federal money for poor folks housing fraudulently or not at all. Federal wildlife grants and polluted waterways and ground water improvement money from the federal government also qualify. Federally funded road projects. Think outside the box. Let me know what you come up with. There are a host of federal laws being violated here. This includes the long political arm from Manatee to Tallahassee.

    Wednesday, September 27, 2023 Report this