HomeMy WebLinkAbout1999 06 22 Reports Item 1
. Date: 06221999
This Document was distributed under "Reports"
on 06/22/1999 (Continuation of Regular City
Commission Meeting from 06/14/1999).
FROM:
Commissioner Miller
June 21, 1999
SUBJ: THE MAYORS LAWSUIT AND THE CITY ATTORNEY QUESTION.
TO: Paul P. Partyka, Mayor
City of Winter Springs
Mr. Chairman,
Once again I call on you to show the maturity and leader-
ship expected of you as the senior elected official of this
City, and end the saga of your law suit against this City.
For two years now, you have deliberately taken a stand
adverse to the unanimous position of this Commission.
refer here to your lawsuit against this City, in which you
cavalierly insist only you have the unilateral right to
hire and fire City attorneys whenever it suits your whim.
Your position is wrongheaded. The courts have advised you
of this. Our Charter does not provide you with this
authority, and your court case challenging the Charter of
this City has already cost the taxpayers of Winter Springs,
over $32,000.
Your lawsuit was recently rejected unanimously in a 3 to 0
vote by three Justices of the 5th District Court of
Appeals. That Court also rejected your request for recon-
sideration of your case. That Court unanimously found that
the Charter of the City of Winter Springs is a Mayor-weak
form of government. The Court concluded that the City of
Winter Springs Charter allows you, as Mayor, only to recom-
mend that the Attorney be terminated, but that your recom-
mendation must be ratified by the City Commission.
, was advised last Friday, that you have now appealed the
high courts decision to the Supreme Court of Florida. Let
me make it unequivocably clear that the taxpayers and vot-
ers of Winter Springs are intensely annoyed by your conti-
nuing stubborness in this instance, because of the associ-
ated cost to the City required defend its Charter. Espe-
cially because you have also publicly refused to repay a
penny of these costs to the City. I am told by many that
you are the only Mayor in 40 years who has deliberately
chosen to misunderstand the Charter. Even after a unanimous
decision of 3 to 0 against you by three high court jus-
tices, you still refuse to understand.
page 1 of 3
There is another point I would also like to clear up at
this time. You have stated repeatedly from this dias that
the City's relationship with its attorney for the past 18
years has only been with one Attorney in his personal
capacity. And since that attorney was not present, we
should find another. This Commission has never concurred
with your interpretation. Recently, you stated publicly
that you had proof to support your case. You will recall
that I asked you for copies of this proof.
I have reveiewed the three documents you provided to this
Commission: these do not support your case. In fact they
refute your argument. They clearly show that for more than
two decades now, the City of Winter Springs has never had
an exclusive agreement with anyone attorney, but rather,
with a series of law Firms:
1. Prior to November 1982 (18 years ago) the
city of Winter Springs dealt with the law firm
of Peooer. Kruooenbacher. Hamilton. and Sheetz.
(See Enclosure 1)
2. Until September 1988, (12 years ago) the
city of Winter Springs dealt with 8ryant.
Miller. Olive. Lan~. and Kruooenbacker. It is
also noteworthy here to point out that the name
of Mr. Thomas Lang also appears as City Attor-
ney on City Hall's 1984 memorial bronze wall
plaque outside in the lobby of this building.
(See Enclosure 2)
3. Until May 1990, the City was dealing with
the law firm of Parker. Johnson. Owen. McGuire.
Lan~ and Kruooenbacher. (See Enclosure 3)
4. Since May 1990, the City has been dealing
with the Firm of Kruooenbacker and Guthrie.
Let me conclude my remarks by repeating that the voters and
taxpayers of Winter Springs are intensely disappointed with
your lack of maturity as Chairman of this Commission. They
are saddened by your refusal to acknowledge the Courts
decision. They are annoyed by your cavalier attitude
regarding the waste of their taxes for your lawsuit. Most
eggregious, is their frustration over your continuing
refusal to work smoothly and harmoniously with this Commis-
sion during one of the most critical times in the develop-
ment of the City of Winter Springs.
page 2 of 3
Once again, Mr. Mayor, for the third time, I publicly ask
you to end this divisive effort of yours which continues to
keep you at odds with the will of the people of winter
Springs.
Robert S. Miller
Commissioner
City of Winter Springs
3 Encls: 1. Ltr of November 23, 1982.
2. Ltr of September 9, 1988.
3. Ltr of May 25, 1990.
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I am submi
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p rties.
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L~*o TORCASO
l~o. TY mF WINTER SPRINGS COMMISSION MEMBERS
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~ C. KRUPPENBACHER,
EPPE , HAMILTON & SCHEETZ
he Cbuncil will be billed $75.00 an hour for
11 l~tigation, legislative liason work,
dmin~strative appearances, and extraordinary
; eure~entation of the Council.
