Mayor, councilman: No Sunshine violation
Fort Myers Beach Mayor Tracey Gore and Town Councilman Dennis Boback fired back Monday at accusations from a beach organization alleging they may have committed a Sunshine Law violation.
Gore defended herself during a town council meeting Monday morning that got so emotional she had to stop the session for a moment to collect herself.
A group called the Estero Island Taxpayers Association said they snapped a picture of Gore and Boback speaking with Chris Patton, a woman who is suing the town over the TPI/Marguaritaville Project.
One of the members also recorded a conversation at a beach restaurant and bar at which they allegedly spoke about the lawsuit, according to EITA.
Florida’s “Sunshine,” or open meetings and public records laws, preclude private discussions between or among elected officials on matters that may come to a vote.
In council chambers, emotions were high.
Resident Ray Murphy said that while the town council voted unanimously to approve the TPI project twice, there was still “an elephant in the room.”
“When two council members talk with each other, that’s a violation of Sunshine Laws. We have a problem,” Murphy said. “Boback and Gore, do the right thing. If this was discussed, resign. Don’t drag the city through the agony that’s to come.”
Others decried what they say is the lack of civility that has taken over the town while showing their support for the mayor.
The most passionate defender was former council member Summer Stockton, who wore sunglasses to try to hide her emotions.
“Tracey, you’re a strong woman and people don’t like strong women. You will rise above this. You’re a better person,” Stockton said tearfully. “‘To quote Taylor Swift, ‘Haters Gonna Hate, Shake it off.'”
Gore turned her back to the audience and called for a momentary recess to gather herself before the meeting turned to discussion of other business. Gore was going to comment at the end of the meeting, but decided against it.
“For the community to come out and show their support because they know who I am and that I would never knowingly do anything wrong,” Gore said of her emotions at the time.
Gore and Boback denied discussion town business during the incident that was reportedly was taped two weeks ago. Boback said he is friends with Patton and they both went to the bar at the Beached Whale for drinks when Gore came in with her husband.
“I’m at the Beached Whale all the time. They had some lady secretly record me, supposedly,” Gore said. “It sucks to have nasty people in here. To me, it’s defamatory.”
Gore said she would not resign and that her attorney will be working with EITA.
Boback said he was never asked for a comment by a newspaper that first reported the alleged incident last week and that people can print or say anything they want, but there is no proof.
“I’m well aware of the Sunshine Laws and I’ve known Tracey for a few years and the Pattons have been friends of mine for 15 years,” Boback said. “We socialize. There’s nothing wrong with that. I have not talked to them about anything regarding the lawsuit.”
Boback said he never spoke to Gore about it and, if she said anything, he didn’t answer, therefore there was no violation.
The picture and a snippet of the 40-minute recording made it into a TV newscast. While the picture shows the parties involved, it is unclear if Gore and Patton were specifically talking about the lawsuit, though their voices are heard.
Beverley Milligan, president of EITA, said the gathering brought up some ethical concerns from her members, who then recorded it.
“I heard enough of the tape to give me cause of concern to bring it to my lawyer, who had concern to bring it to the state attorney. There’s a process in place that determine these things. That process will happen and we’ll see what the outcome is,” Milligan said.
Milligan was at the meeting and was glad Gore had the support of her family. She spoke during public comment, but not about the situation. She said she would like to speak to them at some point.
Chris Patton could not be immediately reached for comment