A three-hour meeting called to consider the firing of Key West’s city attorney ended this week with no decisions, but plenty of opinions, revelations and even more questions.
Key West officials were poised at the April 21 meeting to part ways with attorney Ron Ramsingh, who was indicted last week along with two other city employees, on three felony charges, including evidence tampering. But firing a lawyer can be fraught with legal liabilities, and some commissioners are eager to limit the city’s exposure to future lawsuits.
A motion to fire Ramsingh for cause, meaning he committed “substantial violations” of specific city policies, failed when it fell one vote short of the required four. Mayor Dee Dee Henriquez, and commissioners Sam Kaufman and Monica Haskell voted to fire Ramsingh for cause. Commissioners Lissette Carey, Mary Lou Hoover, Aaron Castillo and Donie Lee voted against firing him for cause. In the end, the commission decided to adjourn after three hours and reconvene at 5 p.m. on Thursday, April 24 to finalize a termination or voluntary separation agreement.
If fired for cause, Ramsingh would not be entitled to any further compensation other than the value of his accrued leave, about $109,000. The commission could also fire Ramsingh without cause. In that case, Ramsingh’s contract states he would be entitled to a payout of about $221,000.
Lee, the former police chief of Key West, told his colleagues and the public that he was prepared to fire Ramsingh, but was concerned about financial exposure for the city.
“When I was police chief, if an officer of mine would have been indicted on three felonies, I would have moved to terminate that officer,” Lee said. “The decision for me is not whether to terminate Mr. Ramsingh’s employment, but how we do it. What’s the legal exposure for the city whether we fire him with cause or without cause? I’m looking at this from a financial standpoint.”
Hoover, who acknowledged that she had spoken with Ramsingh over the weekend and added they have been friends since before he became city attorney, said “I hope we come to a decision to do this for something other than with cause. I think that would be more difficult for us in the long run.”
Carey said, “I think the word ‘unlawful’ should be determined by a judge or jury. This is serious. We’re dealing with someone’s life and career here.” She initially suggested the commission consider the option of a suspension with pay for Ramsingh, but that didn’t garner support from other commissioners, some of whom reminded her that the city’s basis for deciding on a termination was based on the city policies, not a conviction in a court of law.
But there were more financial revelations to come.
For instance, it was revealed at the meeting that the city of Key West is paying Ramsingh’s legal defense bills, a provision that was included in his employment contract.
But the contract language, interim city attorney Cynthia Hall noted to commissioners, only agrees to cover Ramsingh’s defense “if any legal claims are brought against him as a result of his lawful actions” taken while performing his job duties. It’s not an unusual arrangement, considering that fired employees often turn around and sue, say, the mayor, city attorney and other leaders.
“But Mr. Ramsingh’s actions have not been determined to be lawful,” Hall said. “Also, he’s not asking to be reimbursed for his legal defense costs, which is how that usually works, but rather to have the city pay them as we go, and I cannot recommend that you take that on.”
Donald Barrett, Ramsingh’s defense attorney, told the commission at the meeting that his client is requesting those legal defense payments continue, even after Ramsingh leaves the city’s employ. In return, Ramsingh would release the city from all future lawsuits and liability, but at least three city lawmakers weren’t having it.
Kaufman adamantly supported firing Ramsingh for cause immediately and not continuing to pay any of his legal fees. He pointed to specific parts of city policy that he said Ramsingh violated, which were sufficient to fire him with cause, Kaufman said.
“Our job is to determine improper conduct and there’s certainly evidence of that,” Kaufman said.
He pushed back on several members of the public, who had spoken in support of Ramsingh and told the commissioners that Ramsingh is innocent until proven guilty in a court of law.
Several supporters told the commission any decision to fire Ramsingh was premature and unfair.
But Kaufman and Hall reminded the commissioners that their duty was not to determine guilt in a court of law.
“Your primary consideration is not whether Mr. Ramsingh committed a crime,” attorney Hall said. “The only question you’re being asked is did he violate city policy?”
Henriquez said, “I sponsored this resolution for termination with cause and I feel policies No. 9 and 12 were violated, and I will be voting for termination with cause.”
Kaufman agreed, and pointed to those two policies — engaging in unlawful, improper or indecent conduct that reflects poorly on the city, and the deliberate falsification of personal or city records.
Termination becomes negotiation
Once the vote to fire Ramsingh with cause failed, the commission recessed to allow Hall to speak with Ramsingh’s attorney, Barrett, privately. Hall came back and said Ramsingh and Barrett had “put an offer on the table.”
“He’d want it characterized as a voluntary separation agreement with no admission of liability,” Hall said. In return, Ramsingh would release the city from any future lawsuits and liability, but would still demand that his legal defense bills be paid.
“There is no limit to the amount the city could have to pay,” Hall said, strongly advising the commission against that agreement.
After multiple recesses and lengthy discussion, the commission decided to reconvene the meeting at 5 p.m. Thursday, April 24 to decide how to part ways with Ramsingh.
The other two indicted city employees — code compliance director Jim Young and chief building official Raj Ramsingh, who is Ron Ramsingh’s brother — face felony charges of evidence tampering for altering, deleting or withholding text messages that were subpoenaed by the state attorney’s office as part of an ongoing corruption probe.
Young and Raj Ramsingh are on paid leave pending their arraignment on Thursday, April 24. Unlike the city attorney, the two department heads can be fired by the city manager. The attorney works directly for the city commissioners, who are the only ones who can fire him.
Speakers show support & opposition
More than a dozen community members spoke at the April 21 city commission meeting representing support for and opposition to attorney Ron Ramsingh’s firing.
Supporters of Ramsingh included local attorney and planning board member Michael Browning; local planner Owen Trepanier, personal friend Travis Doll, restaurant owner Joe Walsh and others.
Many of those supporters admonished the city commissioners, telling them that Ramsingh is innocent until proven guilty. They reminded the commission that a grand jury indictment does not include any defense of the person accused and assured the commission they trust Ramsingh as an attorney, a city employee and a decent person.
“I’ve known Ron since childhood and he’s always been kind, reliable and trustworthy,” said Amy Pierce. “He’s considerate and cautious and these charges against him are completely out of character.”
But an equal number of community members spoke against Ramsingh and in support of his firing as a matter of public trust in city government.
“I want to know there’s a level playing field in this community,” said Will Benson. “Public trust is the most important issue and it looks like that’s gone. You gain it by the teaspoon and lose it by the bucketload. You as commissioners have the trust of us, and we expect the rules to be fair for everyone with no insider dealing. You may hear good things about someone here today, but the job is public trust.”
Chris Massicotte also supported Ramsingh’s firing, saying, “We deserve to know everyone can be held accountable when they betray the public trust. And this matter reminds me of what I was told way back when text messaging first came about: Never send a text that you don’t want to see on the front page of the newspaper.”
Aaron Strebek told the commissioners, “It doesn’t matter what’s determined legally. What does matter for this body is his conduct regarding the city’s interests and policies and regarding all of us.”
