Although never named in presentation by Commissioner Battie, Franklin’s name appears in minutes
Twelfth Judicial Circuit Judge Stephen Walker has given the City of Sarasota 60 days from Nov. 17 to respond to a petition that Laurel Park resident Kelly Franklin filed on Nov. 10, asking the court to order the city to correct the minutes of its Jan. 16, 2024 regular meeting.
As The Sarasota News Leader has reported, during a presentation that was listed on the agenda for that meeting as a discussion about civility, respect and rhetoric, Commissioner Kyle Battie accused Franklin of creating a racist Facebook post that was directed at him and Tanya Borysiewicz,, co-owner of the Corona Cigar Co. in downtown Sarasota.
Although Battie held up a copy of the alleged Facebook post as he decried it, he never mentioned Franklin’s name. She later emailed all of the city commissioners to let them know that she had not produced the post.
Instead, Franklin pointed out that it appeared to be a “mash-up” of a post she had placed on her personal Facebook page, featuring photos of gorillas that she had taken herself on a trip to Rwanda, and a post showing a photo of Battie, as mayor, celebrating the formal opening of the Corona Cigar Co. on Lemon Avenue in downtown Sarasota. That photo included the business’ owners, one of whom is half African American, according to Battie.
Yet, the minutes of the Jan. 16, 2024 City Commission meeting did identify Franklin in connection with that discussion.
In her Nov. 10 court filing of what is formally called a Petition for Writ of Mandamus, Franklin cited both a state law and Robert’s Rules of Order in calling for the minutes to be corrected by omitting her name.
Judge Walker wrote in his Nov. 17 order, “The Court finds the Petition sets forth a facially sufficient petition for writ of mandamus and shall, therefore, issue an alternative writ ordering [the city] to show cause why the requested relief should not be granted.”
Franklin also pointed out in her petition that she had “made numerous requests — written and oral — for correction of the minutes over a five-month period,” as shown in an attached exhibit. While city leaders had acknowledged those communications, she added, no one had acted on them.
Walker noted that assertion in his order, as well.
Franklin wrote in her petition, “Outside procedural experts have advised that correction of minutes under Robert’s Rules is mandatory once inaccuracies are identified.”
She also explained, “Mandamus compels a government entity to perform a ministerial duty where the petitioner has a clear legal right and no adequate alternative remedy.” She cited a 1970 Florida Supreme Court ruling, in State ex rel. Haft v. Adams.
In this situation, Franklin wrote, “Judicial intervention is necessary to compel [the City Commission’s] performance of its statutory and procedural obligations.”
In his Nov. 17 order, Judge Walker noted that the city was served with a copy of Franklin’s petition on Nov. 12.
During the regular City Commission meeting conducted on Nov. 17, City Attorney Joe Polzak told the board members that he likely would ask during their Dec. 1 meeting that they approve the scheduling of two discussions related to litigation, which can be held privately, in accord with state law.
He did not cite either case when he made the comment.