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HomeMy WebLinkAboutBattle Over Attorney-1997/1998 8 `755 .w—_. nw ;o5tS8 0pp § '. “' ' w83 0 S a„ ° R ro.o g w e g X a T o- 3 o, 3 > m v g3 ° , ° V ° ,. 8 FA O. w w X n g w rr m o a ° y ? 2 go - 5610on . 'v a' gLo : gr1. 33S '49 8. r� " ,o� 5 :+ 83 — 0 a � o � „ 3, 37 42 . = °- ,. •-• 'or Cl) y � � =. gqgs5SrsA c� 8•do � � Eadi55g y0 'o 00.-. 09, 0° d n ° io tn C] u, - a < ° NJ o 8,"g 5' S 8 g � ° ado ? 5- w L ° �o g' 8. .°n '� a A a mVail x - •° c .°i .. ! 5q " `t '5, y :: 0- 55y w =oa p S ° ap c 7 _ ° . 27 . 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By Will Welton OF THE SENTINEL STAFF Winter Springs Attorney Frank Kruppenbacher re- ceived a unanimous vote of confidence last week af- ter Mayor Paul Partyka announced he wanted to ap- point a new attorney Partyka has been trying to encourage Kruppen- bacher to resign for several months. Kruppenbacher has been Winter Springs attorney for 15 years. Partyka has the power to ap- point the city attorney and city clerk. At Mondays commission , meeting, Partyka asked for sug- -. -c-- pce on Kruppenbacher's re- plame evt Ho . However, the commissioners said they did not want to make a change. Kruppenbacher Commissioners David McLeod and Michael Blake chastised Partyka for acting inde- pendently of the board. Partyka has been considering former Winter Springs attorney Mike Jones as a replacement Jones is one of several candidates. Kruppenbacher is an attorney for the Orange Please:-ee ATTORNEY, K-4i Attorney general will be consulted ATTORNEY from K-1 Even Ed Martinez, the past president of the Tim- cawilla Homeowners Association, voted in favor of County School Board, the city of Apopka and han- Kruppenbacher. The association's newsletter has dies labor issues for several cities in Central Florida. called for Kruppenbacher's removal for years. He also represents Time Warner Communications. In Martinez said he does not think Partyka has the the past, he has been the attorney for several other independent power to remove the attorney.After the Central Florida governments. meeting, Martinez said he is not eager to make After the meeting, Partyka said he decided to changes and wants to hear more facts. make an attorney change because Kruppenbacher Martinez and Robert Miller were attending their was too busy to be city attorney and had turned the first meetings as commissioners. duties over to an associate, Bob Guthrie. Partyka said he will continue to pursue replacing We did not hire Guthrie," Partyka said. "Frank is Kruppenbacher. He is seeking an opinion from the supposed to be our attorney." state attorney general as to the mayor's power under Commissioner Cindy Gennell made a motion of the city charter. support for Kruppenbacher,which was approved 5-0. "We have got to sort this thing out,"Partyka said. j7 /: i &_ Winter Springs Commission honors two, head off -lawsuit BY tiny LIBRARY _ A lawsuit was probably avoided,a peti- compelling reasons to go ahead and pass the the Year and is in the running for the state non on the telecommunications towers was ordinance with the Schrimscherpropertyex- honor, and for Winter Springs resident heard, and two ceremonial proclamations eluded,to head off other interests. Michelle Robinson,who was named Student marked the Winter Springs Commission meet- "It looks like we could have an even bet- of the Year at Oviedo High. "She has volun- ing Monday night ter plan than we hoped for originally if we tared 250 hours at Keeth elementary,and has Ater lengthy arguments by attorn rJim wait"McLemore said.The vote was arrant- received sehowships from Willard who represented the Schrimschers, mous. ���low Target, said in presenting Alpha award. Kappa," owners of parcels of property formerly in- Community Development Coordinator Partyka said inpreswtingthe award. eluded in an ordinance to create a"Town Cen- Thomas Grimms was in the hotseat for Resi- Other business found Tuscawilla resi- ter"Overlay Zoning District,the commission- dent Elizabeth Gregg's objections to the tele- dents objecting to the widening of Winter en withdrew all of the Schrimscherproperty communications tewerin the Ra bt"nds.Pre- Springs Boulevard.Tom O'Connell,first vice from the ordinance for 30 days"because we're seating a petition from the Homeowner's president of the Tuscawilla Homeowners As- very close to an agreement with the city" Association there, Gregg pointed out there sociation,said that the widening of the road Willard said. City Manager Ron McLemore were better sites for the towers on adjoining signals to the"city of(mode that we will help .agreed, and as Commissioners David Florida Power m city drainfield land. their traffic problem"Jim Matthew,President McLeod,Cindy Gennell,and Michael Blake Grimms said that the towers would prd* of the Chelsea Homeowners Association,ech- ,resisted the withdrawal of al the Schrimscher ably be 180 feet tall,of solid construction,and oed O'Connell and said he represented 21 property(back to an agreement toTuskawilla that there would be five of them in the city Homeowner Associations within the Road,prior to January of last year),City At- They would overlap if they were placed in or Tuscawifia PUD."The widening will destroy torney Frank Kruppenbacher made clear that