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Home My WebLink About2001 10 08 Regular K Unpaid Bill COMMISSION AGENDA ITEM K Consent Informational Public Hearing Regular X October 8, 2001 Regular Meeting /L-~ Mgr. I ~t. Authorization REQUEST: Commissioner Robert S. Miller is requesting the City Commission consider the unpaid bill of $1278.21 requested of Mayor Paul P. Partyka in an invoice from the City of Winter Springs dated November 16, 1999 and approved by the City Commission on November 29, 1999. PURPOSE: The City Commission is being requested to consider whether Mayor Paul P. Partyka should pay the currently unpaid bill of$1278.21. On November 29, 1999, the City Commission requested that this be paid. CONSIDERATIONS: City Manager Ronald W. McLemore forwarded a Memorandum to Mayor Paul P. Partyka on November 29, 1999 regarding this reimbursement. As stated in the Memorandum, "The invoice represents the current costs that past City Attorney Robert Guthrie opined were eligible cost for the city to recover from the city's $40,641.62 defense cost." CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2001 REGULAR AGENDA ITEM uK" PAGE20F2 RECOMMENDA TION: A suitable recommendation might be: "That not later than Friday, September 28, 2001, Mayor Paul P. Partyka reimburse the Finance Department of Winter Springs for the invoiced amount of $1,278.21 for his portion of taxpayers funds spent to defend the City of Winter Springs against his law suit regarding his unilateral right to fire the City Attorney any time he chose. Furthermore, that if Mayor Partyka does not pay this amount by September 28, 2001, that it be automatically deducted from all future Mayoral salary until the amount is repaid in full." ATTACHMENT: A. A copy of a letter dated September 19, 2001 to City Manager Ronald W. McLemore from Commissioner Miller, and enclosures. COMMISSION ACTION: ATTACHMENT "A" September 19, 2001 To: Ron MacLemore, City Manager, Winter Springs Subject: Mayor Partyka's 22 month old unsettled $1,278,21 legal bill. Request you place the following item on the City Commisions Agenda of September 24, 2001 as a Regular or Consent item. The August 2001 issue of Tuscawilla Today, reminded taxpayers that Mayor Partyka frivolously involved the City of Winter Springs in two frivolous law suits, both of which he lost. The two law suits cost taxpayers over $100,000.00. "Can we continue to absorb such large sums of money," for Mayor Partyka's continuing escapades the August article asked? This raises another question? The Mayor's still unpaid reimbursement to the City of Winter Springs of $1,278.21 for the first of the above suits he lost. Twenty two months ago, in November 1999, this Commission asked the City Attorney to determine what portion of the City's total outlay of $40,000 of taxpayers money to defend the City Charter against Mayor Partyka's senseless attack should be determined so that he could settle his obligation. The City attorney informed this Commission on November 16, 1999, that Mayor Partyka should reimburse the city treasury for $1,278.21. The City Commission on November 29, 1999 instM.lcted the City Manager to obtain reimbursement of the $1,278.21 from the Mayor. Seven months later in June 2000, and this Commission demanded to know why Mayor Partyka had still not paid? He dismissed the inquiry by responding that the invoice was with his attorney. Today, twenty two months Mayor Partyka's obligation is still unsettled. As Mayor of Winter Springs, he must strive to adhere to the highest ethical standards expected of those who serve this office, and not the lowest common denominator. The people of Winter Springs are annoyed that he has still not settled his unpaid debt to the City. Taxpayers are also upset that the City Manager has not brought this matter to the Commissions attention a long time ago. I am therefore asking this Commission to support the fol/owing motion: "That not later than Friday, September 28, 2001, Mayor Paul P. Parytka reimburse the Finance Department of Winter Springs for the invoiced amount of $1,278,21. for his portion of taxpayers funds spend to defend the City of Winter Springs against his law suit regarding his unilateral right to fire the City Attomey any time he chose. Furthermore, that if Mayor artyka does not pay this amount by September 28, 2001, that it be utomatically deducted from all future Mayoral salary until the amount is repaid in full." ~~ obert S. Miller. Commissioner, District 1 City of Winter Springs Encl: Memorandum November 29, 1999 and invoice for $1,278.21 Cys: City Commission, Mayor, City Attomey. CITY OF WINTER SPRINGS, FLORIDA Ronald W McLemore City Manager 1126 EAST STATE ROAD 434 WINTER SPRINGS, FlORIDA 32708-2799 Telephone (407) 327-1800 MEMORANDUM To: Paul P. Partyka, Mayor RW' From: Ronald W. McLemore, City Manager Date: November 29,1999 Re: Legal Cost Reimbursement .... ~ As directed by the City Commission r am providing you with an invoice for reimbursement of the city cost associated with the city's defense of the lawsuit between you and the City Commission in the amount of$l, 278.21. The invoice represents the current costs that past City Attorney Robert Guthrie opined were eligible cost for the city to recover from the city's $40,641.62 defense cost Ijp cc: Commission Attachment U:\Docs\Word\Memos\NOV99\Mayor legal Cost .doc - .,- . CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327-1800 INVOICE November 16, 1999 Billed to: Paul P. Partyka 684 Oswego Court Winter Springs, FI 32708 Costs assessable against losing party in Court Appeal - Mayor v. City Commission Costs assessable at the appeal level: Appellate filing fee Appellate Clerk's fee Certified Copy Cost Court filing fee T elecopier charges Photocopies $ 250.00 67.00 8.00 65.10 378.96 509.15 TOTAL $1.278.21 Please make check payable to: City of Winter Springs ". .