PALM BEACH, Fla. — This story was updated to reflect comments from attorneys and residents who attended the Town of Palm Beach council meeting via a Zoom webinar.
On Tuesday, the discussion of former President Donald Trump’s permanent living arrangement at Mar-a-Lago continued at a Town of Palm Beach council meeting.
One of the main topics from the meeting was to get a clear understanding of how Trump is a “bona fide employee” of Mar-A-Lago.
“No formal action is being sought today. This is for informational purposes only” explained the town’s attorney, John Randolph.
During the public comment period, councilmembers heard from two people who live near the resort.
“It would be near impossible to prove that Donald Trump is a bona fide employee of Mar-A-Lago, the social club, as defined in the town code,” said Simon Taylor, who lives in Palm Beach.
“It’s unmentionable for the town to prevent, the former president, now a private citizen to live at Mar-A-Lago,” said Mark Sanderson, who also lives in Palm Beach and is a member of the club.
Speaking on behalf of the other residents was attorney Reginald Stambaugh.
“My clients urge the town council to uphold the use agreement created with Mar-A-Lago in 1993, in recognition the club would have in a residential zone,” said Stambaugh.
“My clients purchased their home after the agreement was signed, with a reasonable expectation that this legal contract would be honored and enforced by the town,” Stambaugh explained.
“This agreement assured that my clients would be able to live peacefully, and enjoy the privacy afforded others on the island. Regrettably, this has not been the case due to numeral violations over the decades,” Stambaugh said, explaining that the use agreement does provide for the club to be returned to a residential property.
“Then the former president and his family could live there,” said Stambaugh.
Philip Johnston, an attorney representing the group Preserve Palm Beach also joined the meeting.
“The group is concerned with the recently announced use of Mar-A-Lago as Mr. Trump’s residence and now the office of the former president,” said Johnston.
“We feel that this issue threatens to make Mar-A-Lago a permanent beacon for his more rabid, lawless supporters,” he said.
In a memorandum to the mayor and councilmembers, the town’s attorney, John Randolph, pointed to the original agreement from nearly 20 years ago, which states, “a private club may provide living quarters for its bona fide employees only.”
10 Tampa Bay obtained the memorandum directly from the Town of Palm Beach website. It was hyperlinked in the Feb. 9, 2021 agenda. You can view it below.
The application for a special exception was first discussed on May 13, 1993, during a “special meeting” with the Town of Palm Beach. The discussion from that meeting included comments from Paul Rampell, who represented Trump at the time.
When asked if Trump will continue to live at Mar-a-Lago, Rampell said, “no, except that he will be a member of the Club and would be entitled to use the guest room.”
The legal language in the agreement does not clearly state that Trump cannot live at the club. Instead, it only addresses “members’ use of the guest suites.”
As part of its legal review, the Town of Palm Beach looked into the zoning code to figure out if Trump is considered a “bona fide” employee.
The definition of a club employee, as described in the zoning code, is:
“Employee means any person generally working onsite for the establishment and includes sole proprietors, partners, limited partners, corporate officers and the like.”
In a letter responding to the ongoing matter, Trump’s attorney, John Marion IV, wrote to the town attorney explaining why the former president has a right to live at Mar-a-Lago.
10 Tampa Bay obtained the letter directly from the Town of Palm Beach. It was hyperlinked in the Feb. 9, 2021 agenda.
Marion wrote:
“Importantly, while the Town could have specifically provided in the Agreement that the Owner could not reside on the property, it did not.”
“…President Trump does not use a guest suite when at MAL, he uses the ‘Owner’s Suite.”
Marion also addressed the meaning of bona fide employee.
Because Trump is the legal owner of Mar-a-Lago and is a corporate officer who oversees the property, “he is, therefore, a bona fide employee within the express terms of the Town’s Zoning Code. … He is clearly entitled to reside there.”
During Tuesday’s meeting, Marion provided a list detailing Trump’s duties as an employee. The list includes the following:
- Oversees the property
- Evaluates the performance of employees
- Suggests improvements relating to the operation of the club
- Review clubs’ financials
- Attends events held at the club and welcomes/thanks those attending
- Greets members and their guests as he sees them
- Recommends events to be held at the club
- Suggests candidates for membership
In 1985, Trump bought Mar-a-Lago from the Post Foundation and used the property as his private residence.
Eight years after the deal was complete, the Town of Palm Beach approved the application for a special exception with the existing zoning code in place.
Mayor Gail Coniglio and the rest of the council agreed to revisit the discussion in April during a scheduled council meeting.
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