Exploring Transparency in Government: The Satellite Beach Lawsuit and Florida's Sunshine Law

A lawsuit filed against the City of Satellite Beach highlights the importance of correctly determining whether a meeting must be made open to the public. The sunshine law helps citizens learn what their government is doing. Courts rarely punish Sunshine Law offenders, even though they can order those offenders to pay civic penalties and the litigation expenses of citizens who prove the violations.

The Satellite Beach Lawsuit and Florida's Sunshine Law

In September 2018, citizens arrived at a publicly posted meeting; they were met by police officers who informed them that it was a "private meeting" and only a select few citizens were allowed inside. The meeting was initially advertised as a public "workshop" but was abruptly canceled by the City on the day of the meeting.

A group of residents took legal action when they were denied access to a meeting they had scheduled with Robert Bowcock, an expert on water issues who has worked alongside Erin Brockovich. The purpose of the meeting was to address concerns about PFAS contamination and potential health risks. However, only certain citizens could attend, as the Council selectively chose who could participate, leaving others out.

One of those residents permitted into the meeting later sent an 11-page packet, which contained intimidations and harassment, to the plaintiff's house. They were even found in public records suggesting placing "bots" on the plaintiff's nonprofit organization's website, causing financial harm. Investigation revealed that the City of Satellite Beach was involved in the packet, as it was printed by the City Manager's assistant on November 19, 2018, using taxpayers' funds, as shown in public records.

Suggesting placing "bots" on the plaintiff's nonprofit organization's website

 

Packet printed at City Hall

Sharing details about advocates, such as addresses

Multiple sources, including video footage, photos, documents, and testimonies from several residents, professionals, and media outlets, confirm that elected officials Mindy Gibson, Mark Brimer, and Frank Catino were behind closed doors. The Sunshine Law ensures that meetings involving "official business by any agency" are accessible to the public. It prohibits public officials from holding private meetings to discuss any matter on which the public board or commission will take foreseeable action.

According to public records, government officials have admitted to trying to bypass the sunshine law by rotating officials during meetings. This shows that they are willing to violate the constitutional right of access. Such actions only serve to diminish trust in the government. Instead of avoiding transparency, city officials should welcome it. 

It has been discovered that PFAS chemicals were utilized at Patrick Space Force Base (previously known as Air Force Base), leading to the detection of these chemicals in the groundwater of Satellite Beach City. Following the open meetings law, the public should have been allowed to attend the meeting regarding PFAS contamination. Mayor Frank Catino made a statement on September 19, 2018, confirming that the meeting's purpose was to address concerns about the contaminated water.

A lawsuit was filed by citizens whose rights were violated, and after 18 months, Judge Paulk dismissed the case. Due to pandemic restrictions, the hearing was conducted over the phone, and government attorneys repeatedly postponed it while modifying and updating paperwork. Due to this decision, the plaintiffs could not present their evidence or witnesses in court.

The plaintiffs decided to challenge the court's ruling, but the appellate court supported Judge Paulk's decision to dismiss the case. However, the court did not provide any explanation for its decision. The court also ruled that the lawsuit was not frivolous or filed in bad faith and rejected the city's request for attorneys' fees and costs filed on March 8, 2022. 

The government officials consider the dismissal a victory since the judge didn't proceed with the case. They aim to schedule a hearing in April 2023 and return to Judge Paulk in the lower court to request attorneys' fees and costs, despite the appellate court rejecting their motion.  

The government officials avoided a trial with photos, video, documents, and witness evidence. However, instead of dropping the case, they are now pursuing the victims for payment of their legal fees, even though their rights were violated. By continuing this legal battle and returning to the lower court, the government is creating a financial burden for the affected families. Furthermore, they are utilizing taxpayer money to retaliate against those who acted to safeguard lives in their community.

Scientific testing, studies, medical screening guidance, a FUDS designation, new drinking water advisory levels, and national discussions have all substantiated the plaintiff's concerns regarding water contamination in 2018.

