After a month of controversy, Port of Palm Beach selects Varisa Lall Dass to fill its vacancy

The second time was the charm.

After a Dec. 15 botched vote, the Port of Palm Beach finally filled its vacancy during a special meeting Dec. 30, selecting Varisa Lall Dass, an attorney, to serve the remainder of Katherine Waldron’s term, which is set to expire in January 2025.

Dass received eight votes; former Palm Beach Mayor Gail Coniglio, six votes. Peyton McArthur, who received six votes on Dec. 15, withdrew his name from consideration. Nine candidates asked to be considered to fill the vacancy.

Critics questioned the entire selection process, calling for the commission to start the process again, as did Commissioner Jean Enright, to remove any taint associated with the Dec. 15 vote.

It appeared that Dass had won the seat on Dec. 15 but the port’s lawyer, Joseph Fumero, questioned the validity of the vote after Commissioner Joseph Anderson failed to follow the established protocol that called for commissioners to rank their selections.

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Each commissioner was asked to select three candidates who were then assigned scores of one, two and three. The top-ranked candidate would receive a score of three, second-ranked, two; and third-ranked, one. Anderson opted to vote only for Dass on Dec. 15, giving her three points.

“We identified an error. That is why we are here today — to correct the error,” Fumero said at the special meeting, claiming that there is no legal reason why the process should have to start over.

Anderson said protocol requested the ranking system but did not require it. He told the Palm Beach Daily News that the effort to have a second vote was part of a plan to nullify the initial result that had Dass prevailing. While Anderson said there was no reason to take a second vote, he said he was OK with it at the Dec. 30 meeting to remove any ambiguity over the selection. The second vote, he noted, required that the ranking system be used.

The port is governed by a five-person commission

The Port District covers a land area of 971 square miles or approximately 50% of the county. The port is one of the larger employers in Palm Beach County, employing more than 3,500 people. It contributes $260 million in business revenue. More than $14 billion worth of commodities move through the port, governed by five commissioners, each year.

Dass will be sworn into office Jan. 5. She said she was “deeply grateful” for the port’s decision to select her. Waldron resigned Nov. 8 after she was elected to the Florida House of Representatives. Dass was defeated during the August Democratic primary in her bid for a seat on the panel. One resident noted that Dass received 12,000 votes in the primary, and has served on port committees, making her qualified to serve as a port commissioner.

Commissioner Enright, though, questioned why there was such a rush to fill the vacancy.

“We need to take our time,” she said, citing the problems with the Dec. 15 vote. “Do the right thing. To just throw someone in there is not right. The issue is not going away. People are talking. Take a step back and take our time.”

But Port Commission Chairman Blair Ciklin noted that commissioners have spent hours and hours interviewing candidates and reviewing their resumes, adding: “We can and should move forward today.”

Ciklin and Anderson each awarded three points to Dass. Wayne Richards and Enright each awarded three points to Coniglio. Richards' second choice was Dass, giving her the eight points she needed to edge out Coniglio.

A public records request has been submitted concerning the vacancy

Meanwhile, the controversy over the appointment is far from over. Fumero disclosed that staff is working to fulfill a public records request that seeks to obtain all communications, including texts and emails, from commissioners related to the filling of the vacancy.

Fumero said he was not sure how long it would take to fulfill the records request, but he noted that it will take considerable work by staff to gather the information. The requester will be charged for staff time, he noted.

And another public records request was filed with the city of Palm Beach Gardens that seeks information related to police reports or vendor complaints related to Ciklin’s conduct at the green market in Palm Beach Gardens in May and June.

The request was submitted by Michael Barnett in his capacity as chairman of the Republican Party of Palm Beach County. Ciklin said he had no idea why the Republican Party would submit such a request. Efforts to obtain comment from Barnett were unsuccessful.

Mike Diamond is a journalist at the Palm Beach Post, part of the USA TODAY Florida Network. He covers county government. You can reach him at mdiamond@pbpost.com. Help support local journalism. Subscribe today.

This article originally appeared on Palm Beach Post: Port of Palm Beach selects Varisa Lall Dass to fill its vacancy