Manatee administrator accused 2 commissioners of Sunshine violation before resigning

Manatee County’s top executive accused two commissioners of a Florida Sunshine Law violation earlier this year before deciding to resign from his post.

Public records show that Lee Washington, the county’s former acting county administrator, submitted a detailed letter alleging that Commissioners Vanessa Baugh and Mike Rahn communicated with one another about a county matter outside of a public meeting. He also accused the commissioners of pressuring him to hire an advocate for the local building industry.

“...I was subject to violations of Florida’s Sunshine laws, ethics, gross mismanagement and mismanagement malfeasance related to county meetings held to conduct county business, while not being publicly noticed or minutes captured,” Washington wrote in a June 15 letter to County Attorney Bill Clague.

Washington resigned from Manatee County Government in August, citing “personal reasons” for his departure, the county said in a press release.

During a recent podcast interview with other former Manatee County Government officials, Washington recounted his six months as the acting county administrator and offered advice to his replacement.

“There will be challenges when it comes to the administrator philosophy, project timeliness, ethics and even times of integrity,” Washington said.

In a Tuesday afternoon text message to the Bradenton Herald, Washington declined to comment on his letter.

Before being selected to lead Manatee County’s daily operations, Washington served as the director of the government’s Community and Veterans Services Department. Washington first joined the county in 2009.

Was lunch meeting a Sunshine violation?

Jon Mast, the CEO of the Manatee-Sarasota Building Industry Association, Rahn and Baugh are at the center of Washington’s complaint. He alleged that they all met in early March for lunch to discuss hiring Mast as a deputy county administrator.

In an interview with the Bradenton Herald, Rahn confirmed that he invited Mast and Washington to meet with him at O’bricks in downtown Bradenton. Shortly after the meeting began, he said Baugh, whom he had not invited, sat at their table and ordered food.

Baugh, who resigned from public office in June, did not respond to the Bradenton Herald’s request for comment Tuesday afternoon.

Rahn said he arranged the meeting to introduce Mast and Washington, arguing that Mast would be a strong addition to the county’s administrative ranks. During the lunch conversation, Rahn said he sat back and listened while Baugh, Washington and Mast spoke about the job.

According to Florida Statutes, a Sunshine violation occurs anytime two or more elected officials of the same board gather to discuss official business without proper notice of a public meeting. A violation is punishable by a $500 fine or up to 60 days in jail.

“Members of a public board are not prohibited under the Sunshine law from meeting together socially, provided that matters which may come before the board are not discussed at such gatherings,” the Florida Attorney General’s website says.

While commissioners are not involved in the process of hiring deputy county administrators, the board does vote to confirm an employee’s appointment. Last month, the board voted to appoint Bryan Parnell as a deputy county administrator.

Commissioners pushed to replace Washington

Washington said he felt uncomfortable with Baugh and Rahn inserting themselves in the process of selecting a deputy county administrator. He said both commissioners asked to review the applications and resumes while the job posting was posted.

According to Washington’s letter, he resisted the suggestion to hire Mast and chose to close the deputy county administrator job posting without hiring any candidate in early April.

Later that month, Baugh and Rahn voted in favor of an effort to remove Washington as interim administrator and hire Mast instead. At the time, Rahn did not explain why Mast would be the best person for the job, but he found support from his fellow commissioners, including Baugh.

Baugh’s husband is on the Manatee-Sarasota Building Industry Association’s board of directors. Rahn is listed on the organization’s website as a “life director.”

The attempt fell apart when other board members questioned the proposed $225,000 salary for Mast, which would have been the highest ever for a county administrator.

Mast did not respond to the Bradenton Herald’s request for comment Tuesday afternoon.

Rahn has denied any wrongdoing and argued that Washington’s complaint is aimed at Baugh.

“I never pressured anybody to do anything,” Rahn said.

According to Washington’s letter, the former commissioner told him that “someone” would make a motion to relieve him from his job. Rahn made that motion a week later, Washington said.

A whistleblower complaint

Speaking during Tuesday’s public meeting, Martin Hyde, a conservative who ran an unsuccessful campaign against U.S. Rep. Vern Buchanan, R-Longboat Key, last year, called on Rahn to resign from office.

“We now know that a whistleblower complaint alleges a meeting took place between then-Commissioner Baugh, current Commissioner Rahn and then-Administrator Washington,” Hyde said. “A more egregious backroom, smoky room deal, one couldn’t possibly imagine. Such a meeting, if it took place, would be illegal.”

In response, Rahn said the county attorney and his own personal attorney have reviewed Washington’s letter and determined that a Sunshine violation did not take place.

“There’s no violation of the Sunshine. There was a lunch. The other commissioner was uninvited. They showed up,” Rahn told Hyde. “If you feel there’s a claim, the state attorney is on the sixth floor. You’re welcome to see him.”

When Washington resigned from county government, he also retracted his complaint. In an Aug. 3 letter, he wrote that he stands by his reporting of events but understands “that individuals other than me may have different interpretations and intentions regarding what was said.”