Mount Dora approves new attorneys two months after counsel’s resignation

MOUNT DORA — The Mount Dora City Council unanimously appointed Andrew Hand and Patrick Brackins of the Maitland-based law firm of Shepard, Smith, Kohlmyer & Hand, P.A., as the new city attorneys during its Sept. 21 meeting.

The selection came about two months after city attorney Sherry Sutphen of Orlando-based Roper, P.A. submitted her resignation to council members.

In a letter dated July 19, Sutphen pointed out the deterioration of the relationship with the city manager, Patrick Comiskey. There are only two positions – the manager and the attorney – that the city council directly hires, both through contractual engagements.

“While the City is designed to operate with a checks and balances system that enables the City Council to base its decisions on the separate but equal functions of the City Manager and City attorney,” wrote Sutphen, “of late, the City Manager has taken overt steps to hinder and circumvent my role as City attorney in this fundamental process.”

“Specifically, my legal opinion has been undermined, second-guessed, and outright ignored by the City Manager,” lamented Sutphen. Citing the risk of liability for her firm because “my review has been ignored or passed over,” she decided to tender her resignation.

She urged in the letter that the council be expedient to find a replacement but offered to remain as legal counsel to the city until that time.

Sutphen was named the city’s interim city attorney in August 2018 after the city terminated its previous legal counsel. Through a unanimous vote, her contract was finalized the following January.

She continued to function as its attorney until the city’s appointment of Hand and Brackin. Sutphen will continue to work with the city to update the new firm during the transition.

Also during the Sept. 21 meeting, the mayor, council and manager debated the merits of the process in selecting the firm. A Letter of Interest went out for bid on Aug. 13 for 18 days with two law firms responding, according to the mayor. Stile asserted that the process would typically take two to three months, including steps such as interviews of potential firms by the council. One of the firms withdrew.

Vice Mayor Marc Crail defended the process, saying that it followed what the council agreed to at its Aug. 1 meeting. While council member Cal Rolfson praised the qualifications of the new firm, he was frustrated with the process.

“We abandoned our rights to do it the way it should be done,” he said.

Council member Doug Bryant voiced that the conversation about the process did not apply to the agenda action item of retaining a new city attorney firm that evening, but rather it may provide guidance for the future.

“Has our process has been a little bit disjointed at times? Has it been maybe a little bit acrimonious at times?” asked Bryant rhetorically. “Yes, and yes.”

But he said that he did not have a problem with the way the solicitations for the firm were conducted.

“I am particularly happy with the yield of the solicitations,” he said in approval of the hiring of the new firm.

Four months of discussion to date abut the city manager

Social media conversations have referred to the city as “Mount Drama,” as it has publicly grappled with controversial issues during the past couple of years. Under debate have been topics such as the Joint Planning Agreement with Lake County, land development proposals and, most recently, a focus on personnel matters.

During the past four months, spanning nearly 10 meetings, the city council has grappled with several failed attempts to oust Comiskey as well as had ongoing debates regarding ways to proceed forward to resolve management issues.

Beginning during the May 16 council meeting, Mayor Crissy Stile requested that an item be added to the agenda in order to address concerns about the city manager.

Stile started the discussion on the new item by asking Comiskey if he would offer to resign, which he declined.

Stile said in the meeting video that she was about to have “probably the most uncomfortable discussion that I have ever had in my life.” She mentioned that she was compelled to have it in public, citing Florida’s Sunshine Law – also known as the “open meetings” law.

Stile then spent 30 minutes detailing complaints about the manager, which included personnel and decision making issues. Stile stated that, since Comiskey was hired nearly two years ago, 98 people left employment with the city and noted that 54 of those left without stating a reason for their departure.

“I am talking about disrespect for our employees, I am talking about uninformed decisions, poor decisions,” said Stile about Comiskey. “I’m talking about not being engaged with what is happening within this city, and all-around unprofessional nature of our city manager.”

Council members’ comments in response indicated that they were unwilling to make a move to terminate the manager that evening. Some praised the manager’s work performance. They then sought to establish a process to mediate the situation and garner employee comments.

The council then voted unanimously to delegate council member John Cataldo to contact the Florida League of Cities for assistance. At the May 22 meeting, Cataldo reported to the council that the league recommended three executive professionals consultants who deal with conflict resolution.

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Council member Dennis Dawson was tasked to work with the city’s human resources department to create a survey to assess sentiment about the city manager from those employees who report directly to him.

“I serve at the will and pleasure of the mayor and council,” said Comiskey during his report toward the end of the meeting. He remarked that he thought he had the support of the council, but knew he lost the mayor’s support the previous October.

