Islamorada Village Councilman Henry Rosenthal has agreed to a stipulation order from the Florida Commission on Ethics that calls for a “public censure and reprimand,” and for him to pay $2,500 in fines.
An attorney for Rosenthal signed the agreement in January, and the Florida Commission on Ethics will formally vote on the stipulation when it meets Friday, April 19, in Tallahassee. The initial complaint was filed by former Village Councilwoman Deb Gillis.
The signed stipulation agreement comes as Ethics Commission Advocate Melody Hadley stated “there is probable cause to believe that Respondent (Rosenthal) violated Section 112.313(6) Florida Statutes, by using his position to benefit himself,” Hadley wrote in her recommendation.
The complaint and subsequent stipulation order stems from Rosenthal attempting to use his position on the Village Council to convert the Island Community Church property, which Rosenthal was interested in purchasing, and turning it into an entertainment venue, according to Hadley’s recommendation.
Rosenthal asked (Village Planning Director Jennifer) DeBoisbrand to “encourage” other Village Council members to support Rosenthal’s request to change the zoning and other land regulations so the property could be used for a theater, or in the very least “poll” other council members to gauge their support, Hadley stated. DeBoisbrand told another village staff member she would neither poll the other council members nor encourage them to support the proposed zoning change. She did provide Rosenthal with information on what steps need to be taken to change the zoning, according to Hadley.
“While it is alleged that Respondent (Rosenthal) conspired with staff, the general consensus is that the staff did nothing out of bounds for their positions,” Hadley’s report stated. “However, Respondent (Rosenthal) did attempt to manipulate the zoning process by requesting that DeBoisbrand poll the Council members to determine if they were receptive to rezoning the property in order to fulfill the quest to open a theater. Respondent’s (Rosenthal) desperation to purchase the property and the zoning change by a date certain is evident by his actions.”
Rosenthal told The Keys Citizen that “it is in the best interest of the community that I don’t contend it (the Ethics complaint).”
“I agreed to the offer from the Ethics Commission in spite of all the charges against me being bogus,” he said. “I wanted this to go away and not have to spend $50,000 fighting them.”
Rosenthal has no plans to resign from office but has yet to make a decision on whether he will run again, he told The Keys Citizen.
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