By Sheila Mullane Estrada
Times Correspondent
ST. PETE BEACH — A current city commissioner and a former mayor are suing the local American Legion Post 305 for thousands of dollars in damages.
The 12-count complaint alleges breach of contract, defamation, negligence, and unfair trade practices by the Legion and by Tom de Yampert, a member of the post’s executive board.
The lawsuit was filed several weeks ago by Mike Finnerty, a former St. Pete Beach mayor and Legion post commander, and his wife, Terri Finnerty, a city commissioner.
“We are fighting for our reputation to be reinstated,” Terri Finnerty said.
The dispute between the post and the Finnertys began about a year ago and quickly escalated when the Legion executive board began formal proceedings on theft allegations.
The Legion charges against Mike Finnerty included both “misappropriation of funds” and “conduct unbecoming an officer.”
At the time, Mike Finnerty was the post commander and Terri Finnerty was the post’s lounge manager.
De Yampert was one of the executive board members who signed the Legion charges against Mike Finnerty, and joined in authorizing the firing of Terri Finnerty, and the referral to the Pinellas County Sheriff’s Office for criminal investigation.
Both were (and still are) barred from their clubhouse on Gulf Boulevard and she was fired from her contract position.
After the hearing, the Legion opted not to hold a formal trial and, instead, debated seeking a forensic audit of its accounts.
The Finnertys’ lawyer repeatedly threatened a lawsuit if the couple were not reinstated and the charges cleared.
So far, the couple says they have spent “five figures” defending themselves and say they are prepared to spend more.
Attorney Chris Sierra, who represents the Finnertys, writes in the lawsuit that de Yampert “resented the new leadership (Finnerty’s election as commander in 2016) and embarked on a malicious and self-interested campaign to publicly disparage defame and oust the Finnertys from Post 305.”
The lawsuit also claims de Yampert formed a “conspiracy to falsely accuse” the Finnertys of criminal activity and held a number of clandestine meetings with other Legion members to manufacture charges against the couple.
The Legion post, as an organization, joined in de Yampert’s actions, according to the lawsuit, and therefore also defamed the couple by suggesting they committed “one or more criminal offenses amounting to a felony”.
De Yampert could not be reached for comment and inquiries were referred to Patricia Anderson, attorney for him and the post.
“Their accusations against Tom and the Post are flatly inaccurate.” she said. “The members of the Legion acted in good faith at all times.”
Anderson described the Finnertys’ legal arguments as “innovative,” adding that she plans to respond to the suit with an “equally wide ranging and informative” argument.
Meanwhile an investigation by the Pinellas County Sheriff’s Office into the Post’s allegations that the Finnertys had stolen about $37,000 has yet to prove or disprove the charges.
“They never found anything wrong,” Terri Finnerty said. “The only thing we did was make that place better than when we went in.”
Officially, the investigation is listed as “suspended, inactive,” but Cpl. Dan DiFrancesco said that terminology is used for cases that take a lot of time to complete.
“It is not done. The case is still open and is being actively investigated,” DiFrancesco said Tuesday.