=~~J CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 OFFICE OF THE MAYOR PAUL P. PARTYKA September 24, 2001 Dear Commissioners: I resent Commissioner Miller's letter dated September 19, 2001 that refers to an error-filled article in the August issue of Tuscawilla Today. To say that Mayor Partyka frivolously involved the City in two lawsuits is wrong and is not mindful of what truly had happened. The first issue concerning the city attorney termination started as asking the courts for a summary judgment that was decided by the circuit court in favor of the mayor's authority to remove. Then the appellate court reversed it. A different decision but in either case not a frivolous suit that had no basis in fact. Ultimately, our current situation is better for it. We have a new attorney and the new charter is very clear on this issue. On the second, again the article is wrong and the actual issues involved had very serious consequences and implications on the city and the city commission. I am not at liberty to speak per the agreement that all parties agreed to in the settlement of that suit. The city attorney can confirm this fact. Again, this was not frivolous matter. Now to the bill of $1 ,278.21. First of all there are two parts to it as stated by Robert Guthrie in his memo to Mr. Martin on 9/23/99. The first are costs that are clearly assessable, which amounted to $390.10 and those that are less clearly assessable which amounted to $888.11. In reviewing this with my attorney at the time, there could have been a case made that none of these should apply for various reasons. Regardless, the $888.11 would not be paid because it was not appropriate. But to end this matter, the list of "costs clearly assessable" in the amount of $390.1 0 would be paid. My intent was to have this taken care of. Inadvertently, it was missed on a big pile of papers that I had on my desk. My plan is to have this paid by the end of October. As Mayor, you can question my politics or whether my opinion is good or bad, but I resent anyone questioning my ethics. My motives and actions continue to focus on what is best for the city and I will continue to do that to the highest standards. CC City Manager, City Attorney (hs ~c; ~.J O~ .r-,,- IO{8(Ol L{~ l'ole-C ~ II (j)- ~ \'d.z'1 ~~LJ ~ ~u for your attention. paUIP.f! Mayor ~-. -; .i LAW OFFICES FRANK KRUPPENBACHER A Professional Association Frank Kruppenbacher" Robert D. Guthrie P.O. Box 3471 Orlando, Florida 32802-3471 790 North Orange Avenue Orlando, Florida 3280 1 Te1ephone (407) 246-0200 Facsimile (407) 426-7767 · Also Admitted in Colorado NffiMORANDUM ./ / DATE: September 23, 1999 TO: Harry Martin, Finance Director City ofWmter Springs FROM: Robert D. Guthrie, City Attorn RE: Costs Assessable Against Losing Partin~ in Court Appeal- Mayor v. City Commission Thank you for promptly reviewing the costs to date with me pursuant to the direction of the City Commission. I have been remiss in responding in writing to you regarding which costs are legally assessable against the non-prevailing party in an appellate action. I respond in this memorandum. The costs discussed are the costs incurred by the City in the appeal from the decision of the Circuit Court in and for Seminole County to the Fifth District Court of Appeals in Case NO.98-1856. As a general rule, costs may be awarded for the services of public offices such as the clerk, sheriff, and court reporters when the reporter attends a trial, other court officers, for premiums on required bonds, witness fees, depositions, expert witness testimony and preparation, photographs and documentary evidence. As a general rule, attorneys fees are not a taxable cost, absent a statUtory authorization or a contract provision or the lack of any justifiable fact or law. So even though the City's attorneys fees have exceeded $20,000.00 to date, these attorneys fees do not appear to be legally allowable costs taxable against the losing party in the litigation. Costs clearly assessable against Paul Partyka at the appeal level include: Appellate filing fee Appellate Clerk's fee Certified Copy Cost Court filing fee $250.00 $ 67.00 $ &.00 $ 65.10 TOTAL $.19..Q.lQ Costs less clearly assessable include: E/Z'd :)SSt; ::i, ::!3HJt;8t.J3ddtl;:J)1 WdS T : glZl bb.. E2 d3S , !.. . ;J~. . ~i ./' . 'Harry Martin City ofWmter Springs Page 2 Costs less clearly assessable include: Te1ecopier charges Photocopies TOTAL E/S.d $137.00 $ 95.00 $146.96 $393.00 $ 75.80 $ 40.35 $8S8.Jj :'SSIj :)3' Cl3H:IIjl;rN3ddllCl>1 ~-Jd'3 T : '30 Sb . :::2 d3S