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Facts about
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Actions by Commissioner Harding |
Statements of Fact |
MALFEASANCE: |
Unethical or illegal actions including cases that cause physical harm to another person. It is willful dishonesty, illegality, or knowingly exceeding authority for improper reasons. |
Ran for and accepted City Commission seat while a resident of Michigan. |
Maintained his legal domicile in Saline, Michigan, from 1997 on (he may or may not have "changed" his residence when caught in 2023). |
Commissioner Harding's condo and his residence:
People are asking, Has Commissioner Harding ever spent 180 days or more in Key Colony Beach in any given year? |
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Refused to allow the referendum vote to go forward, knowingly thwarting the will of the people. |
Turner_Petition_Letter and City Clerk Memo 09-19-2023 September 21, 2023, City Commission Meeting Agenda August 18, 2023, Special Secret Meeting Transcript October 19, 2023, Special Secret Meeting Transcript |
Commingled funds from the building department with the general fund. |
In "More Problems arise for KCB," the Florida Keys Free Press found "The city's code and building departments are ramping up fines and penalties... Commissioner Tom Harding, who is also KCB's Secretary/Treasurer in charge of the city budget, said by phone that excess building department revenue has been traditionally rolled over to the following year to pay other city expenses... Per Florida law, that can't be done..." Florida Statutes 553.80 states that these fees "shall be used solely for carrying out the local government's responsibilities in enforcing the Florida Building Code." The statute makes it clear that building department fees can be used for no other purposes. The Florida Attorney General's opinion confirms that "a surplus of fees after defraying the costs of inspections and enforcement may actually constitute an unauthorized and unlawful tax in violation of the Florida Constitution." |
Favored, voted for, and supported illegal acts including false statements and perjury by city officials. |
Former city administrator "stated he is the city administrator and is licensed as a contractor, project manager, building official, building inspector, fire official and fire inspector." Former city code officer perjured himself in DOAH hearings. (transcript to come) |
MISFEASANCE: |
The improper performance of an act that a person may lawfully do, resulting in harm or damage. It involves legal action, but it's done inappropriately, unlawfully, or negligently, leading to someone else's detriment or injury. |
Against the will of the people, voted not to seek quotes to repair city hall. |
April 20, 2023, City Commission Regular Meeting Minutes Adopted Item 12b. May 18, 2023, City Commission Regular Meeting Minutes Adopted Item 8e. |
Fiscal impropriety: Skewed the data to account for scandalous raise for former city administrator. |
Advocated and approved a 28% retroactive raise for a total 60% increase in two years. September 7, 2023, First Budget Public Hearing Packet September 7, 2023, First Budget Public Hearing minutes Item 5b. |
Fiscal impropriety: Approved warrants that do not reflect the city spending already drawn from each fund or account. |
The KCB warrants are not negotiable instruments nor do they constitute new debt. KCB warrants are simply the prescribed means for drawing money from the treasury for city spending. The warrant should be prepared from the bank statements and must reflect the amounts to be drawn from each fund or account. |