Joseph Cranney , joey.cranney@naplesnews.com; 239-213-6035Published 3:07 p.m. ET May 24, 2017 | Updated 7:42 p.m. ET May 25, 2017
The Collier County chapter of the NAACP filed a complaint with The Florida Bar against Naples Councilman Sam Saad, alleging Saad violated the bar's ethics rules when he voted to approve a redevelopment project in the city's poor black neighborhood.
Saad's legal work for the real estate investment group selling the land for the project caused a conflict of interest, the NAACP alleges in the four-page complaint mailed Monday.
The complaint cites Naples Daily News reporting from last year. Saad’s law firm did legal work for the New York-based Axonic Capital real estate group before and after he voted to approve Axonic’s agreement to sell a commercial property to 7-Eleven, the Daily News reported.
“The NAACP of Collier County compelling (sic) suggest that Mr. Saad should have recused himself from voting on this issue because he personally gained due to his business relationships, law practice and real estate company investments,” Vincent Keeys, the local NAACP president, wrote in the group’s complaint.
Saad emailed a statement Tuesday denying that he violated any ethics rules.
“I have not violated any ethics laws, Bar rules or any other laws in my actions on City Council,” he said. “I look forward to a swift resolution to all of these issues.”
Anyone may file a complaint with The Florida Bar against licensed lawyers. The Florida Supreme Court may rule on cases in which the agency agrees to investigate. Penalties for violations of Bar ethics rules could include a reprimand, suspension or disbarment, spokeswoman Karen Kirksey said.
Councilwoman Linda Penniman in April filed a complaint against Saad with the Florida Commission on Ethics. Her complaint also largely cited reporting by the Daily News.
A group of River Park residents, in a lawsuit against the city, also claimed Saad had a conflict of interest for his vote. But that lawsuit was dropped after the residents ran out of money.
The Daily News reported that Saad is a longtime business partner with Axonic’s broker and property manager, Matt Pikus.
Pikus helped Axonic acquire a dozen residential and commercial properties in the city’s segregated River Park neighborhood. The acquisitions included the commercial strip at the intersection of Fifth Avenue North and Goodlette-Frank Road that is planned for a redevelopment by 7-Eleven after the council’s approval in May 2016.
Saad has said he didn’t invest in any of the River Park properties. His real estate investments with Pikus, which date to 2011, are on unrelated properties, he said.
There’s no evidence in public records that Saad, a real estate attorney, did legal work on Axonic’s River Park acquisitions. A lawyer at Saad’s law firm did handle an eviction at the Axonic-owned Gordon River Apartments last fall after Saad’s vote to approve the 7-Eleven project.
In the NAACP’s complaint, the group cites a Florida Bar rule prohibiting lawyers serving as public officers from acting on a “matter in which the lawyer participated personally and substantially,” without written consent from the government.
“His unethical behavior during this decision puts his conduct as an Attorney into question,” Keeys wrote. “Thus, in conclusion the Collier County NAACP alleges that Mr. Saad is in full violation of his ethical and legal responsibilities as an Attorney and ask remedy from the Florida Bar.”