Thursday, Mar. 05, 2009

Atlantic Beach mayor files federal lawsuit over town hall arrest

The mayor of Atlantic Beach filed a lawsuit in federal court this week that alleges her recent trespassing arrest at town hall was intended to prevent her from uncovering a larger conspiracy among most of the town's appointed officials.

"Defendants and cronies and co-conspirators of theirs had for years engaged in activities they do not wish to be brought to light," according to the complaint filed Monday by Mayor Retha Pierce, "including unethical, dishonest and illegal behavior that worked to their benefit and the detriment of the town citizens."

Pierce named Town Manager Kenneth McIver, Town Councilwoman Charlene Taylor, Town Clerk Cheryl Pereira, Police Chief Randy Rizzo and former Town Manager Charles Williams in the lawsuit, which was served Wednesday at town hall.

Several of the defendants declined to discuss the case, while others denied Pierce's charges.

The lawsuit asserts that the conspiracy originally sought to keep her out of office. Once she was elected, Pierce's lawsuit alleges she intended to conduct an audit of the town government, but the defendants tried to prevent it by denying her office space in town hall - leading to the Jan. 28 confrontation and her arrest on a trespassing charge from town hall.

"They determined to overthrow the duly elected government and stage a coup," according to the lawsuit. Pierce could not be reached Wednesday to elaborate.

Taylor stopped by town hall late Wednesday but declined to discuss the specifics of the lawsuit, saying she had forwarded it to Town Attorney Steve Benjamin of Columbia.

"This didn't happen the way she said it happened," Taylor said.

Williams said he was unaware that the lawsuit had been filed but hopes a judge will "throw this nonsense out." After the Atlantic Beach Town Council rejected his recovery plan, he resigned by Dec. 1 - two months before her arrest, he pointed out.

"I just don't think Atlantic Beach has much of a future while Retha Pierce is involved," Williams said.

"I just think it's sad. I hope the rest of the people on the Grand Strand realize the town still has potential, in spite of Retha Pierce."

McIver, whom Town Council appointed this week to serve two years as the town's manager, declined to discuss the lawsuit. Pereira also declined, and Rizzo could not be reached.

Pierce's attorney on the lawsuit is William Gary White of Columbia, who previously represented the Atlantic Beach CME Mission Church beginning in 2004 in a series of suits against the town and former Town Manager Carolyn Montgomery.