Krotz, Shimkus will remain on commission
By WAYNE AYERS
Article published on Thursday, June 21, 2007  |
BELLEAIR BLUFFS – The city charter may be vague and imprecise, but the City Commission gave a clear answer Monday evening to assertions that Commissioners Troy Krotz and David Shimkus had violated its provisions and forfeited their commission seats.
In separate votes, the commission unanimously turned down motions that would have removed Krotz and Shimkus from office.
In Krotz’s case, City Attorney Thomas Trask quoted a charter section that says a commission member forfeits his office by failure to attend four regular meetings during a 12-month period. Trask gave his opinion that Krotz, who missed four meetings during the past year, met the requirements for dismissal.
In deciding not to remove Krotz from office, the commission bought Krotz’s argument that the absence count begins and ends with the 2-year commission term. One of Krotz’s absences occurred since his re-election in March. Krotz quoted a section of the city charter to back his claim. An educator, Krotz said the forfeiture provisions were unclear, but could be interpreted in his favor.
The other commission members agreed. Even attorney Trask admitted, “reasonable minds can differ (on the interpretation),” adding, “A lawyer’s opinion is just an opinion.”
Mayor Chris Arbutine said he agreed with Krotz’s view.
“When a term ends, it ends. It’s done,” Arbutine said.
Shimkus, who voted for keeping Krotz, cautioned that the interpretation could lead to a commissioner being absent for six months without facing dismissal. Shimkus gave a hypothetical example of a commissioner missing three months at the end of one term followed by three months in another term.
“The charter is pretty unclear,” he said.
The vote was 4-0 against Krotz’s removal.
Shimkus’ situation drew sympathetic responses from the commission and audience members. His residence in the city was questioned, as he has been living with his family in a rented apartment outside the city while his home is being remodeled.
Backed by his wife, Taylor, who brought 5-month-old Madelyn Shae along, Shimkus told of a house remodeling gone haywire, a pregnant wife, and life in a rented one-bedroom condo with an infant.
Shimkus staunchly defended his resident status, producing a driver’s license, voter registration card, fishing license and passport, all listing his South Wind Drive address. Shimkus said his Belleair Bluffs residence was the only property in the U.S. that he owns, and that he has voted in the city in every election since moving here in 1998.
His wife, Taylor, spoke of missed contractor deadlines that extended the Shimkuses date to move back in from Thanksgiving, to Christmas, to January, then past Dave’s April birthday. She said the couple fired the contractor last month.
The new builder, she said, “has done more in the past three weeks than the other one did in nine months.”
She also said she had been advised by her doctor not to remain in their home due to dust and mold problems.
Residents, as well as commission members, defended Shimkus’ position.
Resident and business owner Suzy Sofer dismissed the accusations against Shimkus as coming from “someone with sour grapes looking for an open council seat.”
Her comment was an obvious reference to former Commissioner Wallace Witham, who brought the alleged charter violations to Trask’s attention. Witham recently lost his bid to regain a seat on the commission.
Following the discussion, the commission voted unanimously in Shimkus’ favor.
Despite the show of support for both commissioners, Krotz said following the special meetings that the city charter is in serious need of revision. Krotz will be chairing a charter review committee due to begin its work this fall.
That body will have its work cut out for it, he said. Krotz said he is glad the charter questions involving his case and Shimkus’ have been raised.
“We need to fix the charter and clean up the ambiguities,” he said.
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Article published on Thursday, June 21, 2007
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