Once again we open the pages to a new era, one that started out with good intentions, but later turned out to become a misuse of power while in office to enforce the will of a select few upon the many family and business owners. Some may say it was needed to clean up mayport road,while others cry foul. Has the Mayor over stepped his authority to use another agency to declare marshal law upon mayport business owners Mayor meserves plan to bully not only business but homeowners as well. 150 violations thus far for which only a police officer who writes traffic tickets can attest to. If the mayor tried this in the up scale communities along seminole road he may have been tar and feathered out of office. Mayor meserve has already violated his aggreement not to use the back gate of fleet landing as a drive through in residental area yet he continues to ignore selva marina requests.
As mayor, Meserve serves as the chief executive officer of the municipality.He supervises town employees and executes the directives of town council,the legislative body.
The Division of Administrative Hearings has jurisdiction in this proceeding, pursuant to Section 120.57(1), F.S. and Florida Commission on Ethics rule 34-5.010, F.A.C. 14. Section 112.313(6), F.S. provides: (6) MISUSE OF PUBLIC POSITION.--No public officer or employee of an agency shall corruptly use or attempt to use his official position or any property or resource which may be within his trust, or perform his official duties, to secure a special privilege, benefit, or exemption for himself or others. This section shall not be construed to conflict with s. 104.31. "Corruptly" is defined in Section 112.312(7), F.S. as: . . . done with a wrongful intent and for the purpose of obtaining, or compensating or receiving compensation for, any benefit resulting from some act or omission of a public servant which is inconsistent with the proper performance of his
public duties.
as Mayor John Meserve is a public officer as defined in
Section 112.313(1), F.S.
Declaring marshal law using private parties outside
another agency may well be inconsistent with a mayor's
public duties. Unfortunately, a small number of
officers misuse their authority while in office.
U.S. Attorney Acosta stated,
“When an agent, a police officer, or any one at any level
of law enforcement uses his/her position to abuse those
in the Community, the U.S. Attorney’s Office will move
swiftly and forcefully to bring justice to those aggrieved.
A law enforcement badge is a privilege; we will not
tolerate its misuse as a key to assert power or unlawful
force over those in the community