By Kat Leslie
The long-standing crisis in Florida has reached a dramatic conclusion with the conviction of Mayor Harter, who has been found guilty of acting arbitrarily, capriciously, and without any legal basis. This verdict marks a significant step towards justice in a case that has captivated the local community and exposed deep-seated corruption within the village administration.
In the midst of the not-so-cheering news that has been coming from the village of Florida for quite a while (Leslie K. (2023, September 27, p.5) Santa Florida: Legal Saga Continues),(Leslie K. (December 8, 2023, p.5 (Corruption Unveiled: Mayor Harter And Attorney Cassidy Face New Allegations Of Misconduct), the recent issue of the Warwick Advertiser with a picture of the mayor on the cover seemed like a bright beacon of hope that things were turning around, and one day, eventually, hopefully, might even be good.
For that brief moment, it seemed like this very casual piece of feel-good news (the warm bath kind that makes you smile) would allow us to forget about the recent scandal surrounding the village administration, with the mayor at the center of it. The caption under the photo read: “Mayor Daniel Harter Jr., with a snapping turtle. Photo courtesy of the village of Florida.” Aww, how adorable and cute! And isn’t he tall and handsome too? Just look at the twinkle in the turtle’s eye and the way the girl, one hopes, is gasping for air in the tight embrace of our affectionate mayor. It almost made me proud of our choice and gave me a warm fuzzy feeling seeing my tax dollars at work.
Excitement, however, was short-lived as, on the heels of this cheerful display of positivity, came another, more substantial news reflecting the state of the village more accurately: the judge’s decision awaited by both sides of the conflict surrounding actions of Daniel Harter Jr., circumstances of his legal defense, and the costs associated with it that were quickly voted by the board to be borne by the taxpayers.
The verdict was in. Supreme Court Judge Timothy P. McElduff, Jr. rejected an illegal attempt by Village of Florida Mayor, Daniel Harter, Jr., to open a Village Street that was closed for emergency access for years. In a Judgment issued on July 1, 2024, the Supreme Court for the County of Orange ruled that Florida Mayor Harter’s ‘removal of the chain and change of emergency only access restrictions was clearly arbitrary, capricious and without any basis in law”. Supreme Court Judge McElduff also directed the Village Mayor and Village Board to “immediately restore or replace said chain and emergency-access-only restriction of record”.
The Citizens-Advocates who challenged the Mayor successfully, Aaron Ubides and Heather Ubides, expressed great appreciation for the Court in protecting rights of Village Residents from lawless actions by Mayor Harter. Plaintiff Aaron Ubides stated, “We have the highest respect for the American Judicial System and Judge McElduff who saw what was wrong and made it right”. Heather Ubides added, “As concerned citizens we brought this blatant abuse of power, which greatly affects all Village Taxpayers, to the Court and we are most pleased that a distinguished Justice such as Judge McElduff, saw this municipal misconduct and made things right”.
The successful Attorney for the Ubides Family, Dennis Lynch, Esq., remarked, “This Mayor’s abuse of power was wrong and this Court so determined it was unlawful. Being elected a Village Mayor does not mean being selected as the Village Dictator. This Court has now made that clear to Mayor Harter. Sadly, it was a lesson this Mayor learned at the expense of all Village taxpayers”.
The judge’s decision granted/rendered on July 1st, got prompt reaction from bright minds in the village administration. In response to the court’s decision, the Village of Florida issued a statement expressing disappointment but acknowledging the ruling. Further, the village board did not waste any time trying to circumvent judges decision, and sneak an undisclosed item of the agenda for a vote onto a scheduled July 3rd public meeting, breaking in a process one of the fundamental principles of The Open Meeting Law.
If a meeting is scheduled at least a week in advance, notice must be given to the public and the news media not less than 72 hours prior to the meeting. In case of emergency it should have been posted online 24 hours prior for the public to see as required by the Open Meetings Law.
Christen Smith, Senior Attorney at NYS Committee on Open Government at The Department of State in Albany, who was reached out for a consultation, offered laconic opinion on the board’s actions: It is illegal!
