The sudden termination of City Attorney Tammi Bach last Tuesday has the Fernandina Beach city manager in a full court press to put temporary legal support in place while the search for a fulltime replacement begins.
Bach, who had held the city attorney position for 17 years, was fired without cause following a motion by City Commissioner Tim Poynter by a 4-1 vote. The city attorney is one of three city charter officers that report directly to the city commission.
The unexpected firing has put City Manager Sarah Campbell, who has been in her position for just six weeks, in a difficult position. She is now tasked with finding both temporary legal support and initiating the search for a permanent city attorney.
All of this is taking place as significant legal cases loom for the city that underscores the immediate need for sound legal counsel. These include:
Ongoing settlement talks with Brett’s Waterway Cafe: The restaurant is seeking compensation for lost revenue it claims are attributed to the city. A closed-door meeting with commissioners to discuss the latest settlement offer is scheduled for January 21. The city lease with Brett's expires in December.
Mediation with Nassau Marine Terminal: A mediation hearing is set for January 28 regarding potential city penalties following the construction of an unpermitted 22,000 square-foot warehouse at the Port of Fernandina. Poole will serve as the mediator in this case, precluding him from representing the city in this specific matter.
Challenges from Rayonier Advanced Materials (RYAM): RYAM’s application to build a bioethanol plant included legal challenges from three attorneys who raised legal issues, including claims that the city attorney lacked the authority to seek outside legal opinions, and that the city manager’s decision should rely solely on city staff recommendations. At the time of Bach's termination, the city was considering how to respond to RYAM's attorneys.
Campbell said she had begun identifying an individual attorney or law firm to represent the city following Bach's dismissal. Campbell said in an email that she was relying on a list of outside attorneys already in place with the city attorney's office as well as resources provided by the Florida Bar Association, resumes and personal interviews in order to make a recommendation to commissioners.
The urgency for legal representation was immediately felt the day after Bach's dismissal when local attorney Harrison Poole was contracted to be the city's legal authority at the joint meeting of the city's Planning Advisory Board and the city commission.
The role of a city attorney even in a small city like Fernandina Beach, touches almost every aspect of city activities on a daily basis. Contracts, human resources, drafting and reviewing proposed city ordinances and resolutions, risk management, as well as counseling city boards like the Planning Advisory Board, the Board of Adjustment and Code Enforcement all fall in the responsibility of the city attorney.
"As far as the day-to-day legal needs, that's simple stuff that when Tammi was away on vacation or out of the office, we have attorneys fill in all the time. We have a list of attorneys we use all the time," Poynter said.
Poynter said no one was aware that he was going to make a motion to terminate Bach and that finding a replacement was top of mind going forward.
"It's my third time as a commissioner, of course I knew we had to have a plan to replace her," Poynter said. "After the vote (to terminate), I spoke with the city manager about moving forward."
Campbell said she is optimistic that a new city attorney can be in place in 60 days.
However, commissioners are considering whether to have a city attorney at city hall or to contract with an outside law firm to provide legal services.
"We really have just two choices," said Commissioner Genece Minshew. "And you can get somebody in temporarily to get us through some amount of time. But the decision is, are we going to hire an employee again or are we going to look to an outside firm on a retainer basis. There are firms that do municipal legal support, and I think the city manager is looking into that and I believe Poynter is looking at that. I think we're going to move quickly. It's what do we think are the right choices going forward and what are the costs associated with that."
One outside firm being considered is Vose Law Firm LLP of Winter Park. The firm's website said "The firm presently serves as City Attorney for nine (9) Florida cities, and as County Attorney for one Florida county. Throughout its history, the Vose Law Firm has served as City Attorney, Town Attorney, Village Attorney, and County Attorney for 19 local governments throughout Florida, and has held over 100 local government legal positions."
The go-forward legal support plan and city attorney replacement will be discussed by the full commission at its next scheduled meeting on Jan. 21.
The outside law firm approach was used while Campbell was the city manager of Orange Park. Campbell said during her tenure, the city twice had to identify and contract with law firms to provide those services.
"I anticipate we will simultaneously post the position for an in-house attorney and issue an RFQ (request for qualifications) for outside counsel. The city commission can then decide which path they want to use," Campbell said in her email.
Minshew believes Bach's termination differs greatly from the firing of City Manager Dale Martin almost two years.
"This is different because I believe legal services are more easily obtained than a city manager," Minshew said. "I have trust that the city manager and city commission will work through this quickly and we'll come out with a good outcome."
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