In a stunning late meeting development, City Commissioner Tim Poynter Tuesday made a motion to terminate long-time City Attorney Tammi Bach that after brief exchanges was passed by a 4-1 vote.
Commissioner Darron Ayscue was the lone vote in favor of retaining Bach in her position.
Bach is the longest serving city charter officer and the highest paid employee of the city.
"I care about the community, and I don't think we were being served to what we should have been by our city attorney. That's why I made that motion," Poynter said. "I lost confidence and trust in our city attorney."
Poynter, who has served twice before on the city commission, made the motion during the closing moments of the city commission meeting during commissioner comments. He was the final commissioner to speak.
Commissioner Gence Minshew seconded Poynter's motion for discussion.
"I've been a commissioner two other times and Tammi has been the only city attorney I've known since I've lived here," Poynter said. "When your citizens are suing you because we're ignoring the laws on the books like the Tringali property. She was part and parcel why the city got sued by the community. It went to court and the court said the city commission had no right to even rule on that. That's our city attorney advising us."
Bach's termination was reminiscent of the firing of City Manager Dale Martin nearly two years ago by the previous city commission. Then City Commissioner David Sturges out of the blue made a motion to terminate Martin in February 2023. That motion was tabled, and Martin was fired at the next meeting.
Ayscue cited Martin's firing in opposing terminating Bach.
"It was a mistake then the way we did it and it's an absolute mistake now," Ayscue said. "We didn't even learn less than two years ago how to properly handle our charter officers and their employment. I'm no on the motion."
Poynter countered Ayscue's argument citing Florida's Sunshine Law restrictions that prevent city commissioners discussing issues outside of formal commission meetings.
"Unfortunately, this is the way this stuff happens," Poynter said. "I don't have a better solution. This is how I feel, and this is why I brought it up."
Mayor James Antun followed Poynter's comments, supporting terminating Bach.
"It's with a heavy heart that I must agree that I have a lack of confidence as well. It's nothing personal," Antun said.
Minshew and Commissioner Joyce Tuten did not comment on the motion and voted to terminate the city attorney.
The termination leaves the city without any legal expertise amid numerous legal issues facing Fernandina Beach.
Rayonier Advanced Materials (RYAM) is seeking to build a bioethanol production plant with the key legal issue of whether bioethanol production is in violation of regulations of the city Comprehensive Plan and Land Development Code. The city already has in hand a legal opinion from an outside land use law firm stating it violates city codes.
The city is currently negotiating a settlement with the lease holders of Brett's Waterway Cafe for damages including lost revenues after the city declared the building's substructure was unsafe. Bach had told the previous city commission last August that the city was partially at fault in the matter.
Under the terms of the city attorney contract, Bach will be paid 16 weeks of severance.
Bach was born and raised in Fort Lauderdale and has lived in Fernandina Beach since 2007 after accepting the position of city attorney.
She graduated magna cum laude from the University of Florida with a degree in military history and cum laude from Stetson University Law School with a law degree.
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