News

By Dan Moffett

    Embattled Commissioner Richard Lucibella has filed suit in Palm Beach County Circuit Court, seeking a temporary injunction and an emergency hearing to halt the recall movement against him.
    Lucibella, in a written response to residents calling for his removal, says he has no choice but to “challenge the hurtful and unwarranted allegations” that have grown out of his role in the ouster of Police Chief Chris Yannuzzi in January.
    “Elected officials should be allowed to carry out their official duties without fear of being threatened with false criminal charges and targeted for illegitimate recall, simply because he or she disagrees with the agenda of a few,” Lucibella wrote. “This recall attempt seeks to overturn our election process and our town’s system of government.”
    The suit names Ocean Ridge resident Haley Joyce, the leader of the recall group, as a defendant, along with Town Clerk Karen Hancsak and Palm Beach County Elections Supervisor Susan Bucher, whose offices have oversight over elections and recalls.
    “Lucibella’s response is unfortunately what everyone expected,” Joyce said. “Someone in his position should be willing to let the process go forward and let the people have their say.”
    She accuses the commissioner of trying to stall the recall movement until part-time residents go back to their homes up North and lose interest in what’s happening in Ocean Ridge.
    “He wants to push this into the hot summer,” she said, “but he’s lighting a fire under the individuals who are adamant about his ouster.”
    In March, Lucibella’s opponents submitted petitions to elections officials with the required number of signatures to start the legal removal process in earnest. In his suit, filed by Fort Lauderdale lawyer Sidney Calloway, the commissioner challenges the validity of the petitions and paperwork, saying the documents are “legally insufficient,” error-filled and improperly written.
    Joyce disputes the claims and says she has worked with officials at the U.S. Department of Justice to ensure the documents were correctly written and filed.
    “This makes him look desperate and angry,” she said of Lucibella. “It is a reflection of his character and typical of what we don’t need in Ocean Ridge.”
    In their petitions, the recall organizers charge Lucibella with malfeasance over what they believe was the harassment and intimidation of Yannuzzi, who had a long-running feud with the commissioner over beach security. They also charge that Lucibella violated the state’s Sunshine Law in orchestrating a campaign to undermine the police chief.
    Lucibella, who was elected to the Town Commission a year ago and has two years left in his term, has repeatedly denied the group’s allegations, and he says his recall would unnecessarily burden taxpayers and set a dangerous precedent for governance in the town.
    “It will cost Ocean Ridge taxpayers tens of thousands in election and legal fees,” he says. “Current and future commissioners will face similar threats of recall, personal attack and libel, should they fail to please a few vocal residents.”
    Only a few recall drives have been successful in Florida in recent decades, according to elections officials, and those have involved officeholders who have committed serious crimes. Typically, the movements either run out of steam or the targeted official agrees to resign before a special election occurs.
    Unless the courts intervene, Ocean Ridge organizers will have roughly until the end of May to submit petitions with the 225 signatures needed to satisfy the second phase of the process. After those are validated, elections officials would then call a special election with an up or down vote on Lucibella’s fate.
    “I’m absolutely sure we’ll get the 225,” Joyce said. “My goal is to get 300 so that Lucibella has to ask himself, ‘Can I get 301? And is it really worth it?’ ”