Monday, June 23, 2025
#1 News Source in Sebastian, Florida
SIGN UP FOR FREE NEWSLETTER
Sebastian Daily
  • News
    • All News
    • Business
    • Community
    • Crime
    • Events
    • Food
    • Health
    • Health Inspections
    • Letters to the Editor
    • Restaurants
    • Schools
    • Traffic
  • Discover
    • Indian River Lagoon
    • Moving to Sebastian, Florida
    • Skydiving in Sebastian, Florida
    • Sebastian Riverfront
    • Things to do in Sebastian, Florida
    • What’s it like living in Sebastian, Florida
    • 2024 Sebastian Business Awards
      • Best Pubs in Sebastian
      • Best Restaurants in Sebastian
    • 2023 Sebastian Business Awards
      • Best Restaurants in Sebastian
      • Best Bars in Sebastian
      • Best Diners in Sebastian
      • Best Music in Sebastian
      • Best Pizza in Sebastian
      • Best Pubs in Sebastian
      • Best Subs in Sebastian
      • Best Veterinarian in Sebastian
    • 2022 Sebastian Business Awards
      • Best Restaurants in Sebastian
      • Best Bars in Sebastian
      • Best Diners in Sebastian, Florida
      • Best Music in Sebastian
      • Best Pizza in Sebastian
      • Best Pubs in Sebastian
      • Best Sub Sandwiches in Sebastian
      • Best Veterinarians in Sebastian
      • Best Wings in Sebastian
  • Newsletter
  • Calendar
  • Fishing
  • Obituaries
  • Weather
  • Advertising
No Result
View All Result
  • News
    • All News
    • Business
    • Community
    • Crime
    • Events
    • Food
    • Health
    • Health Inspections
    • Letters to the Editor
    • Restaurants
    • Schools
    • Traffic
  • Discover
    • Indian River Lagoon
    • Moving to Sebastian, Florida
    • Skydiving in Sebastian, Florida
    • Sebastian Riverfront
    • Things to do in Sebastian, Florida
    • What’s it like living in Sebastian, Florida
    • 2024 Sebastian Business Awards
      • Best Pubs in Sebastian
      • Best Restaurants in Sebastian
    • 2023 Sebastian Business Awards
      • Best Restaurants in Sebastian
      • Best Bars in Sebastian
      • Best Diners in Sebastian
      • Best Music in Sebastian
      • Best Pizza in Sebastian
      • Best Pubs in Sebastian
      • Best Subs in Sebastian
      • Best Veterinarian in Sebastian
    • 2022 Sebastian Business Awards
      • Best Restaurants in Sebastian
      • Best Bars in Sebastian
      • Best Diners in Sebastian, Florida
      • Best Music in Sebastian
      • Best Pizza in Sebastian
      • Best Pubs in Sebastian
      • Best Sub Sandwiches in Sebastian
      • Best Veterinarians in Sebastian
      • Best Wings in Sebastian
  • Newsletter
  • Calendar
  • Fishing
  • Obituaries
  • Weather
  • Advertising
No Result
View All Result
Sebastian Daily
No Result
View All Result
Home Community News in Sebastian, Florida

Judge Grants Motion to Dismiss Defendants in Damien Gilliams Recall Case

Andy Hodges by Andy Hodges
Sep 4, 2020 / 10:16 AM
A A
Judge Janet Croom

Judge Janet Croom

Share on FacebookShare on TwitterShare via Email

Judge Janet Croom has granted a motion to dismiss the case brought on by Damien Gilliams against PAC founder and chair Tracey Cole, City Clerk Janette Williams, and Indian River County Supervisor of Elections Leslie Swan.

“The court finds that the facts alleged in the petition are legally sufficient to establish grounds for malfeasance as a matter of law,” Croom ruled.

The special recall election to remove Damien Gilliams, Charles Mauti, and Pamela Parris is still scheduled for Sept. 15, 2020.

