Tampa Palms Council Dispenses
With Lawyers At Meetings

COURTESY : Tampa Tribune
BY GEORGE WILKENS 
Published April 22, 2004 

TAMPA PALMS - ``The first thing we do, let's kill all the lawyers,'' a Shakespearean character suggested four centuries ago. 
Tampa Palms Community Development District supervisors don't suggest such drastic action, but they have decided $200-per-hour lawyers are unnecessary at CDD meetings. 

Their April 14 decision reflects a radical change in course from recent years, when a lawyer was crucial in helping the board of supervisors navigate a sea of lawsuits. 

At some meetings during 2000, two lawyers often rode herd on the five-member board, embroiled in a civil lawsuit for violations of Florida's Government in the Sunshine law. 

The 1999 lawsuit filed by former CDD Supervisor Bob Doran cited violations at four meetings from 1996 through 1999. Ironically, they arose from supervisors' closed sessions with the board attorney, discussing threatened litigation. 

Carlton Fields, the law firm at two of the meetings where violations occurred, wrote off two-thirds of $59,708 expended in defense of that lawsuit. 

In November 2000, supervisors paid a $40,000 court-ordered reimbursement of legal fees incurred by the plaintiff. 

An additional $14,386 was spent on related legal matters, including defending against a virtually identical sunshine complaint Doran filed with the Hillsborough County state attorney. 

In September 2001, lawyer Michael Cooke said Carlton Fields was withdrawing representation because of other commitments. Supervisors, however, had been at odds with Cooke's firm since the district's sunshine violations. 

Two months later, supervisors hired Rhea Law of the prestigious law firm of Fowler White Boggs & Banker. 

Law, statewide practice leader of the firm's government, environment and land- use department, commanded $275 per hour. She attended CDD meetings initially, but, as she said she would, eventually turned duties over to colleague Susan Johnson-Velez, whose time is billed at $165 hourly. 

Law and Johnson-Velez ushered supervisors through other pricey legal snarls in the wake of the open meetings law violation, plus resolution of a lawsuit filed against a resident whose fence encroached on district property. 

Johnson-Velez has skipped the past few meetings, eliminating the ``attorney's report'' portion of the monthly agenda. At this month's meeting, supervisors agreed her attendance is unnecessary. 

``I think at one point we needed our attorney here every second,'' said Ed Copeland, a CDD supervisor since March 1999. The lawyer can be invited when the need for legal input is anticipated, Copeland said. A lawyer's cell phone number would allow supervisors to seek a legal opinion ``on pressing issues'' arising during evening meetings, he said. 

``I think it's a waste of money to have her sit here each month,'' Supervisor Bill Shimer said. An audio recording of the meeting is available to the attorney, he added. 

The $1.7 million CDD budget allots $50,000 for legal services. 

Eliminating the lawyer at meetings saves some of that, money better spent on flowers for Tampa Palms' public areas, Copeland said. 


 
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