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Trump free to live at Mar-a-Lago as a ‘bona fide’ employee

Palm Beach town attorney John Randolph made the determination after reviewing a 1993 declaration of use agreement between Palm Beach, Trump and his Mar-a-Lago club.
Credit: AP
FILE - In this Wednesday, Jan. 20, 2021, file photo, President Donald Trump waves as he boards Marine One on the South Lawn of the White House, in Washington, en route to his Mar-a-Lago Florida Resort. Three months after former President Trump helped incite a violent attack against Congress, the GOP is bringing hundreds of donors and several future presidential prospects to the former president's doorstep in south Florida. (AP Photo/Alex Brandon, File)

PALM BEACH, Fla. — It's official: former President Donald Trump can continue living at his Mar-a-Lago estate.

Palm Beach town attorney John “Skip” Randolph determined that Trump qualifies as a "bona fide" employee of the Palm Beach resort and is therefore entitled to live there, according to the Sun Sentinel.

After reviewing a 1993 declaration of use agreement between Palm Beach, Trump and his Mar-a-Lago club, Randolph also determined that under the town’s zoning code, private clubs can provide living quarters for bona fide employees. 

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.”

Credit: AP
FILE - In this July 10, 2019, file photo President Donald Trump's Mar-a-Lago estate is shown in Palm Beach, Fla. One by one, the Republican leaders of Congress have made the trip to Mar-a-Lago to see Donald Trump. Kevin McCarthy visited after the deadly Jan 6 insurrection, counting on the former president's help to win back control of the House. The chairman of the Senate Republican campaign committee, Rick Scott, stopped by to enlist Trump in efforts to regain the Senate. Lindsey Graham goes to play golf. (AP Photo/Wilfredo Lee, File)

The issue of Trump's residence was discussed at a town meeting in February, during which 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.

In response to the 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.

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.”

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. The former president has been living at Mar-a-Lago since leaving the White House in January. 

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