“Tracey Cole, the plaintiff, has not alleged that she did anything improper with respect to the collection of signatures. To the extent that the defendant Cole performed any act with respect to the preparation of the petition document, as the document is legally sufficient, there is no claim against the defendant Cole as to legal sufficiency. Further, there are no future duties to be performed by the defendant Cole in the recall process, so there is no action to enjoin with respect to the defendant Cole,” Judge Croom wrote.

Gilliams says the Recall Committee improperly started the signature collection process prematurely, because they began collecting signatures on May 20, 2020, about one day early.

“However, the statute actually provides that ‘no petition to recall any member of the governing body of a municipality shall be filed until the member has served one-fourth of his or her term of office … The petition was filed on May 29, and was thus not premature,” Judge Croom said.

The lawsuit filed by Sebastian City Councilman Damien Gilliams to stop the recall special election was heard Wednesday, Sept. 2, 2020, by Judge Janet Croom.

The court opened with defense attorneys speaking for Sebastian City Clerk Jeanette Williams, Indian River County Supervisor of Elections Leslie Swan, and PAC group founder Tracey Cole.

Craig Rappel
Craig Rappel

Craig Rappel, Damien Gilliams’ attorney, was very brief when addressing the complaint. Rappel said Gilliams has a right to bring the recall issue to the courts for a full review of the process. Rappel also said Gilliams was served on a Sunday, which is against the Florida Statute.

However, Judge Croom ruled Gilliams can be served the petition notices on a Sunday because the “petition was not a writ, process, warrant, order or judgment.”

Andrea Amigo
Andrea Amigo

Andrea Amigo, Williams’ attorney, argued that no Florida Statute says Damien Gilliams could not be served the recall papers on a Sunday. The only exceptions are when people are served with other legal notices, such as a court appearance or a warrant. Amigo then asked that the lawsuit against the City Clerk be dismissed.

Gary Rooney
Gary Rooney

Gary Rooney, Tracey Cole’s attorney, told the judge that Gilliams provided a poor response to their motion to dismiss and a bad presentation during Wednesday’s court hearing. Rooney says Gilliams and his attorney misquoted the statute in several complaints against Cole. Rooney also told the judge that there’s no authority to stop the recall election.

Dylan Reingold
Dylan Reingold

Dylan Reingold, Leslie Swan’s attorney, said Gilliams has a misunderstanding of the law. He said Swan handled the petitions correctly and that they are valid. Reingold said the petitions were verified and checked for duplicates, and it’s an “in-depth eleven step process.”

Croom said Leslie Swan has completed a verification of each petition.

“She is not responsible for determining the legal sufficiency of the petition. Her duties with respect to the recall process are ministerial,” Croom wrote.

Croom also addressed Gilliams’ complaint that the Recall Committee committed campaign financing violations during the petition signature process, because certain expenses, such as printing the petitions, are not included in the finance reports.

“However, the plaintiff (Damien Gilliams) has not provided any authority to indicate that the campaign violations he alleges, even if true, would somehow render the recall process invalid,” Croom said.

Gilliams also contends that the petition forms circulated for signatures were improperly bundled, in violation of Florida Statute.

“First of all, it is not clear what factual allegations the plaintiff is making with respect to ‘bundling.’ In any event, 100.371(3), Florida Statutes pertains to constitutional amendment ballot initiatives and is not relevant to this action,” Croom wrote.

Gilliams also said the petition document is facially and legally insufficient as a matter of law for a number of cases.

“First, he contends that the document contains a typographical error when it refers to malfeasance based on 100.361(2)(c)(1), Florida Statutes, because [the statute] does not exist and ‘typographical errors are not permissible with respect to any Petition/Initiative required to come before the electorate’. The Court notes that the malfeasance ground for recall is actually found at 100.361(2)(c)(1). The plaintiff has not provided authority for his contention that no typographical errors are permissible on a recall petition,” Croom wrote in her ruling.