To donate, please visit https://gofund.me/e7c8fb17

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Breaking the Barrier: Cancer Victims Blocked from the PFAS Water Contamination Meeting

Cancer Victims Blocked from the PFAS Water Contamination Meeting 

In September 2018, council members of Satellite Beach violated the Sunshine Law, which mandates that government business must be conducted in public. When citizens arrived at the meeting, they were met by police officers who informed them that it was a "private meeting" and escorted them out. The meeting was initially advertised as a public "workshop" but was abruptly canceled by the City on the day of the meeting.

The group of residents and cancer survivors took legal action when they were denied access to a meeting they had scheduled with Robert Bowcock, an expert on water issues who has worked alongside Erin Brockovich. The purpose of the meeting was to address concerns about PFAS contamination and potential health risks. However, only certain citizens could attend, as the Council selectively chose who could participate, leaving others out.

Multiple sources, including video footage, photos, documents, and testimonies from several residents, professionals, and media outlets, confirm that elected officials Mindy Gibson, Mark Brimer, and Frank Catino violated the state's open-meeting law. The photographic evidence clearly shows the three officials together behind closed doors. The Sunshine Law ensures that meetings involving "official business by any agency" are accessible to the public. It prohibits public officials from holding private meetings to discuss any matter on which the public board or commission will take foreseeable action.

According to public records, government officials have admitted to trying to bypass the sunshine law by rotating officials during meetings. This shows that they are willing to violate the constitutional right of access. Such actions only serve to diminish trust in the government. Instead of avoiding transparency, city officials should welcome it. 

It has been discovered that PFAS chemicals were utilized at Patrick Space Force Base (previously known as Air Force Base), leading to the detection of these chemicals in the groundwater of Satellite Beach City. Following the open meetings law, the public should have been allowed to attend the meeting regarding PFAS contamination. Mayor Frank Catino made a statement on September 19, 2018, confirming that the meeting's purpose was to address concerns about the contaminated water.

A lawsuit was filed by citizens whose rights were violated, but unfortunately, Judge Paulk dismissed the case after 18 months. Due to pandemic restrictions, the hearing was conducted over the phone, and government attorneys repeatedly postponed it while modifying and updating paperwork. Due to this decision, the plaintiffs could not present their evidence or witnesses in court.

The plaintiffs decided to challenge the court's ruling, but the appellate court supported Judge Paulk's decision to dismiss the case. However, the court did not provide any explanation for its decision. The court also ruled that the lawsuit was not frivolous or filed in bad faith and rejected the City's request for attorneys' fees and costs filed on March 8, 2022. 

The government officials consider the dismissal a victory since the judge didn't proceed with the case. They aim to schedule a hearing in April 2023 and return to Judge Paulk in the lower court to request attorneys' fees and costs, despite the appellate court rejecting their motion.  

The government officials avoided a trial with photos, video, documents, and witness evidence. However, instead of dropping the case, they are now pursuing the victims for payment of their legal fees, even though their rights were violated. By continuing this legal battle and returning to the lower court, the government is creating a financial burden for the affected families. Furthermore, they are utilizing taxpayer money to retaliate against those who acted to safeguard lives in their community.

Scientific testing, studies, medical screening guidance, a FUDS designation, new drinking water advisory levels, and national discussions have all substantiated the plaintiff's concerns regarding water contamination in 2018.

To donate, please visit https://gofund.me/e7c8fb17

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The Controversy Surrounding Mindy Gibson: Uncovering Unethical Conduct in Satellite Beach

"Having them speak for 3 minutes at a council meeting gives good FaceTime for them but does not accomplish much," - Mindy Gibson, September 6, 2018, via email referencing residents who attend a city council meeting to speak at the podium regarding water contamination concerns.

