Tuesday, June 8, 2010

Recallers In Violation Of Federal Law?

The following is the text of an email sent by a representative of Bayview Plaza to the Mayor and Commissioners late yesterday regarding the Recaller's use of the Post Office and adjacent facilities for recall activities. The email is self-explanatory but, among other things, warns that such use is a violation of federal statutes:

-----Original Message-----
From: Tom Breiter [mailto:tom@breitercapital.com]
Sent: Mon 6/7/2010 3:13 PM
To: Fran Barford; jktoomey@tampabay.rr.com
Cc: 'Sandra Mattick'; 'Carol Carter'; JoAnne Mattick; John Quam; Harry Stoltzfus; Chuck Webb; Dale Woodland
Subject:

Hi Fran,

The committee for the recall of Mr. Stoltzfus used the Bayview Plaza as a site to obtain signatures for the initial recall petition. This last weekend I guess some things got a little heated during their efforts for the second petition, and there were complaints to the Postmaster (Gloria) and her staff. Gloria filled me in this morning and advised me of the federal statutes prohibiting political and commercial activity in and around federal facilities, including Post Offices.

The Plaza's owners have a policy of not allowing political campaign efforts or promotion of commercial activity other than for the businesses located in the Plaza. The presence of the Post Office is another factor since political and commercial promotion are strictly prohibited on federal property and facilities. We have a bit of a gray area with the Post Office occupying about one third of the Plaza, but the parking and sidewalks are used by post office patrons as well, so where does the Post office begin and end? Without knowing some of the interpretations of the federal statutes and our desire to continue to not favor one side or another as a commercial business condominium association, we have decided to maintain our previous stance of prohibiting the aforementioned activity for political and commercial promotions.

I am writing to ask your help with notifying all present commissioners and future candidates that the Bayview Commercial Plaza is private property and is not intended for the self-promotion of any political candidate for election or for one trying to avoid recall. These individuals as residents are, of course, able to use the postal facility and adjoining sidewalks and parking to obtain their mail or patronize the resident businesses, but no gatherings for political efforts are allowed. They should also be advised they may be deemed to have run afoul of federal statutes if they do so.

We also understand that this activity has gone on in the past at election time and the plaza's owners have not gone to great lengths to police the activity. We will be more active in the future to prevent these occurrences.

Fran, I appreciate your help and it is not my intent to put you in the middle of the issue, just to gain your help in educating the current commissioners and to perhaps advise future candidates about this throughsomething inserted in the election packet.

Please call me with any questions or observations on this topic. I have copied the current commissioners and the key members of the recall committee on this email as well. It should be easy to understand.

Tom Breiter, Treasurer
Bayview Commercial Plaza Association, Inc.
941-778-1900
101 South Bay Blvd. / Suite B-4
P.O. Box 818
Anna Maria, FL 34216



You can view the original email at City Hall.

2 comments:

  1. There is something odd about this letter it refers to commissioners trying to avoid recall as using the post office site.
    The post office was being illegally used by the Committee to Recall, not by anyone else. Is he drinking the same kool-aid as our newspapers' editors? Why is he twisting this?
    If I am mis-informed please let me know.

    ReplyDelete
  2. Hum:

    Your perception of the subtle nuances is, as always, spot on. Mr. Breiter is, in fact, Recall Committee Member #47 (wife Kathleen is #48) by virtue of his signature on the Recall Petition. You can find it on page 84 of the Recall Committee list by hitting the link in the "Stay Informed!" section above. It is interesting, is it not, that the Recaller's illegal activities were ignored by the effective landlord Breiter until it became apparent that the flagrant violation of federal law was about to become a messy public issue.

    Oh the tangled webs...

    ReplyDelete

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