Kostka to submit resolution on censure of O’Brien
By Sheldon Gardner
Posted Mar 2, 2018 at 8:15 PM
Updated Mar 3, 2018 at 1:45 PM
St. Augustine Record
St. Augustine Beach Commissioner Maggie Kostka plans to raise discussion at Monday’s City Commission meeting about whether to reprimand former mayor and current Commissioner Rich O’Brien.
On Friday, she provided a copy of a resolution she’s planning to submit to commissioners to consider censuring O’Brien. The document cites several things that happened in recent years, including O’Brien showing up late or being absent at commission meetings or city-sponsored events.
The document cites other events:
• Then-mayor O’Brien used city letterhead to write to St. Johns County in support of extending the St. Augustine Beach Civic Association’s operation of the farmer’s market at the beach pier parking lot — a move the Commission had not approved, according to Kostka.
The city’s policies and procedures manual says that the mayor isn’t allowed to commit the city to a position without the Commission’s approval.
• The Florida Elections Commission issue. St. Augustine Beach Mayor Rich O’Brien paid $200 in 2017 to clear up a complaint with the Florida Elections Commission over campaign literature used in the 2016 election. The issue stemmed from his use of the phrase “Republican’s Choice” on his campaign fliers.
The Republican Party of St. Johns County took issue with the phrasing since the party had endorsed O’Brien’s opponent. Though it wasn’t an official action of the party, someone affiliated with the group filed a complaint: Michel Pawlowski, father of then-St. Augustine Beach Vice Mayor and current Mayor Undine George.
The Florida Elections Commission found that one allegation of a Florida Election Code violation was legally sufficient: That O’Brien campaigned via the ad based on party affiliation in a non-partisan race. As part of the consent order with the elections commission, O’Brien paid a civil penalty of $200 to the Florida Elections Commission to avoid an investigation into the allegation. Signing the order didn’t mean he admitted or denied wrongdoing.
In fact, O’Brien said the issue was “a lot of fanfare going on about nothing.” O’Brien also said he was a Republican and was a choice of two opponents.
“I feel like it was a very appropriate mailer because there was a choice of two Republicans running for the same seat,” O’Brien said during a previous interview.
• Kostka’s resolution also references the setback violation of a conditional use permit on property on F Street owned by O’Brien and his wife, Lauren Ringhaver, via their business.
The conditional use permit that allowed construction of the property required a western setback of 15 feet, but work stopped on the property once the city realized it was being built with about a 12-foot setback.
While there were differing opinions between the city’s side and O’Brien’s about how the error came to be, and where the blame should lie, commissioners voted 3-1 in 2017 to fine O’Brien’s team $25,000 and allow his request to adjust the permit to keep the building’s setback.
Kostka said on Friday that her main issue with that decision, which she voted against, is that O’Brien didn’t follow the rules of the original permit. His error, she said, cost city officials and commissioners time and resources.
Kostka said people have spoken to her with concerns about O’Brien, including asking about “why they feel he as though he is getting away with things,” which is why she wanted to have a discussion on whether to censure him, she said.
Kostka’s resolution restates city policy that O’Brien can’t sign or write letters on city letterhead or identify himself as speaking on behalf of the city without prior commission consent.
It also says that, “violation of the terms of the resolution may result in his removal from St. Augustine Beach Commission meetings and further sanctions may be warranted.”
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