West Palm Beach mayor cleared of corruption allegations from former mayoral opponent

WEST PALM BEACH — Mayor Keith James did not abuse his power when the city issued code violations to a former political rival’s downtown business, denied the business permits and said it would end a lease with him, investigators have concluded.

The Palm Beach County Commission on Ethics on Thursday, Dec. 14, dismissed Subculture Coffee owner Rodney Mayo’s allegations that James misused his position as mayor for personal benefit. The complaints Mayo filed in May lacked evidence, the commission said in a ruling published Monday, Dec. 18.

Ever since Mayo announced his mayoral campaign in 2022, he has said, James has abused his power to retaliate against the downtown restaurateur, who owns Respectable Street, Lost Weekend, Kapow and other establishments along Clematis Street in downtown West Palm Beach.

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Ethics Commission says West Palm mayor did not single out Rodney Mayo

Mayor Keith James listens to public comments at the city commission meeting at city hall in downtown West Palm Beach, Fla, on April 17, 2023.
Mayor Keith James listens to public comments at the city commission meeting at city hall in downtown West Palm Beach, Fla, on April 17, 2023.

Mayo argued in his filing that such alleged retribution counts as misusing power for personal benefit. But the county ethics commission said James did not personally benefit or single out Mayo.

“For each instance where (Mayo) alleged he had been ‘unfairly targeted’ or subject to ‘retribution,’ when the other side was presented, each action was easily explained and legitimized,” the commission’s 3,770-page report said.

"I appreciate the thorough review conducted by the Palm Beach County Commission on Ethics,” James said Monday in a prepared statement. “The decision reaffirms my commitment to serving the residents of West Palm Beach with integrity and in adherence to ethical standards."

Mayo did not respond Wednesday, Dec. 20, to requests for comment.

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Events in alley near downtown Subculture Coffee shop at core of dispute

Subculture Group owner Rodney Mayo speaks at the city commission meeting at city hall in downtown West Palm Beach, Fla, on April 17, 2023.
Subculture Group owner Rodney Mayo speaks at the city commission meeting at city hall in downtown West Palm Beach, Fla, on April 17, 2023.

The city staff began sending notices to Mayo in October and November of 2022 — when he announced his candidacy — that Subculture was violating its agreement with West Palm Beach by hosting events without permits in the alley next to it that it rented from the city.

And in March, City Attorney Kimberly Rothenburg delivered a letter to Subculture saying the city would not renew the coffee shop’s lease in the city-owned retail space. Mayo described it as an eviction notice.

But the ethics commission report noted that Rothenburg’s notice said Mayo owed more than $7,000 in rent. He also did not tell the city at least one year before the lease ended that he wanted to keep renting, as the lease required. (Mayo disputed the lease and, after negotiations with the city, signed a new one this past October.)

Mayo told the city staff that his coffee shop held events for five years there without permits and without issue. But Angela Poco, West Palm Beach’s community events supervisor, said the city had served such notices to Subculture since 2019.

Mayo said James started denying permits for alleyway events it had previously granted him that closed the 500 block of Clematis Street. But the city granted street-closing permits to Mayo for outdoor parties well after he announced his candidacy, such as Moonfest 2023, the ethics investigation found.

“Ultimately, the investigation revealed no evidence that (James) violated any section of the Palm Beach County Code of Ethics,” the commission’s report says.

This is the second time this month that James has been cleared of ethics violation allegations. On Dec. 1, the Florida Commission on Ethics dismissed a charge filed in 2019 against James for unfairly awarding a city contract to a security firm run by his friend.

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James sued Mayo in December 2022 after the businessman launched his campaign, claiming Mayo was ineligible under city law to be mayor because he did not live here. Mayo claimed he lived in an apartment above one of his Clematis Street establishments, Lost Weekend.

Palm Beach County Circuit Court Judge G. Joseph Curley Jr. agreed in January with James and banned Mayo from the ballot in the March municipal election. Eligible candidates need to show they reside in the city at least six months of the year.

Mayo changed his voter registration address on Dec. 29, 2022, from a home near Lantana to West Palm Beach, Curley noted in his ruling.

To read the Palm Beach County ethics commission's full report online, go to palmbeachcountyethics.com/coepub/Complaints/ComplaintSearch.aspx to see the case search form, select 2023 as the "Complaint Year," type "010" in the "Complaint Number," and click or tap "Search." The website will load links to the full report, audio interviews with Mayo, West Palm Beach city staff, and the commission's dismissal statement. Your web browser may take a while to load the full report.

Chris Persaud is the data reporter for The Palm Beach Post. You can reach him at cpersaud@pbpost.com. Help support our journalism. Subscribe today.

This article originally appeared on Palm Beach Post: West Palm mayor Keith James cleared of ethics allegations made by rival