In a Satellite Beach council meeting in November 2022, Councilwoman Mindy Gibson falsely accused Satellite Beach resident Jeff Dubitsky and environmental advocate Stel Bailey's nonprofit organization of wrongdoing. However, Gibson's statement contradicts her previous commendation and applause for their successful work on PFAS contamination in a Brevard County Delegation meeting, which calls into question the validity of her accusation.

Gibson was involved in the 2018 closed-door meeting, where a publicly posted meeting still occurred. The meeting addressed concerns regarding contaminated water and potential cancer clusters. Police officers guarded the doorways and only allowed selected residents to attend. Video footage captured this incident, but the council members in charge were not held responsible for their actions. Gibson is the only council member remaining on the city council named in a lawsuit filed for violating sunshine law in 2018. 

The city council members did not discuss whether they should pursue Bailey and the residents for their attorney fees. Judge Paulk dismissed the lawsuit but did not explain why. The company appealed the decision, and the appellate court upheld it while denying the city's motion for attorney fees, stating that the lawsuit was not frivolous. The city attorney announced they would continue pursuing Bailey for the costs by returning to Judge Paulk in the lower court. The decision to pursue legal fees from the residents whose civil rights were violated was made without a vote, and the city still uses taxpayers' money to prolong the legal process.

The appellate court denied fees by Judge Lambert on March 8, 2022.

Over the years, Bailey has consistently tried to establish connections with the city to find solutions for PFAS contamination, engage the South Patrick Shores community, and address health concerns in the area. We have found no evidence of any members of this organization engaging in unprofessional behavior with City of Satellite Beach government officials. Some council members have tried to create the false impression that the organization is linked to outside activists not part of the board or volunteer team. Politicians frequently use this strategy to tarnish someone's reputation through association.

Council member Mindy Gibson was recorded speaking with several individuals who were denied access to a public meeting scheduled for September 2018 outside of the Satellite Beach city hall. Despite being posted as a public meeting, it was canceled at the last minute but still proceeded. Police officers guarded the entrance doors. Gibson refused to answer questions about why only a select group of people were denied access to the meeting while others were permitted inside. 

September 17, 2018: Elected officials Mark Brimer, Mindy Gibson, and Frank Catino together behind closed doors.

Councilwoman Gibson is found discussing the case via Facebook messenger through public records suggesting that fees were well over $100,000 in February of 2022.

In previously disclosed public records, officials were observed discussing that PFAS was not a concern and contemplating ways to circumvent legal requirements for transparency. These same records also exhibited numerous email threads among city associates, urging their friend's presence at city council meetings to dispute claims made by cancer survivors and their families worried about the water.

As citizens of the United States, we have the right to hold government officials responsible for their actions. Penalizing families who seek justice will only weaken the trust within our community and discourage people from participating in civic activities.

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Corruption Unveiled: A Father's Fight Against Satellite Beach Government's Criminal Behavior

In 2019, Jeff Dubitsky, a Satellite Beach resident and father of five, spoke at a City Council meeting. He addressed concerns about a violation of the Sunshine law and unethical behavior.

"On July 3, 2018, I appeared before the council and asked for leadership and results regarding possible cancer clusters and water concerns. The same day council told me they were looking into it and, more importantly, pointed out that IF anything was found, they would need to reach out for help because of limited resources and knowledge.

My organization and I reached out to experts across the country. We were fortunate enough to have Bob Bowcock and Erin Brockovich agrees to visit at no cost to us. Mr. Bowcock came, and we met to discuss our concerns and possible solutions. Mr. Bowcock reached out to the city and offered to set up a meeting to discuss this. A meeting was set for mid-September. Upon arrival at this meeting, representatives from our environmental firm, Stel, and I were denied entrance. The evening news (channel 6) aired a letter from Mrs. Barker stating we were "combative and nonproductive." 

Our organization continued to work with experts locally and around the country. We use certified labs (science) to perform tests to help determine what may be occurring in our community. Our organization has been active in attending meetings and has met with other professionals and state representatives, and senators.

