Commissioner Burgess watches the exchange
between Commissioners Robbins and Lewis
One of the items Commissioner Robbins asked to have added to the May 21st Commission Meeting Agenda was a discussion on where the City stood in finding a signed copy of the City Attorney's contract.
Commissioner Robbins: "Thank you Mr. Mayor. I was the one who requested this item be on the Agenda because at the last meeting I wanted to make a motion that the Staff or the City Manager produce a signed contract which is a legal document, [or not]."
She went on to say that she would like to make a motion that the City Staff either produces the contract or says they don't have it, so that the commission can determine the next proper course of action to get this situation resolved.
Mayor Coerper said that a motion was not necessary, that staff could just be instructed to find the contract.
Commissioner Robbins said that she just wants to know if it exists or not. "If it doesn't, where are we as citizens or as a commission? Where are we with a city attorney when we don't have a signed document?"
Mayor Coerper asked Ms. Cain if staff could provide that answer in the next couple of days.
Traci Cain: "I can give you an answer right now. I have not been able to find a signed copy of the document."
Mayor Coerper said "Ok. Well..."
Mr. Malphurs: "Mr. Mayor, I have not been able to find a one. And believe me, if I had one, if I knew where it was, I would be so glad to produce it. I think I made that statement, three or four times I do not have a signed copy. It may be that when I move or something like that it might turn up some day. At present time, I do not have one but boy, I sure wish I could find one. I don't know how else to say it."
Commissioner Robbins: "Ok. So, it appears that there is no signed contract. I did seek a second opinion from a legal council, and I was told without an authorized signed contract as an instrument to execute payment with a contractual service provider we are legally acting out of order in paying someone without a signed contract."
Mayor Coerper said he had also talked to "someone who had been a city attorney for quite a long time. I asked him what you do in this sort of a situation, and the answer was if you have the minutes and that sort of thing to back up what you were talking about go ahead and get the contract signed."
"I think my biggest concern was when the contract actually expired. It wasn't that we didn't have Neil under contract. I didn't vote for that contract, but I remember the vote being taken. It was a huge, huge mistake that this was not signed, and so be it, but I still feel he is under contract."
Mr. Malphurs said that he believed that it was signed. Later in the evening, David Robbins said that he had heard Mr. Hays had been contacted, and had no recollection of the contract being signed.
After a brief pause, Ms. Cain said "I would like the commission to in some way approve the contract Neil that is working under. I know that the rest of the staff is, I am very tired of every time we go to cut a check for Neil getting accused of doing something illegally and that I am going to jail for it. I would like it to be resolved tonight that contract is legal, we got the minutes to back it up. I would like to quit being harassed and threatened at work."
Commissioner Hills said that the only thing he was concerned with was the minutes. Commissioner Lewis said that Mr. Murphy would remember the vote. "He voted for it."
The discussion from that point on centered around when the contract was signed, and the decision of the commission was to have the current mayor sign the contract. It was decided that the contract would run from Nov 20th 2000 to Nov 19th 2001.
Commissioner Robbins made the motion, Commissioner Lewis seconded it, saying that "This is the longest meeting we ever had." The motion passed unanimously.
Additionally, the costs for advertising for a new City Attorney after the current contract expired were discussed, with Ms. Cain give ad rates to the Florida Bar Journal. If the City gets an ad to them by May 29th, then it will appear in the June edition. For 50 words or less, the cost was $55. Over 50 words is a dollar a word. The ad will also automatically appear on their internet site for no additional cost.
Commissioner Robbins asked "How do we determine where the best place to put an ad would be?"
Commissioner Lewis said "We want to put an ad 'we want an Attorney against growth' I guess." And chuckled.
Commissioner Robbins paused for a second, and replied "Where did that come from?"
David Robbins suggested that using a recruiter might be a good idea for a City Attorney as well, as they would help in selecting from a much better qualified pool of applicants than the ones likely to respond to a magazine ad.
Mayor Coerper agreed. | 
