A state ethics commission levied $2,500 in fines, a public reprimand and censure against Islamorada Councilman Henry Rosenthal following an investigation, which found probable cause he violated the Florida Constitution and state statute by using his position in office to obtain a disproportionate benefit.
Marian Lambeth, investigator for the state ethics commission, conducted a preliminary investigation into the complaint against Rosenthal. In her report, she states Rosenthal tried to manipulate the village zoning process by requesting the planning director poll the council to see if fellow members would be receptive to a rezoning request.
Rosenthal was seeking to purchase the Island Community Church property at MM 83.2 last year in hopes of bringing an entertainment venue with live theatrical performances to the property, which was once home to the Cinemorada Theater. Rosenthal also wanted to serve finger foods, rent office or storage space and construct a caretaker’s quarters.
The sale between Rosenthal and the church fell through as the village’s top planning position underwent change.
Melody Hadley, assistant attorney general and advocate for the ethics commission, told ethics commission members during an April 19 meeting Rosenthal “readily admitted the violations set forth in the report of investigation as to the allegations.”
Rosenthal, who was elected to village office in 2020 and again in 2022, told Keys Weekly that the case was “bogus” from start to finish. Rosenthal, who maintains he never asked the planning director to poll the council, also said he was never attempting to change the zoning at the church. Rather, he was seeking to add theater as an allowable use under the church’s public service zoning.
“I agreed to make it go away. I wasn’t necessarily agreeing with the complaint,” he told Keys Weekly. “For me to get involved in a long legal battle, it didn’t make sense. The most important thing was to resolve this.”
CASE KICKS OFF WITH A COMPLAINT
During a July 17 meeting, former councilwoman Deb Gillis announced her intentions to file an ethics complaint against Rosenthal, claiming he was “commingling his role as councilman for personal gain.” Council members were mulling the future of then-manager Ted Yates during the special meeting. By a 3-2 vote, the council decided to move on from Yates. Rosenthal, Vice Mayor Sharon Mahoney and councilwoman Elizabeth Jolin voted against renewing Yates for another year. Mayor Buddy Pinder and councilman Mark Gregg voted to keep Yates.
Rosenthal denied efforts to fire or not renew Yates as a result of his decision to fire Dan Gulizio on May 30. Yates, at the July 17 meeting, said he believed comments by Rosenthal to him weeks before Gulizio’s termination were indeed a threat to his job.
Gillis, in her complaint, alleged Rosenthal threatened Yates’ job for failing to move the zoning change along following Gulizio’s termination.
Rosenthal told Keys Weekly his decision not to renew Yates had nothing to do with Gulizio’s firing.
On July 21, 2023, the ethics commission received the complaint from Gillis, who was one of five candidates who filed for the village’s seat 5 in the 2022 election. Rosenthal edged Gillis by five votes once absentee ballots were tabulated.
COMPLAINT PROCEEDS TO INVESTIGATION
By September 2023, the ethics commission’s executive director, Kerrie Stillman, ordered an investigation into Gillis’ complaint. On Nov. 21, 2023, a report detailing the investigation was sent to the ethics commission, Rosenthal and Hadley, advocate for the ethics commission who reviewed the case. By December 2023, Hadley issued a recommendation to the ethics commission, finding probable cause to believe Rosenthal violated the Florida Constitution and state statute for using his position as a councilman to benefit himself.
“Respondent did attempt to manipulate the zoning process by requesting that (planning director Jennifer) DeBoisbriand poll the council members to determine if they were receptive to rezoning the property in order to fulfill his quest to open a theater,” read Hadley’s recommendation. “Respondent’s desperation to purchase the property and the zoning change by a date is evident by his actions.”
The report states Rosenthal signed a contract to purchase the church property on Jan. 3, 2023. Rosenthal sought an avenue for his entertainment venue at the church property. He was advised by Yates and Gulizio to go through the amendment process by first submitting an application.
Rosenthal was told the process, which needed council approval, would take six months. The Island Community Church board approved a six-month extension of the contract to allow for the process. Rosenthal proceeded to work with Gulizio on the change.
On May 30, Gulizio was fired by Yates. At the time, Rosenthal’s real estate contract extension was reaching the end, so he called DeBoisbriand, who succeeded Gulizio, for a meeting around June 20. According to the investigative report, DeBoisbriand was handed a document prepared by Gulizio adding restaurants of less than 1,500 square feet, warehouse and theater to allowable uses under the public and semi-public services zoning district. DeBoisbriand said there was a process related to such changes. She told Rosenthal the request needed a text amendment and zoning change.
Three days after the meeting, Rosenthal and his real estate agent met again with DeBoisbriand to discuss a timeline for the rezoning process, which DeBoisbriand said would take six to eight weeks. DeBoisbriand stated Rosenthal, during their meeting, said Gulizio planned to poll the council regarding his request.
“She said she asked (Rosenthal) if he was asking her to encourage other council members to approve his proposed zoning change,” the report says. “Ms. DeBoisbriand stated when (Rosenthal) replied to her in the affirmative, she said nothing further, asked if they were done, and went directly to speak to village manager Yates.”
DeBoisbriand never proceeded to poll the council, per the report.
“While it is alleged that (Rosenthal) conspired with staff, the general consensus is that the staff did nothing out of bounds for their positions,” the investigative report states.
Rosenthal reiterated to Keys Weekly that he wasn’t seeking a zoning change for the church property, as Gulizio drafted a proposal for theater as an allowable use under the public services zoning. Rosenthal said he mentioned Gulizio’s intentions to DeBoisbriand in a meeting. Rosenthal said DeBoisbriand told him it could be done.
“I didn’t instruct her,” he said, adding he went through several hours of Sunshine Law training and knew what he could and couldn’t do. “I know enough that I can’t instruct any member of staff to do anything. I didn’t do that.”
According to the investigative report, Gulizio said his meetings with Rosenthal weren’t covert or secretive. He also mentioned at no time did Rosenthal pressure him to circumvent the process, nor was he asked to discuss the request with other council members.
Rosenthal added he was never intending to bring a full-blown restaurant to complement the entertainment venue at the former theater property. He was seeking to have finger foods, and he was also looking into acquiring a liquor license.
Rosenthal said he’s unsure whether he’ll run for office this November. But he believes his record can stand up to “absolutely anybody.”
“I know I didn’t do anything wrong,” Rosenthal told the Keys Weekly. “The language in the complaint … more than one person contributed to that complaint. I’m able to identify those people by language in that complaint. It’s quite obvious to me the motivation.”
