New Florida law requires city officials to disclose net worth; some are resigning instead

Two Daytona Beach Shores city commissioners have resigned as the latest in a wave of local elected officials leaving before Jan. 1, when they face more stringent financial disclosure requirements.

Mel Lindauer, a Shores commissioner since 2016, told The News-Journal on Wednesday the new requirement − submitting what's known as Form 6 − is "totally invasive" and serves no purpose.

Commissioner Richard Bryan, who has also served since 2016, said in his Dec. 21 resignation letter that he had another priority but added the Form 6 issue "affected the timing" of his decision.

Both of the resignations are effective Thursday.

Mayor Nancy Miller said the commission, down to three members, will discuss how to go about filling the vacancies during a workshop on January 9. She declined to address the Form 6 controversy.

Mayors, others resign ahead of new year

The new financial disclosure requirement has been cited by local elected officials who've quit in Naples, Fort Myers Beach, Jacksonville Beach, Belleair, North Palm Beach, Dunnellon, St. Pete Beach, Cedar Key and Williston, among other cities.

Many state officials already file a Form 6, including the governor and Cabinet, legislators, county council members and sheriffs. The forms require disclosure of the filer's net worth and holdings valued at more than $1,000, including bank accounts, stocks, retirement accounts, salary and dividends.

Sen. Jason Brodeur, R-Sanford, sponsored the legislation in the Florida Senate. Rep. Spencer Roach, R-North Fort Myers, sponsored the House version of the bill and said it brings "parity" among elected officials.

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Ethics head: Disclosure increases public trust

The expansion has been a legislative priority of the Florida Commission on Ethics for several years.

“Enhanced financial disclosure will increase public trust. The reason why (the) financial disclosure (form) is filled out is to provide transparency, increase public confidence in government and help identify potential conflicts of interest of public officials," Kerrie Stillman, the commission's executive director, told the Senate Rules Committee on March 30.

She called Florida "a leader of transparency," and said political corruption has been seen at all levels of government.

“These elected officials are asking for citizens' votes. They’re asking to hold the public trust," she said, "and as part of the exercise of disclosing financial interests, and providing information on what might cause a potential conflict of interest, that actually helps the public official, as well.”

Lindauer: Net worth, assets 'totally irrelevant'

Lindauer, one of two Shores commissioners who resigned, contends the new law is driving good people away from public service.

He said the previous disclosure, Form 1, required of city elected officials shows the public the sources of income, which is purposeful, as it might point to possible conflicts of interest.

"Form 6 is totally invasive. The first question is what is your total net worth," he said, adding that every account he holds, every piece of jewelry over $1,000 and more invites more than public scrutiny. He sees it as an invitation for criminals looking for a score.

"What difference does it make if one elected official is worth $100,000 and the other is worth $10 million?" he asked. "That's totally irrelevant."

Lindauer said he lives a modest lifestyle after a successful 30-year career and building an investment portfolio, while also finding a niche as an author of articles and books on investment. If forced to reveal his net worth and holdings, he feared it would change the way people viewed him.

"People like me, who live a middle-class life and don't flaunt wealth at all, now people see you in a different light and treat you different," he said. "All I want to know is: Am I doing a good job or not?"

Bryan wrote in his resignation letter that he doesn't feel his voice is needed, as many of the Shores City Commission votes are 5-0, and that he is also working on another project examining public health.

He said the Form 6 issue affected the timing of his resignation and also complained about Florida's Sunshine Law requiring elected city officials to discuss city business only during an open meeting.

"The Sunshine Law prevents effective oversight on issues that are complex and/or involve wrongdoing," he wrote.

Lindauer said he's hopeful there will be pushback on the Legislature with the local elected officials' resignations.

"I really enjoyed my work," he said. "I thought I was making a difference."

Note: This story has been corrected to reflect the date of the Daytona Beach Shores City Commission workshop.

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This article originally appeared on The Daytona Beach News-Journal: Shores commissioners quit before Jan. 1 financial-disclosure deadline