MARINELAND – An emergency public meeting to discuss who would lead the town of Marineland — the smallest town in Florida with a population of 9, according to the most recent census — turned ugly Wednesday with multiple attorneys, members of the public and the new mayor attacking each other.
It all started when Gary Inks, the mayor of the town of Marineland, died over the weekend at the age of 79.
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His death was mourned by those who knew him, but it also sparked controversy about what comes next in the tiny coastal town that spans both St. Johns and Flagler counties.
Inks’ death left just one person on the town commission, Vice Mayor Douglas “Dewey” Dew. According to Flagler Live, the three-member commission already had a vacancy because of the forced resignation of Angela TenBroeck in February.
The meeting was called on Wednesday to talk about Mayor Inks’ death and for Dew to swear himself in as the next mayor, as the town law calls for.
But the meeting got tense when Dew moved to appoint Jessica Finch to replace him as vice mayor on the commission, against the advice of the town’s attorney, Dennis Bayer.
Finch, the former mayor of Welaka, said she just wants to help the town function. But Bayer questioned the legality of the move and objected when Dew attempted to swear Finch in without addressing him first.
“I have a question: As town attorney, are you gonna allow me to render my opinion? Or are you just gonna listen to your private attorney?” Bayer said.
Bayer was referring to Dew’s personal attorney, Rick Rumrell, who was in attendance.
“I don’t think you have the legal authority, and as I’ve requested several times this week, we need to get the opinion of the attorney general or some outside legal authority to render a decision on this matter. I don’t see the need to rush the decision,” Bayer said.
Flagler Live obtained a memo Bayer sent outlining his position.
“There is nothing in the charter that allows the mayor, acting without a quorum, to appoint a new commissioner,” he said.
Rumrell spoke in defense of the move, and Dew shot back, criticizing Bayer.
“I believe you’re acting in ill intentions, and you’re not acting in the best interest of the town. So we are here to enforce the charter, to be able to do what’s right in the town,” Dew said.
Dew later accused Bayer of wanting to “get rid of the town charter,” which would dissolve the town, an accusation that Bayer denied.
“If you think I’m not acting in the best interest of the town, I’ll certainly resign, or you can fire me, whatever the case may be. But I think you both are entirely incorrect, and you’re just not being truthful or factual on what’s happened,” Bayer said.
“If you decide to resign, that will be your choice,” Dew responded.
At one point during the meeting, Matanzas Riverkeeper Jen Lomberk, who was attending the meeting via Zoom, spoke up following an exchange.
“Just to be clear for the constituents listening in, so we’re taking the advice of your personal attorney, rather than the attorney for the town?” Lomberk asked.
“This isn’t the time for public comment,” Dew said.
“So y’all are allowed to swear in whoever you want without any public comment or comment from the city attorney?” community member Jordan Adams said over Zoom. “I mean, you guys need to answer this. It’s ridiculous, Dewey. Answer the questions.”
Dew continued despite the objections, and Finch was sworn in.
Both Lomberk and Adams spoke later during public comment and objected to the swearing in of Finch, backing the advice of Bayer.
“Y’all don’t make me feel the least bit welcome, but I’m not here for that. I am here because this town has to have someone else to operate, and that’s the only reason I’m here. It’s not because I want to take power,” Finch said, adding that she is a legal resident.
Flagler Live attended the meeting and got to the heart of the issue in its reporting: “The disagreement hinges on the meaning of one paragraph, and particularly one word: “officer,” which is not defined in the charter. Nor does the charter address the situation the town faced after the death of Inks – how to convene a commission meeting without a quorum, and how to appoint a new commissioner without a majority."
A special election is expected to elect a mayor in the future.
Dew sent a lengthy statement to News4JAX on Friday:
“First and foremost, I want to express my condolences once again to the family and friends of Mayor Gary Inks. His leadership and presence are deeply missed, and his passing has understandably created a moment of transition for our town.
At the start of the recent Town Commission meeting, I opened with a prayer for Mayor Gary Inks, for the people of Marineland, and for our shared future. My intention was to ground our work in a spirit of fellowship, mutual respect, and a collective commitment to run the town in accordance with both the law and the Town Charter. That moment of reflection was meant to remind us that we are stewards of something greater than ourselves.
In stepping into the role of Mayor, my sole intent has been to maintain stability and ensure that the essential functions of our local government continue without disruption. Recognizing the importance of a complete and effective commission, I took steps to fill the vacant seat. This decision was made in good faith and with the goal of preserving responsible governance.
I want to be clear: we are operating in full accordance with the Town Charter. As outlined on page 12, “The Mayor-Commissioner shall have the power to appoint persons to perform temporarily the duties of any disabled or suspended officer or employee of the Town of Marineland.” Pursuant to this authority, I have appointed Jessica Finch as Vice Mayor/City Commissioner to temporarily fulfill these duties and ensure the continuity of our town’s leadership.
The Charter further provides that, “The Commissioners shall appoint a Vice-Mayor-Commissioner to serve in all manners as the Mayor-Commissioner when the Mayor-Commissioner is not present or is prevented from functioning in his usual capacity.” These provisions guide our actions during transitional moments like this.
Additionally, under Section 11 (Elections) of the Charter, there are clearly defined procedures for maintaining proper representation and filling vacancies. The actions taken to preserve full Commission functionality are in accordance with those requirements.
Regarding concerns about the definition of an officer, and according to the Florida Constitution:
• AGO 74-232 (1974): A town council member is considered a public officer under Article II, Section 5(a) of the Florida Constitution.
With this research and the opinion from my personal attorney and consulting with another attorney that handles and represents these exact types of matters in other city/towns like our Town attorney. I am an officer under the Florida Constitution, and I have the absolute right to appoint under the Town Charter a temporary replacement for the vacancy due to the previous Mayor Gary Inks unfortunate passing. Vice Mayor and Town Commissioner Jessica Finch was then sworn in to be another town commissioner so the Town of Marineland could have a quorum. Therefore, we are running the town properly and in accordance with both the law and the Town Charter.
I am pleased and willing to meet with members of the media in person at a reasonable time to discuss this matter further.
Marineland is a gem of Northeast Florida. It is a place with a proud past and a promising future. We look forward to work and improve the Town of Marineland with the best interests of our residents, our partners, and the generations of visitors who continue to cherish this place.
Let’s protect what makes Marineland special and together let’s Make Marineland Great Again!"
