As his attorney threatened during the April 16 hearing, Burgess has filed suit asking a panel of circuit court judges to rescind his removal. Burgess also wants the court to stay any move to replace him until the lawsuit is resolved. Cohn’s departure could factor into the litigation.
Burgess alleges that DDA Executive Director Laura Simon tried to “interfere” with his application last year to keep him off the board. Simon, Burgess claims, “attempted to influence the city clerk to remove [him] from consideration.”
Behind that move, Burgess alleges, was former DDA Board Chair Mavis Benson, whom he calls a “close friend” of Simon. Benson is an ally of former Mayor Shelly Petrolia. The four commissioners who appointed Burgess and three others were not Petrolia allies in this struggle for control of the DDA board.
The four commissioners who voted to remove Burgess cited a letter of reprimand to Burgess from the Palm Beach County Commission on Ethics. The commission was responding to a complaint against Burgess that Benson filed.
Though the letter said he “intentionally” used a false address on his application, Burgess claims that he and the commission “agreed that this would not be allowed as evidence of any form of guilt.”
Burgess accuses City Commissioner Juli Casale—a Petrolia ally—of leading a “witch hunt” against him. During the March 28 organizational meeting after the election that returned her to office, Casale used the usually ceremonial event to ask for a review of Burgess’ appointment. Casale ran with two other Petrolia-allied candidates as a slate.
“There is no actual evidence,” Burgess claims, for his removal. The city has not responded to the lawsuit.
Only one other person applied for the DDA position. The next regular commission meeting is May 21.
This dispute could not come at a worse time.
The agenda says one topic for today’s meeting is a “shared discussion” of Old School Square, which the DDA has been operating since February 2023. The agency’s contract ends Sept. 30, and the DDA and city must negotiate a new one.
I’ll have more after the meeting.