Delray Beach DDA board member removed after lying about his business address

DELRAY BEACH — City commissioners voted 4-1 Tuesday to remove Delray Beach Downtown Development Authority board member Richard Burgess for lying about the address of his business for appointment to the panel.

All commissioners but Deputy Vice Mayor Rob Long voted to remove Burgess from the influential seven-member DDA Board. Long, minutes ahead of the vote, cited concerns over the language from House Bill 299 — the bill that created the DDA in 1971. In it, Long said, the criteria for removal from the board include willful neglect of duty, incompetence or unfitness to perform his or her duty, and conviction of an offense.

Burgess, who has been on the board for a year, has previously admitted that he did not operate a business in the downtown business district. City Attorney Lynn Gelin said that admittance did not count as a conviction. Therefore, Long said, his consideration for removal was putting the city’s commission in unchartered waters.

“If we do vote to remove, I believe we're walking into a lawsuit,” Long said. Burgess, he said, didn’t meet the criteria for removal, as stated in House Bill 299. His removal, Long also said, would set a precedent that the commission can remove DDA members over issues not explicitly stated in the rules.

“I think it’s a dangerous precedent,” Long said. “And, I do think we’re throwing gas on the fire of an already very politically divisive issue in the city.”

Long instead suggested using the forum to reprimand Burgess.

In early March, Burgess was reprimanded by the Palm Beach County Commission on Ethics. The commission, in its letter of reprimand, cited “clear and convincing evidence” that Burgess falsified his application to be appointed to the board by listing a business address within DDA territory.

At the time, Burgess was seeking a position on the DDA that would require him to be a businessman with a company in that area.

“Any violation of the Palm Beach County Code of Ethics contributes to the erosion of public confidence and confirms the opinion of those who believe the worst about local government and public officials and employees,” the ethics commission said in its reprimand.

Burgess, in an effort “to avoid the expense and time of litigation,” agreed to accept the March 7 reprimand, per documents released by the ethics commission.

The DDA, an agency meant to support and enhance the neighborhoods, is backed by a special tax imposed on downtown businesses. Its fiscal 2024 budget was more than $1.7 million. It is funded by a special tax levy on properties within its district boundaries.

Burgess attorney: Client's removal from board a 'hit job'

Daniel Rose, Burgess’ attorney, stood before the commission Tuesday evening, calling his client’s removal a “hit job” and a “witch hunt.”

Burgess owns an auto repair shop, Dealers Pro Choice Charters, at 475 Southeast First Ave., which is outside of the downtown district. His DDA application, though, said he operated a business at 110 E. Atlantic Ave., a 50,000-square foot office building owned by Menin Development downtown. An agent for Menin reported that Burgess has never leased space there, according to the ethics board.

When Burgess applied to be on the board, Rose said, he was in the process of relocating his corporation, Dealers Pro Choice Charters, to 301 W. Atlantic Ave. It was a financial decision, and Burgess kept the city clerk informed about the situation at all times, Rose said.

The Downtown District is made-up of six neighborhoods including The Ave, The Set (West Atlantic), Pineapple Grove Arts District, Beachside, SOFA (South of Atlantic) and U.S. 1.

Rose also said Burgess has rubbed some people the wrong way politically because he is an advocate for the lack of programming in the northwest and southwest neighborhoods of Delray Beach.

Some residents backed Rose’s comments, speaking in support of Burgess, despite his falsifying of his business address. Others echoed comments made by the ethics commission, calling Burgess dishonest and pushing for his removal.

'Dishonesty should not be rewarded'

Ron Platt, of Delray Beach, sided with the ethics commission.

“I don't think dishonesty should be rewarded,” Platt said. “To me, that was the case here. What more can you say? The man acknowledged that he violated the code of ethics.”

Burgess has the right to appeal the commission’s decision to remove him to the circuit court.

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Jasmine Fernández is a journalist covering Delray Beach and Boca Raton for The Palm Beach Post. You can reach her at jfernandez@pbpost.com and follow her on X (formerly Twitter) at @jasminefernandz. Help support our work. Subscribe today.

This article originally appeared on Palm Beach Post: Delray Beach DDA Board member removed after falsifying address