Voters in Delray Beach made big changes at City Hall last month, and the new three-member majority on the City Commission has quickly set a new tone of ethics and integrity.
Mayor Tom Carney and commissioners Juli Casale and Tom Markert all ran on a platform that called for greater accountability by everyone who’s part of city government. The trio known as “Tom, Tom, Juli,” editorially endorsed by this newspaper, won in convincing fashion on March 19.
An outrageous set of circumstances presented an opportunity for the newcomers to do what they said they would do. They did by removing Rick Burgess from his seat on the city Downtown Development Authority (DDA) at a hearing last week.
Burgess is a long-time Delray businessman and civic activist who wanted very much to win a coveted seat on the DDA, the second most powerful governing body in this city of 67,000 residents. The seven plum appointments have the responsibility to guide growth in the booming downtown and nearby Northwest-Southwest community.
A lack of honesty
The three new city leaders and Commissioner Angela Burns removed Burgess from the DDA because he listed a false address on his city application that made it appear his auto repair business was inside the DDA boundary. The county ethics code has an “honesty in applications” provision that Burgess violated.
That allowed him to hold one of the “tax qualified” seats on the DDA, which greatly improved his chances of being appointed last June by a former commission. He was nominated by former Commissioner Adam Frankel, who’s now running for public defender.
That same commission suspiciously postponed the appointment last May without explanation, delaying the choice of Burgess so he could file an amended DDA application — the one that got him in trouble. The postponement made Burgess’ selection appear greased. Only ex-Mayor Shelly Petrolia voted not to appoint Burgess.
蜜兔直播 DDA member Mavis Benson, a hero in this controversy, filed an ethics complaint against Burgess, accusing him of falsely claiming a required business lease in the DDA zone. After an exhaustive investigation that runs 764 pages, the county Commission on Ethics found that Burgess had never been a tenant in the address he claimed. The agency formally reprimanded Burgess on March 7, and he agreed to the punishment.
Burgess should have had enough sense to resign. But instead, he challenged the removal and lost on a 4-1 vote. Only Commissioner Rob Long opposed removal, saying the city could be sued by Burgess, and that Delray has a history of ethics complaints being “used politically.”
Mayor Carney, a lawyer, was so intent on ensuring that Burgess received due process that his lawyer, Daniel Rose, was allowed to cross-examine citizens who spoke in favor of removal. That led to interrupting speakers, questioning their motives and browbeating, all uncalled-for behavior.
Markert neatly summarized what was at issue. “Mr. Burgess lied about his address,” he said. “There have to be consequences. If there are no consequences, that means you have no rules.”
It took far too long
Removing Burgess was the proper step, but it took too long.
The fact that the previous commission that appointed Burgess refused to clean up the mess it created is another example of why change was so sorely needed at the ballot box in the March election.
The need to remove Burgess was obvious back on Jan. 30, when the county ethics commission staff made a finding of probable cause that Burgess had intentionally provided false information. Given multiple opportunities to defend himself, “he is unable to do so,” the agency said on its website.
But the former commission didn’t act, in all likelihood because there weren’t four votes to remove Burgess.
More changes needed
This tawdry case illustrates the need for more changes.
Under Delray’s charter, it requires a supermajority (four of five members) to remove a board appointee. The city should consider changing the requirement to a simple majority, as it is in many other cities. Failing that, the city should also require a supermajority to make the appointment in the first place. The rule should be the same for people walking into City Hall as it is for those walking out.
Second, we urge the city to improve accountability standards by adding a provision to city board applications that requires applicants to swear that all of the information being provided is true under penalty of perjury, which is a third-degree felony that could carry prison time.
It shouldn’t have to come to that. But it does, thanks to Rick Burgess.
The 蜜兔直播 Editorial Board consists of Opinion Editor Steve Bousquet, Deputy Opinion Editor Dan Sweeney, editorial writer Martin Dyckman and Editor-in-Chief Julie Anderson. Editorials are the opinion of the Board and written by one of its members or a designee. To contact us, email at letters@sun-sentinel.com.
