The Palm Coast City Council and the Flagler County School Board are searching for new attorneys to represent them in two very different ways. The council is conducting its search entirely in the open, ensuring that all related documents are public, providing them on request, and interviewing the firms in open forum.
The school board, in contrast with its own precedents and with all other local governments, possibly in violation of law, is making none of its applicants’ documentation available. Its administration’s procurement officer, who has coordinated the hiring process, went as far as telling board members not to mention the names of the firm applying, though that slipped out. The board, in what may be a violation of the open-meeting law, plans to hold closed-door session to interview the two firms that have applied.
The two governments’ approaches reflect to what extent the School Board has become an outlier among local governments with regards to openness, transparency, and respect for public awareness and inclusion, all of which the board, in contrast with other governments, defies.
Florida law is clear on when a school board may hold so-called “shade” or closed-door meetings. It may do so when discussing strategy for ongoing collective bargaining with unions or strategy in ongoing litigation (merely meeting for updates on litigation is not allowed, though the board at one point wanted to have secret quarterly meetings of the kind). It may do so when discussing the details of specific security procedures or security measures, the disclosure of which could compromise safety (it may not meet behind closed doors to discuss security in general, or security policy). And it may do so for student-expulsion hearings, as students’ privacy prevails.
The law does not include any such exception to open meetings for board members’ searches, either for a new attorney or for a new superintendent–the only two position the board hires and fires. All other positions in the district’s ranks of some 1,600 employees fall under the purview of the superintendent and the administration. It would be illegal for board members to interfere with administrative hirings and firings, let alone sit on a procurement committee, as that would violate the wall between elected officials and administrative lanes.
Yet that’s what procurement director, Kristen Corolla, said the board had authority to do when she had proposed to the board to hold a closed-door session to discuss the two firms that were applying, and to hold another closed session to interview the firms: her reasoning is that since procurement committees may be closed meetings, the board, sitting as a procurement committee, could close its doors (even though state law does not explicitly provide for such an exemption, as it does for all other exemptions). Corolla or any other member of the administration sitting alongside the board in that committee would appear to also violate the separation between elected officials and the administration, as it would be identical to a board member sitting on a procurement committee for, say, a construction bid on a new school (which, of course, would be patently illegal).
The School Board’s own previous search for an attorney in 2006 was open. Back then, it replaced Chiumento and Associates, as that firm was known at the time, with Jacksonville-based Gobelman, Love, Gavin & Wasilenko. Kristy Gavin began representing the board then, when she was still with the firm. The process was also open in 2009 when Gavin and the Chiumento firm again vied for the contract, which Gavin retained. The following year, she became the district’s in-house counsel. The current board fired her in January, citing general, vague and at times false “causes.”
Pursuant to state law, Gavin had said in mid-January, just before her firing, “legal services, including attorney, paralegal, expert witness, appraisal or mediator services are not subject to the competitive-solicitation process. But that does not mean that the competitive-solicitation process cannot be used.” It just not clear why Corolla or the board opted to define the search for a new attorney through a competitive-bidding process, though it fits this board’s predilection for secrecy and chronic contempt for openness. In November, Will Furry, who chairs the board, was openly critical of Gavin and the district for following the open-record law, saying documents should be censored even if it invites a legal challenge.
The district has yet to release numerous records requested, some of them as far back as last fall, regarding board members’ correspondence in the firing of Gavin, and regarding litigation with a teacher–now a dean–with whom it settled a long federal case, with monetary damages.
At an October 2 meeting of the County Commission, County Attorney Al Hadeed, a local expert on the Sunshine law, tutored the commission at length about the proper and improper–or illegal–ways to hold closed-door meetings. (See the tutorial here.) Many of those requirements are not followed by the school board. (For example, when the board holds closed sessions, the meetings have to be strictly constrained to the subject at hand. The start of a closed session has to be announced ahead of time in an open meeting. The end of a closed meeting has to again be announced in an open meeting. The school board typically does not follow those legal steps.)
Both the board and the Palm Coast City Council have lost their attorneys of long date: Garganese, Weiss, D’Agresta & Salzman, the Orlando law firm, opted to end its decade-and-a-half relationship with Palm Coast last fall, remaining in the attorney’s chair as long as the city needs to fill it with a replacement. Gavin’s firing follows closely the school board’s pushing out former Superintendent Cathy Mittlestadt.
The City Council last week held a 90-minute special workshop where four law firms presented in their bid to fill the attorney’s chair: Douglas Law Firm of St. Augustine, Fishback Dominick Attorneys of Winter Park, GrayRobinson, a statewide law firm, and Vose Law Firm of Winter Park, which has represented Bunnell since 2013, along with many other local governments in Florida.
GrayRobinson and Douglas Law Firm are the only two applicants at the school board. While the board has refused to disclose the two applicants’ materials submitted to the district, the two firms submitted presentations to Palm Coast (see Douglas here and GrayRobinson here). Vose and Fishback did not submit presentations.
The School Board held a meeting on its two applicants in January. That meeting was not streamed, as board workshops and meetings usually are. (It was audio recorded, but is impossible to find online.) Three board members–Furry, Christy Chong and Sally Hunt–went with Douglas as their first choice, GrayRobinson as their second. Colleen Conklin and Cheryl Massaro went with GrayRobinson first. Hunt later appeared to change her vote, preferring GrayRobinson. (Douglas was proposing a flat monthly fee of $9,500, not including travel, hearings or other matters outside the normal scope of meetings and routine work. GrayRobinson’s fee was unclear.)
