Former commissioner wins legal fees reimbursement from city

Citing “bad law,” Sarasota Vice Mayor Debbie Trice was the lone dissenting vote at Monday’s City Commission meeting on a motion to approve paying $10,285 in legal fees incurred by former Commissioner Erik Arroyo in defense of an ethics complaint brought by three residents in 2024.

The matter stems from Arroyo introducing a presentation to the commission regarding a proposed public-private partnership with Ride Entertainment Sarasota to activate Ken Thompson Park at City Island. The proposal called for the development of a park golf course, a zip line and an observation tower, among others, as well as developing a marketing strategy to increase the patronage of the park. 

The commission voted 3-2 to refer the proposal to the Parks, Recreation and Environmental Protection (PREP) Board for study.

Not known or disclosed at the time was Arroyo, an attorney, had previously agreed to act as a registered agent — effectively a mail drop and contact point — for the company. Once reported in the news media, it set into motion the complaint filed to the Florida Commission on Ethics. 

On March 12, 2025, the Commission on Ethics dismissed the complaints because of not being made based on the complainants' personal knowledge, the cited media reports regarded as third-party information. Because of Arroyo not being found guilty of wrongdoing, he requested reimbursement of attorney fees as entitled by Florida statute.

Retired City Attorney Robert Fournier told commissioners, left them with no other choice but to approve. Fournier led the discussion because at the time of the incident, he was serving as city attorney and possessed the most familiarity with the issue.

The Ken Thompson Park matter never came before the PREP Board, the principals of Ride Entertainment pulling the item from its agenda last year. No harm, no foul as it turned out, because had it come back before the City Commission, Arroyo would likely have been required to recuse himself from the proceedings.

Fournier explained the Commission on Ethics determined Arroyo did not misuse his public position because there was no evidence he would personally gain from introducing the agenda item.

“Even though the emeritus city attorney is saying the Florida statute requires us to reimburse, I consider that a bad law in this situation and I'm not going to vote to reimburse,” Trice said.

Bad or not, the law is the law, explained Fournier.

“I think if you just look at the bigger picture, not the circumstances of this unfortunate situation, the reason for the general rule makes sense because people would really think more than twice about serving if they thought that they could have allegations made that ultimately are unfounded, but are personally on the hook for whatever the cost it took to defend,” Fournier said. “That's the reason for the rule.”