Over the course of the last several months, through our investigation and access to public records, we uncovered a relationship with Kathy Marler. This particular relationship is alarming to us as Mrs. Marler actively threatened and harassed me and my family, apparently with the knowledge of municipal leaders and possibly at their direction. Please see the following attachments:

Kathy Marler was invited to the meeting I was denied entrance into and identified as a Cancer Advocate and Parent of a cancer survivor.

•  Public records reveal several hundred emails have been exchanged with Mrs. Marler, City Manager Courtney Barker, and councilwoman Mindy Gibson. I have attached some examples of these emails and texts. One text identifies Mrs. Marler as your "water guru." 

•  A separate email identifies a discussion of our non-profit organization and a plan to mount a campaign of electronic surveillance against citizens with the city’s help.

•  Other public records document the City Manager’s effort to orchestrate public comments opposing Fight For Zero’s concerns about contamination and safe drinking water. 

•  An email was sent out by Courtney asking “friends” to appear at the following council meeting to speak against me and our group, as apparently investigating cancer and contamination is “silly,” as identified by Mrs. Barker.

•  Other texts shared between Courtney, Devon, Jessica, and others show Mrs. Barker’s stating, "screenshot Jenna Swisher's comment. That one was awesome." All of Mrs. Swisher's comments are attached in reference to this and her apology and retraction of these comments, none of which were awesome or factual. For the record, to date, I have never met or personally spoken to Mrs. Swisher.

•  Another email from Mrs. Gibson states: "Having them speak for 3 minutes at a council meeting gives good FaceTime for them but does not accomplish much."

•  Another from Mrs. Barker insinuates, "It is election time"... there for a lot of misinformation on Facebook right now

•  In fact, Mrs. Barker's conversations and targets are not just related to the citizens in Satellite Beach or South Patrick Shores, or Cocoa; she includes sitting representatives; Bryan Lober

This list could go on for hours, but that is not why I am here tonight.

Public records strongly suggest that Kathy Marler is an operative of the City Manager. At the very least, Kathy Marler’s harassment has been encouraged and facilitated by the City Manager along with Mindy Gibson. That should concern the citizens and leaders of the City because:

I received a letter from Kathy Marler on December 7, 2018. That letter, which is a public record:

•  Compares my value to that of “butt-wipes.”

•  Says she will never leave me alone until I hand over data to the City of Satellite Beach. (Page 1)

•  Since I cannot do this, this means she intends to stalk me forever.

•  States, “Off with their heads!” referring to me and other people affiliated with Florida Health Connection LLC. (page 3)

•  Admits that she visited my home and blocked me in at Lowes. (page 6)

•  Placed a picture of bloody hands with “HELP ME” written in apparent blood in reference to the incident where she blocked me in at Lowes. (page 6)

•  Stated in reference to me: “You have forever harmed my trust in people...made my anger for your continued idiotic senseless actions spiral.

In December 2018, a court granted a temporary injunction protecting my family and me. MOST Alarming was to discover Mrs. Marler’s harassment has been facilitated by the City. For example:

•  Kathy Marler sent this packet to City Hall as a 5th draft to have it printed so she could mail it to my house.

•  City Hall has printed hundreds of pages of documents for Mrs. Marler and assisted her in crafting and editing letters over the past several months.

•  It was sent to Julie Finch for printing which we know that Mrs. Barker also uses as her personal account.

•  Mrs. Barker issued a statement to Florida Health Connection from Julie Finch’s email stating the recently terminated Leonor Olexa was terminated for sending us an "unnecessary volume of records," only to find out when questioned at the January 23rd council meeting that she was NOT fired for this, and through another public record request has found NO mention of this incident in her termination. 

•  Now we have uncovered the city has used its time and resources to write to the judge overseeing the injunction to write on her behalf. 

•  On January 23, 2019, the Mayor addressed the city's relationship with Mrs. Marler and stated she is "no one, just a resident."

•  It is clear to Mrs. Marler that, though offered and encouraged to seek official board positions, she is an ex officio board member and an agent of the city.