It is a disservice to the public for village board members to be discussing an item that the public has not been able to review. It is unfortunate that not a single board member took the time to question legality and the reason behind the decision-making process.
The village board has voted to authorize its consultants to take necessary steps to modify Ferris and Kyle Drive, ensuring they can be reopened “for the safety and well-being of all residents”. This move, however, raises concerns about further legal and financial waste, as the village appears to be seeking ways to circumvent the judge’s decision and continue accommodating Mayor Harter’s ego. Just like before, Mayor Harter’s illegal conduct was shielded by his cohabitating girlfriend and board member Alyssa Werner, and defended by the village attorney, Elizabeth Cassidy, whose bid for the office of Warwick Town Judge was fervently supported by Harter.
The trio is not only holding hands on the red carpet but also seemed engaged in a mutual back-scratching arrangement at the expense of taxpayers. Harter’s support for Cassidy’s judicial bid, Werner’s vote to use village funds to defend Harter, and the payments to Cassidy for legal hours billed exemplify the depth of their collusion.
Despite the clear-cut nature of the case, by Cassidy’s own admission, it took nearly $20,000 of taxpayers’ money to defend Mayor Harter’s illegal actions. Cassidy, however, did not specify whether this amount included any outside third-party costs that could potentially increase that amount substantially. The potential cost of engineering also remains undisclosed.
The restoration of the emergency-only access on Ferris and Kyle Drive is expected to take approximately two weeks, according to the issued statement—a stark contrast to the single afternoon it took for Mayor Harter to illegally open the street.
The accusations of inappropriate, unethical conduct swirling around the mayor and the trustee on the village board living together do not stop there. The fact that other members of Harter’s family are employed and under direct supervision of the mayor has many questioning potential violation of ethics and legal standards. Both his father and uncle currently are active police officers with the Florida Police Department.
There has been growing discontent among the citizens of Florida over Mayor Harter’s questionable use of public funds. One Florida resident had this perspective to offer: “ When taxpayers’ monies are spent outside of caring for the needs of the community, it is no longer taxes. It is a form of alimony that we all collectively pay. Our community is being forced to support an administration that acts more like a burden than a benefit.” The notion of the mayor as a “recipient of civic welfare” is a biting critique, highlighting the perceived inversion of roles where the leader, meant to serve the public, is seen as a drain on the community’s resources.
However, despite the growing number of people calling for Harter’s resignation reaching, if not surpassing, those asking for President Biden to step down, the mayor is not budging. When Dan Harter Jr. is not busy wrangling runaway turtles, wasting taxpayers’ money, or disrupting public meetings in another municipality, he actively engages in arguments on social media with people calling him to order. Here’s how one of the attendees described Harter’s behavior at the recent Warwick Planning Board meeting:
“So I just got home from the board meeting about the “campground” in town of Warwick and surprise surprise half the people causing an uproar in local Facebook groups did not show up. Just like any other meeting. But the people who did show up were village of Florida residents led by the completely inappropriate mayor Daniel Harter Jr. and they did absolutely nothing except cause a ruckus, shout, and continue to be loud and obnoxious out in the hallway after they exited the room at the end of the session they came to hear. Less than 10 people signed up to speak one being the Mayors father. Mayor Harter should be completely ashamed of himself and step down as mayor for again using his mayoral position inappropriately for personal gain, (after he just lost a lawsuit in Florida for a gross overstepping of power) [sic].”
It is most unfortunate, that the mayor Harter’s tenure has been marked by a disregard for legal protocols and the well-being of the community, leading to the current state of disarray. As the village grapples with the fallout of Mayor Harter’s administration, the focus now shifts to rebuilding trust and ensuring that such abuses of power are not repeated. The community’s resilience and demand for accountability stand as a testament to the enduring strength of democratic principles, even in the face of corruption.
Residents of the village of Florida, Aaron and Heather Ubides, offered this statement, “We look forward to this Street being returned to the safe and quiet road it was before Mayor Harter’s illegal actions. We hope more taxpayers’ hard earned money is not spent on any more frivolous defense of the now Court-determined defenseless actions of Mayor Harter”.
