April 26, 2010
VIA EMAIL TO:
Fran Barford, Mayor
City of Anna Maria, Florida
P.O. Box 779
Anna Maria, FL 34216
ammayor@cityofannamaria.com
Jim Dye, City Attorney
City of Anna Maria, Florida
P.O. Box 779
Anna Maria, FL 34216
amattorney@cityofannamaria.com and
jdye@dyefirm.com
John Quam, Commission Chairperson
City of Anna Maria, Florida
P.O. Box 779
Anna Maria, FL 34216
amcommquam@cityofannamaria.com
Charles “Chuck” H. Webb, Commissioner
City of Anna Maria, Florida
P.O. Box 779
Anna Maria, FL 34216
amcommwebb@cityofannamaria.com
Jo Ann Mattick, Commissioner
City of Anna Maria, Florida
P.O. Box 779
Anna Maria, FL 34216
amcommmattick@cityofannamaria.com
Dale Woodland, Commissioner
City of Anna Maria, Florida
P.O. Box 779
Anna Maria, FL 34216
amcommwoodland@cityofannamaria.com
Alice Baird, CMC
City Clerk
City of Anna Maria, Florida
P.O. Box 779
Anna Maria, FL 34216
amclerk@cityofannamaria.com
Re: Commissioner Harry Stoltzfus and Reimbursement of Legal Fees Incurred
in Defense of Recall Effort
Dear Commissioners Quam, Webb, Mattick and Woodland, Mayor Barford, Ms. Baird and Mr. Dye:
As you may already know, I have the honor of representing Commissioner Harry Stoltzfus.
As you also know, Commissioner Stoltzfus is presently the subject of an effort to recall the
Commissioner pursuant to the municipal recall provisions of Fla. Stat. §100.361. The recall action, ostensibly initiated by Mr. Bob Carter, was announced publicly on April 15, 2010.
This correspondence is to advise the City of Anna Maria (hereinafter, the “City”) that
Commissioner Stoltzfus will seek reimbursement from the City of all attorneys fees, costs and legal expenses incurred by him in defense of this recall effort. Commissioner Stoltzfus is entitled to such reimbursement as a matter of right under the law of Florida. Accordingly, the City should begin planning immediately for what may be a potentially significant financial liability.
Commissioner Stoltzfus will seek reimbursement from the City of all attorneys fees, costs and legal expenses incurred by him in defense of this recall effort. Commissioner Stoltzfus is entitled to such reimbursement as a matter of right under the law of Florida. Accordingly, the City should begin planning immediately for what may be a potentially significant financial liability.
As Mr. Dye will no doubt confirm for you, the Commissioner’s legal entitlement to
reimbursement of his attorneys fees and costs incurred in the defense of a recall effort is
established under the common law of Florida, as discussed in detail by the Supreme Court of
Florida in the case of Thornber v. City of Fort Walton Beach, 568 So.2d 914 (Fla. 1990). As
acknowledged in Thornber, Florida courts have long recognized that public officials are entitled to legal representation at public expense to defend themselves against litigation arising from the
performance of their official duties while serving a public purpose. The purpose of this common law rule is to avoid the chilling effect that a denial of representation might have on public officials in performing their duties properly and diligently. This entitlement to attorneys fees arises
independently of any statute, ordinance or municipal charter.
reimbursement of his attorneys fees and costs incurred in the defense of a recall effort is
established under the common law of Florida, as discussed in detail by the Supreme Court of
Florida in the case of Thornber v. City of Fort Walton Beach, 568 So.2d 914 (Fla. 1990). As
acknowledged in Thornber, Florida courts have long recognized that public officials are entitled to legal representation at public expense to defend themselves against litigation arising from the
performance of their official duties while serving a public purpose. The purpose of this common law rule is to avoid the chilling effect that a denial of representation might have on public officials in performing their duties properly and diligently. This entitlement to attorneys fees arises
independently of any statute, ordinance or municipal charter.
As also noted in Thornber, Commissioner Stoltzfus’ defense against this recall effort serves
a public purpose. While the City does not have any interest in the outcome of a recall petition
because any individual, not any specific person, can be the officeholder at issue, the City does have a decided interest in protecting its officers from untimely and illegal recall petitions. In short, the Cityhas an overriding interest in ensuring the effective and efficient functioning of its governing body. The public has an interest and the City has the responsibility to ensure that the recall committee follows proper procedures and that, among other things, the recall petition is legally sufficient. In short, Florida law recognizes that an elected official should not have to incur personal expenses to ensure that a recall committee follows the proper procedures.
a public purpose. While the City does not have any interest in the outcome of a recall petition
because any individual, not any specific person, can be the officeholder at issue, the City does have a decided interest in protecting its officers from untimely and illegal recall petitions. In short, the Cityhas an overriding interest in ensuring the effective and efficient functioning of its governing body. The public has an interest and the City has the responsibility to ensure that the recall committee follows proper procedures and that, among other things, the recall petition is legally sufficient. In short, Florida law recognizes that an elected official should not have to incur personal expenses to ensure that a recall committee follows the proper procedures.
For these reasons, Commissioner Stoltzfus will, at the conclusion of the current recall effort,
be submitting a demand for reimbursement of all attorneys fees, costs and legal expenses incurred by him in connection therewith. We are providing this notice to the City as a courtesy now, so that you may take such actions as may be necessary or prudent with respect to this matter.
be submitting a demand for reimbursement of all attorneys fees, costs and legal expenses incurred by him in connection therewith. We are providing this notice to the City as a courtesy now, so that you may take such actions as may be necessary or prudent with respect to this matter.
Please feel free to contact me should you have any questions.
Very truly yours,
ALLEN DELL, P.A.
Richard A. Harrison
Board Certified in City, County &
Local Government Law
Richard A. Harrison
Board Certified in City, County &
Local Government Law
cc: Commissioner Harry Stoltzfus via email to amcommstoltzfus@cityofannamaria.com
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