news Madeira Beach Commissioners Remain in Legal Battle
The Lawsuit, Alleging Sunshine Law Violations, Names Mayor and Commissioners By Mike Sunnucks
CITY OF MADEIRA BEACH
The lawsuit alleges the Madeira Beach mayor and some commissioners circumvented open government laws.
The City of Madeira Beach has been dropped from a lawsuit challenging the beach town’s process for hiring a new city attorney. The lawsuit, brought by William Gay, still names Madeira Beach Mayor John Hendricks and Commissioners Doug Andrews, Nancy Hodges and Helen ”Happy” Price as defendants. Gay is suing over the mayor and commissioners’ decision to hire Thomas J. Trask and his law firm Trask Daigneault LLP as city attorney in 2020, arguing the process violated Florida’s Sunshine Law. Florida’s Sunshine Laws require public meetings and transparency for government decisions, including personnel hires and procurement. The Madeira Beach Board of Commissioners approved Trask’s hiring and a retainer plan at a meeting in 2020. Gay argues the approval runs afoul of state transparency laws. Trask previously served as city attorney in 2015; he resigned in 2017. He also does legal work for other Pinellas County jurisdictions. He succeeded Ralf Brookes as Madeira Beach city attorney. Brookes served in the post from 2017 until being dismissed by the commissioners in April 2020 before Trask’s hiring. The lawsuit points to city meetings in 2020, a request for proposals (RFP) for legal services and the appointment of Trask last year as violating the state’s Sunshine Law. “In the past, the city always held public meetings with candidates during the selection process for filling a city attorney vacancy. At those meetings, the commission and the public were present during the interviews of all candidates by the commission as required by the Sunshine Law. The entire selection process during past city attorney appointments was conducted in public via no-
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ticed public meetings,” Gay contends in his lawsuit filed in Pinellas County Circuit Court in October. The suit contends Madeira Beach officials held private meetings with Trask and potentially other city attorney candidates. The suit also contends legal retainer fees were also negotiated privately. “The commissioners violated the Sunshine Law by holding private unnoticed interviews with Trask for the purpose of selecting a city attorney and negotiating his retainer,” Gay contends in his lawsuit. Gay’s attorney – Marcy LaHart – referred the case to her client. He has not yet responded to those requests. The City of Madeira Beach, mayor and commissioners filed for motion to dismiss the case Nov. 10 arguing the lawsuit “failed to properly plead a cause of action on behalf of the ‘citizens of the city’ and questioned where the court had jurisdiction over the local government’s decisions. LaHart filed a motion with the court on Nov. 30 to remove the city from Gay’s lawsuit. She said the civil case continues against the mayor and named commissioners. Madeira Beach officials and attorneys either declined comment or did not respond to requests for comment from The Gabber. “I would love to talk about this, but have been advised by our city attorney not to have any comment until the case is resolved,” Hendricks said. Price and Hodges also declined comment on the case. Trask also declined to comment on “pending litigation.” Commissioner David Dean Hutson is not named in Gay’s lawsuit. Public officials and others who violate Florida’s Sunshine Law could face fines, suspension or removal from office and potentially misdemeanor charges.
theGabber.com | December 9, 2021 - December 15, 2021