The only issue left is if 406 signatures were improperly witnessed, which Gilliams will have to prove. There was one exhibit with a text between Christopher Nunn and one other individual showing a petition may have been improperly witnessed, but both parties are willing to testify against the allegation.

Legal experts tell Sebastian Daily that the issue left will be nearly impossible for Gilliams to prove. Experts say this will eventually be dismissed like the other complaints.

On Sept. 8, 2020, a court hearing is scheduled for Gilliams to prove certain petitions were improperly witnessed.

FEATURED EVENTS

To add your event, call 772-925-5221.
Jun 23
4:00 pm - 8:00 pm

Allen Wronko at Capt Hirams Resort (Sandbar)

Jun 23
6:00 pm - 10:00 pm

Open Jam Night at Tiki Bar & Grill

Jun 24
4:00 pm - 8:00 pm

Kyle Kraft at Capt Hirams Resort (Sandbar)

Jun 24
6:00 pm - 8:00 pm Event Series

Trivia at Capt Hirams Resort (Ramp Lounge)

Jun 24
6:00 pm - 8:00 pm

Pints & Prose: A Night of Story Telling at Pareidolia Brewing Company

View Calendar
Previous Post

Damien Gilliams Applies for 2nd Business Grant, Claims Airbnb Loss

Next Post

Sebastian News: Judge Dismisses Lawsuit, Fireworks, COVID-19

Next Post

Sebastian News: Judge Dismisses Lawsuit, Fireworks, COVID-19

HOMETOWN NEWS

Sebastian Recycling Club Offers Scholarships for SRHS Graduates

4th Annual Pareidolia Open Golf Scramble 2025 Set for July 26

Indian River County School District Saves $1.2 Million Through Strategic Reorganization

Celebrate 40 Years of Treasure at Mel Fisher Days 2025!

Local Author and Psychic Medium Pam Morley Releases Debut Book

Pro Fishing Tips for Snook, Bluefish, and More Heating Up!

INFORMATION

  • About Us
  • Advertise Your Business
  • Contact Us
  • Disclosure
  • Privacy Policy
  • Terms Of Use
  • Signup for Newsletter

CONTACT

Main Number:  772-925-5221.

© 2025 Sebastian Daily. All Rights Reserved. Sebastian Daily® is a registered trademark of Sebastian Daily, LLC.

No Result
View All Result
  • News
    • All News
    • Business
    • Community
    • Crime
    • Events
    • Food
    • Health
    • Health Inspections
    • Letters to the Editor
    • Restaurants
    • Schools
    • Traffic
  • Discover Sebastian
    • Indian River Lagoon
    • Moving to Sebastian, Florida
    • Sebastian Riverfront
    • Skydiving in Sebastian, Florida
    • Things to do in Sebastian, Florida
    • What’s it like living in Sebastian, Florida
    • 2024 Sebastian Business Awards
      • Best Pubs in Sebastian
      • Best Restaurants in Sebastian
    • 2023 Sebastian Business Awards
      • Best Bars in Sebastian
      • Best Diners in Sebastian
      • Best Music in Sebastian
      • Best Pizza in Sebastian
      • Best Pubs in Sebastian
      • Best Restaurants in Sebastian
      • Best Subs in Sebastian
      • Best Veterinarian in Sebastian
    • 2022 Sebastian Business Awards
      • Best Bars in Sebastian
      • Best Diners in Sebastian
      • Best Music in Sebastian
      • Best Pizza in Sebastian
      • Best Pubs in Sebastian
      • Best Restaurants in Sebastian
      • Best Sub Sandwiches in Sebastian
      • Best Veterinarians in Sebastian
      • Best Wings in Sebastian
  • Newsletter
  • Calendar
  • Fishing Report
  • Obituaries
  • Weather
  • Advertising

© 2025 Sebastian Daily. All Rights Reserved. Sebastian Daily® is a registered trademark of Sebastian Daily, LLC.