An Orlando lawyer will serve as Key West’s new city attorney, but only for the next 12 to 18 months, until the city finds a permanent candidate.
City officials voted at the Oct. 9 commission meeting to hire Mayanne Downs of the DownsAaron law firm in Orlando to serve as city attorney on a month-to-month contract at the rate of $495 an hour.
Commissioner Sam Kaufman opposed the move, pointing out that the city had twice turned down an offer from a Florida Keys-based law firm, Vernis & Bowling, to perform the same job for $230 an hour. Kaufman emphasized that he had no problems with Downs’ experience and qualifications, but said he was concerned about the cost. If Downs spends 20 to 25 hours a week on Key West-related works, at an hourly rate of $495, it will cost the city $515,000 to $643,000 over a year. Those amounts are more than twice the salary of former city attorney Ron Ramsingh, who was terminated without cause in April after being indicted in the ongoing investigation into corruption in city government.
A search committee that was appointed by the commissioners to find, interview and recommend a candidate for the permanent position failed to turn up any applicants that the committee was comfortable recommending, which led them to recommend 12 to 18 months of contracted counsel.
But things are still a bit unsettled in the city’s legal department.
Less than a week after the commission voted to hire Downs, assistant city attorney Michael Pope announced his resignation.
Pope, who was hired less than four months ago on June 25, told interim city attorney Kendal Hardin that he had accepted a job as prosecutor with the Monroe County state attorney’s office. His last day is Oct. 24.
Pope did not respond to an email seeking comment about his departure, but was complimentary of his experience at city hall in his resignation letter.
“Working alongside such dedicated colleagues and contributing to the city’s legal initiatives has been an invaluable experience that I will always cherish,” Pope wrote.
Hardin alerted the mayor and commissioners to Pope’s departure in an Oct. 14 email, writing, “We appreciate Michael’s contribution to the city during his time and wish him the best of luck on his endeavors. The city attorney’s office will be reviewing coverage and transition plans to ensure continued support for all ongoing matters and assignments. We will keep you informed as we move forward with filling the position and any interim arrangements.”
More legal matters
The hiring of Downs wasn’t the only legal matter discussed at the commission meeting.
Commissioner Lissette Carey wants the city to reimburse her for money she spent on lawyers for the “successful defense” of a recall petition by voters in her district who sought a special election to remove her from office.
Carey and her attorney say she is entitled to reimbursement because the legal costs were accrued as part of her official duties. But several Key West residents strongly disagreed and stated as much at the meeting.
Resident Loretta Detoko reminded the commissioners that the recall petition was declared moot by the supervisor of elections because the signatures were not collected within the required timeframe.
“Does that qualify as a successful legal defense?” the speaker asked. “Or would it require something more substantive, like dismissal of the case or a judge’s decision about the merits of the case?”
Detoko also reminded the commission that the recall effort was prompted by the grand jury’s investigative report that suggested Carey resign from the commission due to her alleged involvement in the move to fire former city manager Al Childress and her attempt to keep a damning report on the building department from being made public.
“Those findings raise real questions about whether taxpayer money should be used to cover legal costs in this case.”
Six other speakers agreed and emphatically opposed the reimbursement of Carey.
“Paying this bill would set a terrible precedent, one where elected officials could use taxpayer dollars to cover personal or political disputes. That’s not accountability; that’s entitlement,” resident Chris Massicotte said.
Former commissioner Margaret Romero said the reimbursement of Carey would be “a slap in the face to your taxpayers and just a matter of entitlement.”
Ultimately, the commission did not vote on the reimbursement, opting instead to follow the advice of attorney Hardin and seek an attorney general’s opinion about whether it would be legal and appropriate. The matter was postponed until that opinion is received. For more from the city commission meeting, visit keysweekly.com