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1\1111 b 11s are to be itemized and are to be submitt(~d
to1the ity Manager for processing.
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~nyi s bjsct matter not addreBsed by this proposal
b~11ed in accordance with an agreement between the
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1982
oposal
jundtion with our appointment as City Attorney,
the following proposal for compensation for
ces::
$390.00 retainer be provided for attending
11 tegularly scheduled meetings.and workshops
f. t~e City Council.
he douncil will be billed $50.00 an hour for
11 ~ime spent in researching questions posed
o tHe City Attorney and for all time spent in
outine activities such as reviewing deed
estrictions and land use proposals, attending
pecial sessiona, attending conferences on behalf
f the Council and at the direction of the Council
nd d[sposing of routine City business including
ego~iations on behalf of the City.
FRANK C. KRUPPENBACHER
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CM::L.ocuttE. f
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y of Win erj S
6 E. Stae Ro
ter Spri 'gSr
Re: L ga~
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lie nfirm our discussions and verbal representations
o~m'ssio~ regarding our legal services for the
ris r3ng., Florida.
squssed, we have been honored to serve the City
irlgs for seven or more years wi thou any fee increase.
u~in sses however, costs have finally caught up
e Ino must increase our rates fer services. Per
n~ t e rdte increase will be effective October
riat indrease will be as follows:
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1. $9' .qo
gation, l~st
xpenses i 1
pIes or 'osts
ing char, eSI'
2. A 50~. 0 per month charge for attendance at City
ission m et n s.
3. $9;.0
lit gation, ,lu
uti ity work; e c
be n accord nc
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MICHAEL O. \VII... .......
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LAW or"'CES
1', MILLER, OUVEI L.\.No "U;n KRUPPENBAOHER
~o WEST I.UCtRNE CIPel.1i: (321101)
POST orr'CE BOX 3:US7 (3~lSOC'33IPl
OMLA.HI;)Q, FWIlIDA
(0407) 4i:3.eClil
Nltw VO~K orl"'CI:
tOO w,,\.~ .TJlEET
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September 9, 1988
TAI.I.A..U.....:1: O"'I"'CI:
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ty Manager
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988. Th'
for City of Winter Springs, Florida
er Hour for all legal services rendered including
costis and expenses. As always, no costs
e incurred without your prior approval.
or ~xpen8es are COUrt reporters, filing fees,
elephone charges, etc.
er hour for all legal services rendered including
osts' and expenses, associated with the City's
udin9 any bond-related matters, which shall
ith bur existing practice.
elJ~SrJteE 2..
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S tember 9, ~988
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Should y~u
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sirlcerely appreciate the opportunity to represent
r Springs, and we look forward to our continuing
ave :any questions about this or any other
sitate to call.
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,1;ARKEll". J
MIQiAUD ·
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Ooi4ll<lo O/K.
1300 eAA.~TT 1'I..4.ZA. :WI SOU111 ORA~GE A\'f::-'U. ORlA:-:oo. P1.Oll:o.o. 3~801
TELEP!<<)!o,l: (107) '13.1910. FAC51MI:..E: (~7) +JJ.JI+C
110<. 1b1Cl~ OJ.ft
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THEPHO~: (-107) 3Q2.0,..0 . PACS1:.i1l!: :<07) 19Z-C:l82
Accorneys ac uw
R.a:p" v. t'~lcy. 11I
Wil1jpm E Joh:lson
Fnor.k C. Kruppenba:her
Thomas 1'. J.ng
H. )otep!l ~<:G...il'
Swn H. M:.::haud
j. Scott M;uphy
Ronald M. Owen
E. day Pifker
Armando Il Payu
Mlcl\tel 0. W~ham~
Elmo R Hor..nan
0' (ooNSt!.
P:I\L BUStt/T'.1M
WmlQm E Curpney
Mnk C. [JQbQld
James T. Fc:nm
Brl~n S. l'Cllt
U:'lY t lOn;
Al.n]. t....nd=an
Pilmr!a A Msrk
Michad K :':i~rlemQ~~
Mark L Orni~\n
H. Cla)' P.trl<:r
Wilii;m T. Foshko
Ker.ncth R Segl\1
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Rich rJ R
City Mana er
City o~ W'nterl Springs
1126 E~6t S.R. 434
Wint' r ISP ings, FL 32708
R~ch
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r ! s time, Frank Kr'.1ppe:r.bacher has worked on you:c
beha f ias r:lembe:c of Parker, Johr:.eon. Frank and the firm
havela~re d to concl~de their relationship effective 5:00
p.m.~ May 18, 1990. Mr. Kruppenbacher will be associating
\\1ith a ;ne T law firm. Until othenv-ise notified through tv!r.
