Sealing the Deal? Magazine Editor Accuses Mayor Flinn of Charter Violation

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An email is making the circuit throughout Palmetto Bay, calling into question the improper use of the Village seal by the Mayor. 
 
Herb Sosa, the editor of Ambiente, a local Hispanic magazine, has accused
Palmetto Bay Mayor Eugene Flinn of using the village seal in a manner not consistent with the village charter. In a letter to the village, Mr. Sosa claims that Mayor Flinn is using the seal in his campaign materials in his bid for election to the state House of Representatives, District 117.
 
Mr. Sosa writes, this is a “…clear violation of your Charter and Village Code for Palmetto Bay, Sec. 2-1, d.”
 
“The Village of Palmetto Bay has always been a place of integrity,“  asserts Mr. Sosa, “without the violations and scandals that unfortunately plague many of our other South Florida communities and their elected officials – we hope Mr. Flinn’s blatant disregard for the law is not a reflection of the rest of the Village’s management, and does not tarnish that sterling record.”
 
Flinn is currently in a race for the democratic primary with Palmetto Bay resident, Lisa Lesperance, a local trial attorney.  Lesperance has garnered the endorsements of many elected officials including Pinecrest Mayor and former State Representative Cindy Lerner, Miami Beach Mayor Mattie Herrera Bower, Miami-Dade Commissioner Katy Sorenson, and State Senator Nan Rich.
 
Recent campaign reports show Lesperance outraising Flinn by a margin of 6 to 1, with Lesperance bringing in $16,000 to Flinn’s $2,375 during the October through December 2009 reporting period.
 
So far, Flinn has made no public comment regarding the use of the village seal in his campaign.
 
Here is Sosa’s letter in its entirety: 

January 14, 2010

Esteemed leadership of the Village of Palmetto Bay.

It has been brought to our attention by several of our readers & local voters that Mr. Gene Flinn, candidate for Fla State House Dist 117 and Mayor of your fair Village, is using the seal of the Village of Palmetto Bay on his campaign materials.

This is in clear violation of your Charter and Village Code for Palmetto Bay, Sec. 2-1, d.

We are sure you will join in our concern of this violation, and request this be addressed immediately.  The integrity of the Village is put in question when someone is allowed to mislead and break the very rules they have been elected to uphold, not to mention a clear ethics violation.

The Village of Palmetto Bay has always been a place of integrity and without the violations and scandals that unfortunately plague many of our other South Florida communities and their elected officials – we hope Mr. Flinn’s blatant disreguard for the law is not a reflection of the rest of the Village’s management, and does not tarnish that sterling record.

Is this a sign of his proposed “leadership” in Tallahassee?  His idea of upholding the very law he was elected to follow?

It certainly seems to be his idea of upholding the law as sitting mayor – the law is for others to follow, not he?

We look forward to your speedy address of this important issue, and hope not to have to further investigate, pursue or report on it any further.

 If the Village supports this violation, we & the voters would very much like to know as well.

Respectfully,

Herb Sosa: Editor, Ambiente.us

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Palmetto Bay Mayor Eugene P. (Gene) Flinn is using the official seal of the Village of Palmetto Bay on his “official campaign website to Elect Eugene Flinn, for State Representative, District 117″ website which can be seen at www.eugeneflinnjr.info

According to the Charter and Village Code for Palmetto Bay, this is a violation:

Sec. 2-1. Village seal.

(a) Designation . As used in this chapter, the official seal of the village shall mean the following identifying symbol.

(b) Execution and acknowledgement of written instruments . Whenever it shall be necessary for the village, under the authority of its village council, its charter or its code and the general laws of the state to execute and, or, authenticate deeds, contracts, ordinances, resolutions and other documents on behalf of the village, the official seal of the village shall be affixed to the document.

(c) Display on public property . The village seal shall be displayed on public property, including, but not limited to, the village hall, parks, public improvement projects, uniforms, patrol cars, equipment and other property, as directed by the village council.

(d) Prohibition . It shall be unlawful and a violation of chapter 1 of this Code for any person to print for the purpose of sale or distribution, or to circulate, manufacture, publish, use, display or offer for sale any letters, papers, documents, clothing, equipment or items of merchandise which simulate the official seal of the village or the stationery of an official, department or instrumentality of the village without the expressed written authority of the village council or its designee. Pursuant to F.S. § 165.043, the unauthorized use or reproduction of the seal constitutes a second degree misdemeanor, punishable as provided in F.S. §§ 775.082 and 775.083.

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