Print

Email story

Comment

Email editor

Vote on program prompts grievance

Curtis Holmes says Commissioner Pat Gerard voted on an arts program being run by her employer.

By SHANNON TAN
Published October 29, 2005

LARGO - Civic activist Curtis Holmes has filed an ethics complaint against Commissioner Pat Gerard because she discussed and voted on an arts program run by her employer.

Gerard is vice president of Pinellas programs at Family Resources, the nonprofit group operating the Youth Arts Corps program in St. Petersburg. She supported putting the free arts education and job readiness program in the old Largo Library.

City commissioners ended up voting 5-1 to put the program in another location, with Mayor Bob Jackson voting against. They will decide Tuesday whether to offer Family Resources 5,000 square feet at the PSTA building on 49th Street. The city is expected to purchase that facility in December.

Holmes, 56, said that Gerard's involvement in promoting the program to Largo officials was a conflict of interest. He filed a complaint with the Florida Commission on Ethics in Tallahassee last week.

"I have a keen sense of right and wrong," Holmes says. "This is wrong."

Gerard pointed out that she had asked City Attorney Alan Zimmet for a legal opinion on the issue before last week's meeting about the program.

Zimmet told her it was not a conflict of interest because she works for a nonprofit organization. He also said she could not abstain from voting because there was no conflict of interest.

"I did think back and forth about whether I should do it," Gerard said. She said she decided, "If I don't offer this opportunity to my own city, I would be remiss."

Others disagree.

At the meeting, businessman John Atanasio had protested Gerard's involvement, and said that he would like other attorneys to weigh in on whether a conflict existed.

Holmes refers to Florida Statute 112.314, which states that no public official shall vote on any measure which would result in the person's special private gain or loss.

By securing a location in Largo for the program, Holmes said, Family Resources will be able to boost its income. Gerard "will also benefit in terms of accomplishment in her job," he wrote in his complaint.

Complaint coordinator Kaye Starling said the commission's legal department has to first determine whether the allegations indicate a possible violation. If a complaint is found to be "legal sufficient," an investigation will take place.

If Gerard is found to have committed an ethical violation, she could face a fine of up to $10,000, a letter of reprimand or be subject to removal from office.

Gerard, who is running for mayor, said the ethics complaint is politically motivated.

"In terms of the complaint, you have to consider the source," she said. "The mudslinging has started much earlier than I thought it would."

Holmes is no stranger to ethics complaints.

Three years ago, he filed both ethics and elections complaints against Mayor Jackson that were later dismissed.

Holmes contended that Jackson interfered with a meeting by instructing the city clerk to allow those supporting the new library to speak before those who wanted the city to hold a public referendum.

Shannon Tan can be reached at shtan@sptimes.com or 445-4174.

[Last modified October 29, 2005, 01:45:21]