ST. PETE BEACH — The local American Legion post is suing City Commissioner Terri Finnerty, accusing her of “conversion,” a civil law version of theft, and her husband, former mayor Mike Finnerty, is being accused of failing to safeguard American Legion Post 305 finances.
At issue in this latest legal filing is whether or not Mike Finnerty, the Legion post’s former commander, and Terri, who was the post’s lounge manager, properly operated and managed the post and its finances.
The allegations were made last week by the Legion post in their counter to a lawsuit filed several months ago by the Finnertys against the veteran’s organization.
The Finnertys are alleging the Legion has damaged their reputations in a dispute that started about two years ago.
The couple accuse the Legion post and a board member, Tom de Yampert, of breach of contract, defamation, negligence and unfair trade practices.
De Yampert could not be reached for comment, but the Legion post’s attorney, Pat Anderson, said the allegations against the Finnertys center on “self-dealing, incompetence, and brazenness.”
When reached Tuesday, Terri Finnerty refused to comment on the matter, saying only that she was unhappy with previous Tampa Bay Times coverage that she said was “slanted” against her and her husband.
Previously, she said all she and her husband had tried to do was “make that place better” by eliminating rodent infestations, refinishing a dance floor, improving safety conditions, and attracting new members.
Post officials began investigating the Finnertys last year after allegations were made that $37,000 in revenue from bingo machines appeared to be missing.
That alleged missing money is the basis of the new allegations against the Finnertys.
In their lawsuit, the Finnertys vigorously defended themselves against accusations that were never resolved internally.
She was fired from her part-time job as the post’s lounge manager and he was eventually ousted as the post’s commander.
At one point, both were barred from entering the post premises.
The new charges made against the Finnertys were filed in Circuit Court by the post’s attorney last week as part of a response to the Finnerty’s lawsuit.
The Legion claims both Finnertys breached their fiduciary duty.
Among the specific allegations against Mike Finnerty are: “failing to exercise supervisory control of his wife;” refusing to audit the post’s books; trying to thwart an investigation into financial irregularities; and “failing to conduct himself in a dignified, sober and prudent fashion.”
Terri Finnerty allegedly failed to deposit proceeds from the bingo machines; failed to obtain or keep receipts for cash payments to individuals or vendors; paid weekly cash to herself; failed to file required bingo income and expenses with regulatory agencies; and used post credit cards for personal purchases.
According to the Legion’s countersuit, she used the cash from the bingo machines “as her own personal slush fund.”
Both sides are seeking damages.