Douglas Law Firm is pushing heavily on both governments the fact that one of its attorneys, Marcus Duffy, is a Flagler County native and a Flagler Palm Coast High School graduate. It was Duffy who presented to the council. The School Board was hesitant about Douglas Law Firm because of Duffy: Hunt wanted a law firm whose attorneys would not have any potential conflicts of interests in Flagler County, by having previous connections here. “I’m going to change my ranking at this point in time only because Douglas is that kind of potential issue with Flagler,” she said.
The proposed fees to Palm Coast, as discussed at last week’s meeting, are as follows:
Douglas Law Firm: Fixed monthly retainer of $30,000 plus an hourly billable rate of $250.
Vose Law Firm: $75,000 fixed monthly flat fee.
GrayRobinson: $58,000 fixed monthly retainer.
Fishback Dominick Attorneys: Based on a 20-hour retainer of $4,500 a month (4225 an hour), then $275 an hour after the 20-hour mark is crossed.
The four law firms’ presentations to the council are in the video below.
Dennis C Rathsam says
Fanni Willis will soon need a job, she,d fit right in.
Callmeishmael says
And none of this firms are pointing out potential Sunshine Law violations by the school board? Why would they be willing to participate in a meeting that violates the law?
JimboXYZ says
Two different situations ? One a force out (School Board), the other like an insurance company that sends a non-renewal letter (City of Palm Coast ?). That’s rather odd that a legal representation would elect to end a client’s contract, unless the contract involved an inflationary compensation that was out of line.
Remember this is the same City of Palm Coast that had a lowest bidder for Waste Collection & Disposal, yet still went with a higher bidder when Waste Pro still won the lowest bid process. I don’t think the current Waste contractor is any better than Waste Pro ever was. I find the new one shows up randomly for schedule & how much debris they remove, but taxpayers are paying more for what we were already getting for service. All part of the Biden r4eboot of the last 4 years. And I end up picking up neighbor’s garbage out of my yard 2X a week.Makes you wonder if the new garbage collection has ever been fined ?
But this is legal representation contract, what are the circumstances behind vacating the contract or non-renewal ? What was the prior contract vs new proposals ? Would need to know those details before praising that City of Palm Coast is doing anyone any service/disservice for legal representation ? If it’s like the Waste Service, perhaps this is merely & still yet another fumble of governance by Alfin & Company ?
Again says
I was gonna ignore your comment but then you mentioned Biden (dont care much for him either but). It just shows the idiocy of this county. Isnt this a red voted school board? How can Biden be to blame? They dont like him either lol. Just shows how much the residents stop and think before they act. Also shows how politics isnt filled with the smartest people either they just like the people to think they are. Im neither red nor blue but that comment was indeed ironically funny.
Laurel says
Again: Then you will be amused Again and Again.
Nephew Of Uncle Sam says
What in the Sam Hoot does President Biden have to do with the garbage pick-up here created by the Republican led Palm Coast City Council. Keep beating that drum for your 91 time indicted convicted rapist savior. As for the garbage blowing in your yard welcome to the club, my MAGA neighbor refuses to pick up their garbage after their can blows over letting it go all over the neighborhood.
The Sour Kraut says
How did Biden get involved with Palm Coast trash collection? Cut back on that funny weed you’ve been smoking.
Gus says
Wasn’t Biden a garbage man once?
Kendall says
Additionally, the city of Palm Coast has absolutely nothing to do with the School Board. They are two completely separate entities that do not have control over each other. And neither are overseen by the President of the United States.
You need a civics lesson and maybe to stop watching Q videos.
Fed Up says
I pay taxes in Palm Coast, which of course includes school taxes. Nothing short of complete transparency is acceptable.
This shit show has gone on far too long.
Tim says
Furry, Chong, and Hunt are the worst things to ever happen to our schools. We see what glitzy campaign signs get you!
Laurel says
Apparently, law and order is not a priority for the board. I cannot believe they are still there!
YankeeExPat says
In juxtaposition to the old little kids story book
“Palm Coast , the little town that couldn’t “
Ed P says
Wondering if they are not hiding anything, but want to prevent this from being a circus of sorts or a media free for all. Legal advice is never cheap and usually worth the fee, but to the average tax payer is going to appear to be excessive and wasteful.
In private business, I have paid billable rates per attorney $1000/hr with maybe 2-3 attorneys at a bit lower rate and usually a paralegal, bring the hourly rate to $3000/hr.
In one personal business situation it was not unusual to be billed $40,000-$60,000 per month from my selected firm. Retainers and hourly rates fluctuate widely based on the firms caliber of “experts” and pedigree.
My motto is “hire the best you can afford, because you can’t afford not to.”
Laurel says
EdP:
1.) The Sunshine Law is the law of the State of Florida.
2.) Gavin was doing a good job at a reasonable rate.
Ed P says
Laurel
Consider this: maybe they are following the Sunshine law during the preliminary stages of their search.
Maybe Gavin was not as “good” as the cheering squad reports.
I don’t know either answer but why do you feel everyone is wrong, misinformed, or worse yet conspiring in the shadows?
The majority of the posting community here reads Pierre’s article and then spews some response. His mission is not to just report the facts. Flagler Live is left leaning and at times shrill, leading us to a conclusion that may not be 100 % accurate.
Even when someone presents you with a correction, you deflect and post something else. At the very least, look beyond the obvious.
Laurel says
My husband was a commissioner in south Florida. Neither he, nor I, can believe this group is not being investigated.
John says
Screw the school board they are a bunch of dummies !!!