“But as I told her, I pledged to work with her and I want to work with everybody,” he added.

‘In my opinion, things have gotten worse’

At the June 6 council meeting, Stile asked again to add an item about the manager to the agenda.

“In my opinion, things have gotten worse,” she said. “I lack confidence in our city manager.”

The mayor motioned to terminate the manager’s contract and requested the appointment of an interim manager. Council member Nate Walker seconded the motion “for the purpose of discussion.” The motion failed, with only Stile voting in favor.

Stile called an emergency special meeting of the council for June 15 to discuss the more than 60-page report prepared by the city’s HR department that was the result of the employee survey.

Bryant conveyed that he received an email with the report at 4 p.m. which he saw at 5:30 p.m., just 90 minutes before the meeting.

“I think that we’ve had a calm, cautious approach to this whole matter,” he said. “At this point in time, this strikes me that this is grossly premature. I don’t know why we are here this evening.”

“I don’t know why we are having a meeting here tonight,” echoed Cataldo. “The sky is not falling.”

“Patrick is unresponsive and evasive to phone calls,” quoted Stile from employee’s comments about the manager in the report. “Good luck getting him on the phone.”

“He doesn’t show enough respect to his employees or directors to respond back.”

“Working for the city of Mount Dora has not been pleasant.”

‘We have to right this ship’

Walker reiterated the council’s desire to bring in an outside firm to address the conflicts.

“This is messy,” he said. “We have to right this ship.”

He added that he would not decide on the manager until he had adequate time to review the report.

The council postponed further discussion to the next meeting.

Back on the agenda

Fifteen days later, at the June 20 city council meeting, an agenda item was listed as “City Manager Conclusion.”

Comiskey conveyed his desire to reach closure on this issue.

“In summary from my position, I’ve had an attack made against my name, my reputation in an effort to take away my livelihood and my career,” he stated.

Council members discussed their thoughts on the report distributed before their last meeting.

“It’s sad to say that we need to take responsibility for what has transpired,” reflected Cataldo. “I think it’s a sad state of affairs of what we’ve caused. We’ve disrupted our community.”

“We have opened employees, endangered their credibility,” he added.

“What it showed to me is that there is room for improvement – particularly  in communication,” said Bryant.

The conversation concluded with the council authorizing Dawson to create a scope of work, and through the city procurement process, to contact consultants to “assist the city in moving forward for conflict resolution and personal growth for employees and council.” Stile was the dissenting vote.

The council was subsequently informed that the date for response to a Request for Qualification for such a firm was mid-August. Two items regarding hiring legal counsel for employee relations and claims were tabled to the next meeting.

At the Aug. 1 meeting, the council unanimously agreed to hire attorney Lindsay Greene to address investigating an employee’s complaints against the city manager.

Stile remarked that the council should consider suspending Comiskey in light of the fact that the employee who filed a whistleblower complaint had been relieved of some duties, while the city manager remined in his position.

Rolfson made statements in support of the mayor’s concerns. He noted that he had expressed consistent support of the city manager until staff members came to him to express frustration with the Comiskey. Rolfson listed more than 10 items to exemplify the characterization of  a “toxic work environment” made by an employee.

Rolfson made a motion to suspend the manager with full pay and benefits until a full investigation was completed. The motion failed 3-4, with Rolfson, Stile and Walker voting for it while Cataldo, Dawson, Bryant and Crail were against.

‘Absolutely heartbreaking’

Debate continued as the city manager put forward the name of an interim city attorney, Daniel Mantzaris of Orlando-based DSK – de  Beaubien, Simmons, Knight, Mantzaris & Neal – law firm.

“I heard some things tonight that I was frankly not aware of,” said Mantzaris when addressing the council.

Mantzaris advised that, if Sutphen was willing to continue in her role as city attorney until a permanent replacement was named, then that “may be the best course of action for the city of Mount Dora.”

“Even though we understand the issues…it will take us a good amount of time to get up to speed with the history,” he said. He referred to the rarity of hiring an interim attorney unless it was an emergency.

Crail looked to Sutphen to ascertain her willingness to remain. “I would absolutely be willing to stay six months, a year, or whatever it takes,” confirmed Sutphen.

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“It is absolutely heartbreaking to me that the disrespect (of the city manager) is allowed to continue,” she said.

Sutphen proffered a caveat to continuing as the city’s attorney. She requested a point person in the city – other than the city manager – that she could work with to proceed forward.

“Mr. Comiskey has proven that he will not work with me,” she said.

“He doesn’t tell the truth sitting up here, and it puts me in a very uncomfortable position,” Sutphen later added.

This article originally appeared on Ocala Star-Banner: The latest on the turmoil at Mount Dora City Hall

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