Krup etiba her, any w~itten or. telepho~ic communication
dire te!d 0 him should be sent to the following address:
'~~fEnWrr~
JUN 1 J990
May 25, 1990
CIJY of W/{HEIi ~PRjNG3
.TY MANAGER
CfS~ U,,~~l'1c,~
..!..dQtUd!i~lt'!n:
?05T OFFICE BOX 286,
Ol\lA~DO. FLOllJDA 32 02
F an!k
1 5 :We
O'land
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MJ. ! K uppetlbacher has informed the ::.lrm that on or
aboud M~y 17, 1990, he received written a~thorization that
all 1Wiht r Springs matters be released from further
repr sert tion by this firm effective May 18, 1990 at 5:00
p.m. !
D rihg the ensuing several days, this firm, in
conj nCfi n with Frank, has taken an inventory of pending
matt rSiw ethet opened or closed.
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All op n and closed files are being transferred ~o Mr.
Krup enba her' t; new location no later than Tuesday or
wednesdty, May 29-30, 1990.
mat ers that were being worked by attorneys other
rl rupp~nbacher directly or under his assistance,
. Kruppenbacher, Esquire
C~ntral Boulevard, Suite
( FL 32801
ne: 648-1544.
1100
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a d ms have been completed on all such files, ~rhese
S r port~s have been provided to Mr. Kruppenbacher,
i n 11y, this firm recognizes your desire to transfer
ait rs t~ Mr. Kruppenbacher effective May 18, 1990 at
p m.
. b Ils for fees and expenses incurred through the
i n of transfer of the files and 'toTithdrawal of
nation by this firm will be forwarded to you under
e ove~. Both Mr. Kruppenbacher and this firm have
t at p~yment of all 6uch bills should be remitted
e ,Johnson. In addition, prior to the bills being
r Krbppenbacher and representatives of Parker,
.11 ~eview all bills for accuracy, necessity, and
n bl nesd. This will be done prior to any bill being
t ou ~or payment in order for you to be ass.ured
t e feet and costs for services rendered are as
a e nd rleasonable as possible.
I d itioh, o'J.r Bookkeeping Department is cur:-ently
revi' w'ng all past billing to determine if there are any
"out tand ng ~CCounts receivable" which may have Occurred
eith' r it rough lack of payment or partial payment. If
SUCh~1 is he dase, representatives of Parker, Johnso::l in
conj ndt,ti n wIth Mr. Kruppenbacher will meet and di9C:.lSS
thee' . u stantiing balances to insure accuracy from the
firm s ,s andplbint. Also , during the -:ransi tion, i 1: is
poss, blle hat cost items ,,,hich have been inc\..:rred but r:ot
yet ec~i ad by Parker, Johnson may not have been included
in t e Ifi al tlill. You \-,ill be billed separately if that
situ tibn arises either by Parker, Johnson or Hr.
Krup~enba her'~ new firm. We are hopeful that all bills
will b~ compaeted no later than May 31, 1990. If
quee'iops arise Over the bills, you need to jointly
comm ni}a e with this firm as well as Mr. Kruppenbache=.
No bl,ll m y be' changed without approval by this firm.
D~ri 9 our joint meeting with Frank, we have gone over
ever c ive and closed file for the City. Frank has
assu edlU that all matters have been accounted for and he
will rete ve these matters as discussed above.
sJ~c e did not have the opportunity to discuss this
trans~c i n with you prior to receipt of your authority
for Ja, s er df files, we are, therefore, asking you to
acknd Itd e receipt of this letter and return a signed a
copy o!t e fi~rn as well as Mr. Kruppenbacher. That way,
all art'es ban be assured that the tran~ition is
SUcce sIu and: complete. Enclosed is a self-addressed,
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"pARKER ·
. MIC~UO!
and two copies of this letter for your
~ e e are various matters in which litigation is
pend' n$, which will result in this firm having to draft
moti n1 0 withdraw and for substitution of counsel.
o e alf of the firm, we wish to thank you for your
nume 0 s courtesies and professionalism shown during the
time tha the firm has been handling your matters. We
appr! ciate th~ trust and confidence that you have shown in
th~ itm as well as your patience and cooperation during
th16 pdri d o~ transition.
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Very truly yours,
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OWEN, MCGUIRE,
By:
above.
Manager
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