Lastly, Mrs. Barker sent out a letter in February of this year, and at the bottom, it states, “We understand that some residents will want to continue to look for sources of environmental contamination regardless of the Department of Health report. The City will continue to assist these residents as much as possible".

Public records suggest people are being manipulated by the city as a means of intimidating citizens who simply want a safe environment and clean water."

To view documents and attachments submitted to the city council: Public Records 

To learn more, visit sunshinecase.org 

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A Cancer Advocate's Battle for Transparency: Unveiling Unethical Actions by Satellite Beach Government

A Cancer Advocate's Battle for Transparency

SATELLITE BEACH, FL., February 2019 - "I'm here tonight to express my concern over the issue of unethical behavior, intentional wrongdoing, and abuse of power. Public records reveal that some appeared to have enriched themselves by exploiting their personal opinion through public forums, such as using city resources to send misrepresented information about myself and my organization using city resources to send a disturbing 11-page document that was later sent to my colleague's home, a resident. The use of city resources to monitor citizens' social media activity to include 52 screenshots in one day. 

Other public records document the satellite beach police department driving by a nonresident's home and the chief instructing police officers to not file an incident report or accept statements from us regarding the sunshine law violations. Other public records document an effort to orchestrate public comment opposing our concerns about contamination and safe drinking water. It's actions like this that undermine public trust in government.

I began my work in 2014, and in the past nine months, I spent over 20,500 hours, drove over 3100 miles, and spent my life savings to support this community here in Satellite Beach because I believe in this so much. I made several attempts to work with the city starting on June 29, 2018, then again on July 9th, July 27th, August 9th, and September 22nd. Additionally, I gave the city an opportunity to be a guest speaker at a July 20th meeting that we canceled in an effort to work with the city so that they could reveal their results. Then again, I attempted to meet in September with Bob Bowcock, Erin Brockovich's water expert. 

With military bases being investigated across the country, it's naive to assume that PFOA and PFOS are not an issue of concern, along with other toxic contaminants of health concerns. This is why I stand before you again today, advocating for many voices seemingly unheard inside your community.

I request that this unethical behavior cease immediately. Let's bring transparency and accountability back into Satellite Beach." 

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Fighting for Access: The Battle between Satellite Beach Officials and Citizens

Donate toward legal fees on GoFundMe

Exploring Transparency in Government: The Satellite Beach Lawsuit and Florida's Sunshine Law

In September 2018, council members of Satellite Beach violated the Sunshine Law, which mandates that government business must be conducted in public. When citizens arrived at the meeting, they were met by police officers who informed them that it was a "private meeting" and escorted them out. The meeting was initially advertised as a public "workshop" but was abruptly canceled by the City on the day of the meeting.

A group of residents took legal action when they were denied access to a meeting they had scheduled with Robert Bowcock, an expert on water issues who has worked alongside Erin Brockovich. The purpose of the meeting was to address concerns about PFAS contamination and potential health risks. However, only certain citizens could attend, as the Council selectively chose who could participate, leaving others out.

One of those residents permitted into the meeting later sent an 11-page packet to the plaintiff's house, which contained intimidations and harassment. They were even found in public records suggesting placing "bots" on the plaintiff's nonprofit organization's website, causing financial harm. Investigation revealed that the City of Satellite Beach was involved in the packet, as it was printed by the City Manager's assistant on November 19, 2018, using taxpayers' funds, as shown in public records.

Multiple sources, including video footage, photos, documents, and testimonies from several residents, professionals, and media outlets, confirm that elected officials Mindy Gibson, Mark Brimer, and Frank Catino violated the state's open-meeting law. The photographic evidence clearly shows the three officials together behind closed doors. The Sunshine Law ensures that meetings involving "official business by any agency" are accessible to the public. It prohibits public officials from holding private meetings to discuss any matter on which the public board or commission will take foreseeable action.

