“Unconstitutional!” ​Florida FOP Blasts Surfside Town Manager


Last week, we exposed a shocking and unprecedented move by Surfside Town Manager Mark Blumstein: a secret gag order issued behind the backs of elected officials, muzzling town staff and forbidding them from speaking directly to commissioners. This directive was a blatant violation of the Town Charter — but it didn’t end there.

​Sean Kelly of the Florida State Fraternal Order of Police (FOP) has now fired back, issuing a formal warning to Blumstein, declaring the gag order a direct violation of the Constitutional rights of Surfside’s employees. The FOP’s intervention underscores just how dangerous — and illegal — Blumstein’s unchecked actions have become.

But this is hardly the first time Blumstein has dragged Surfside into legal and ethical chaos.

Earlier this year, Blumstein targeted Surfside Police Officer Rory Alberto — not for misconduct, but for answering the call of duty. While serving an active deployment with the U.S. military as a reservist, Alberto was abruptly placed on six months of paid administrative leave by Blumstein under the guise of an “internal investigation” that never took place. Behind the scenes, Blumstein attempted to coerce Alberto into early retirementa blatant violation of federal law. Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employers are strictly prohibited from discriminating against service members or interfering with their reemployment. Blumstein’s actions weren’t just unethical — they were illegal. Attempting to force out a veteran for serving his country? That’s not just disgraceful — it’s a federal offense.

Blumstein’s reckless disregard for the law is nothing new. In 2023, while campaigning for judge, he was publicly reprimanded by the Florida Supreme Court for the use of his Navy uniform in campaign materials, a direct violation of Department of Defense regulations. The DOD had warned him multiple times, but Blumstein continued anyway. Sound familiar?

Now, as Town Manager, Blumstein continues to make unilateral decisions without Commission approval — from new parking rules in residential areas to construction policy changes and added fees — all implemented without a single public vote. These are not minor administrative actions. These are policy changes that affect residents’ daily lives — forced through by an unelected bureaucrat operating as if he’s above the law.

Blumstein’s latest stunt may open Surfside up to massive legal liability — lawsuits, federal investigations, and costly settlements are all on the table. Residents deserve better than to be governed by backroom edicts and power-hungry overreach.

This is a textbook example of what happens when leadership fails, and a single man is allowed to run wild without oversight. The real question now is: Will the Surfside Commission finally grow a backbone and act? Or will they continue to watch in silence as our town burns through its credibility, its legal standing, and its future?

We’re watching. And we won’t be silent.

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Sources:

FOP-Response.pdf

Surfside Police Officer Rory Alberto Email.pdf

Blumstein FL Supreme Court Reprimand.pdf

Blumtien-Email-gag-order.jpg

https://www.cbsnews.com/miami/news/miami-dade-judge-faces-discipline-over-campaign-ads/

https://abusivediscretion.com/former-dade-county-courthouse-judge-reprimanded-by-florida-supreme-court-over-inappropriate-use-of-navy-insignia-in-a-2022-political-advertisement/

Surfside Community Watch

Surfside Community Watch is an independent group of engaged and caring residents. While we are not officially affiliated with the Town of Surfside, our mission is to keep the community informed about local events and happenings.

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