According to public records, government officials have admitted to trying to bypass the sunshine law by rotating officials during meetings. This shows that they are willing to violate the constitutional right of access. Such actions only serve to diminish trust in the government. Instead of avoiding transparency, city officials should welcome it. 

It has been discovered that PFAS chemicals were utilized at Patrick Space Force Base (previously known as Air Force Base), leading to the detection of these chemicals in the groundwater of Satellite Beach City. Following the open meetings law, the public should have been allowed to attend the meeting regarding PFAS contamination. Mayor Frank Catino made a statement on September 19, 2018, confirming that the meeting's purpose was to address concerns about the contaminated water.

A lawsuit was filed by citizens whose rights were violated, but unfortunately, Judge Paulk dismissed the case after 18 months. Due to pandemic restrictions, the hearing was conducted over the phone, and government attorneys repeatedly postponed it while modifying and updating paperwork. Due to this decision, the plaintiffs could not present their evidence or witnesses in court.

The plaintiffs decided to challenge the court's ruling, but the appellate court supported Judge Paulk's decision to dismiss the case. However, the court did not provide any explanation for its decision. The court also ruled that the lawsuit was not frivolous or filed in bad faith and rejected the City's request for attorneys' fees and costs filed on March 8, 2022. 

The government officials consider the dismissal a victory since the judge didn't proceed with the case. They aim to schedule a hearing in April 2023 and return to Judge Paulk in the lower court to request attorneys' fees and costs, despite the appellate court rejecting their motion.  

However, instead of dropping the case, they are now pursuing the victims for payment of their legal fees, even though their rights were violated. By continuing this legal battle and returning to the lower court, the government is creating a financial burden for the affected families. Furthermore, they are utilizing taxpayer money to retaliate against those who acted to safeguard lives in their community.

Scientific testing, studies, medical screening guidance, a FUDS designation, new drinking water advisory levels, and national discussions have all substantiated the plaintiff's concerns regarding water contamination in 2018.

Council member Mindy Gibson was recorded speaking outside Satellite Beach city hall with a group of individuals who were not allowed to attend the meeting. Despite being asked, Gibson seemed unaware of why some people were denied access while others were allowed in. Police officers were guarding the entrance to the meeting.

It was evident at the September 17, 2018 meeting that the City would continue to face PFAS contamination as the issue was not resolved. And indeed, the City did continue to deal with the problem in the future.

• On October 3, 2018 city council approved spending about $15,000 in funds to conduct additional groundwater testing for PFAS chemicals.
• On January 23, 2019, the city council approved sending a letter to all Satellite Beach residents summarizing groundwater testing results.
• On November 30, 2020, the city council approved legislative priorities for the City’s lobbyist, which included water quality and PFAS legislation.

The problem of PFAS contamination remains unresolved in Satellite Beach, and the city council will likely take further action to address it.

To donate, please visit https://gofund.me/e7c8fb17

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Behind Closed Doors: Exploring the City of Satellite Beach's Sunshine Law Violation

In late 2018, three elected government officials of Satellite Beach City held a private meeting to discuss water contamination at Patrick Space Force Base and cancer concerns. The meeting was initially announced as public but was later canceled on the city's website. However, some county officials, state representatives, military base attorneys, elected officials, and a selected group of residents still attended to meet. 

Residents who had planned to attend the meeting were not notified of its last-minute cancellation and, upon arrival, were denied entry by police officers who informed them that the forum was private. Video footage revealed that three elected officials from Satellite Beach attended a closed-door meeting held at city hall, during which only select residents were allowed to participate. Additionally, attendees were prohibited from recording videos or taking notes.

Despite multiple reports and contacts with the police, state attorney, and Florida attorney general, the elected officials were never subjected to investigation or suspension from office by any authority.

A lawsuit was filed against the city, but it was later dismissed. The city then tried to get attorney's fees, but their motion was denied on March 8, 2022.

Published February 12, 2020: Was it a meeting or wasn't it?

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