near the center of the five areas,thus provid- the center median with its grass,trees, and the whole Town Center property would be in ing telecommmdcations for the city. flowers.The roads in Tuscawilla are collector jeopardy if there were a lawsuit over the "We have to wait for borings and other roads,not arterials,"he said. Schrimscher's property. tests before we can pinpoint exactly where in Charlie Caciabeve,the city's lawyer re- "We're going to reach an agreement that the areas they will be,"Grimm said. ported on the status of the suit with Mikes. will benefit everyone,"McLemore said,and It was agreed that the site,objected to by "The plans provided don't comply with the Attorney Willard concurred, saying there Gregg,would be modified. settlement agreement,"he said,indicating at would be no development plans in the interim The alternate site,to the North of Florida the city would bring the matter to the Court Mayor Paul Partyka asked`why not defer the Power on city land,would be utilized. Docket in September, the first month that entire ordinance--instead of passing this The two proclamations were for Win ter Mikes lawyer would be available, piecemeal?' and again Attorney Springs High School Principal Wayne Epps, "I thought we were going to get this thing Kruppenbacher and McLcmore said these were who was named Seminole County Principal of settled soon,"McLcmore said,"but this is the soonest we can meet with Judge Jensen,who is going to hear the case,and the lawyers for the other side." Also,commissioners were getting impe- 1 tirot with the contractor on the John Govoruhk Public Safety Complex."It was supposed to be finished in April,and I was out there last 7 N weekend and there was no activity on Satur- �/ e) 0 day late fee McLemore darUane were ! extenuating circumstances, as did ! Kruppenbacher,but both agreed to levy the fine if there wasn't some activity next week- end. A new Wanter Springs sign was unveiled which will mark the city's entrances."There were five different designs,but we decided to keep it simple,"staff said. Mayor's suit City's lawyer is. could cost him distancing himself his position from the battle ❑ Winter Springs Mayor Paul Partyka has e MAYOR from K-1 ' engaged the City Commission in a complex y whether the removal law applies fray over who can fire the city attorney. °; to the mayor. This silly ordinance Kruppenbacher, who wrote the does not apply to me. By Will Wellons :1 1995 law, said he is trying to stay -, . I don't understand or rae SFMMEL sTAFF out of the fight between the may- • '1 or and commissioners. why it has got to be so Kruppenbacher is weighing WINTER SPRINGS—Winter Springs Mayor Paul Part whether his fire would issue a complicated. ka could lose his job because he sued city commissioner. ruling because he has a conflict in -Paul Partyka,or not Partyka is removed from the mayor's offra4 the case. depends on the interpretation of a 1995 . :.1 "We are trying to stay 9 million Winter Springs mayor city law. �.. an miles away from this," Kruppen- Monday, city commissioners are -• said. • expected to debate that question during City commissioners passed the have agreed to hire the Holland& a special meeting at 6:30 p.m. at City automatic removal law when the Knight law firm to defend their Hall. {{ lliscawilla homeowners associ- •position in court. Holland & Winter Springs has a city ordinance f f ar ation sued the city over the Ovie- Knight attorneys will be paid$180 that says anyone on a city board who do Marketplace mall. At the same an hour up to $10,000. The com- sues the city is eligible for automatic re- time,a homeowner representative mission also said commissioners moval from their post. , was serving on the city planning can hire their own attorneys to de- "This silly ordinance does not apply board. fend themselves since each was to me," Partyka said after being told The law is geared to directors named in Partyka's lawsuit. about the law Partyka filed a lawsuit Partyka , of organizations that sue the city, Partyka has arranged for his at- against all the city commissioners in 1 Partyka said. tomeys to work for free so his side mid-March to get a ruling from a Seminole County Circuit; However, Commissioner Mi- would not cost taxpayers any judge on whether he has the right to fire city attorney Frank chael Blake said the law may money. Kruppenbacher. mean that Partyka will have to "It is not responsible to spend Under city rules, the mayor has the power to appoint a give up his job as mayor. the taxpayers' money on some- city attorney. Commissioners must ratify the pick. "I think it's pretty clear to me," thing so simple,"Partyka said. Commissioners have ruled that terminating a city attar+ Blake said about the law. Commissioner David McLeod ney is a commission decision.Commissioners have also vot-; Partyka said his legal challenge said the whole issue can go away ed unanimously to support Kruppenbacher. over his job responsibility is not a if Partyka would drop his lawsuit. Now, the city attorney Partyka wants to fire could help typical lawsuit. "The whole thing does not advise commissioners whether Partyka himself can be be He said he is not seeking any need to be there," McLeod said. removed from office over the lawsuit. money or damages against the "Is he IPartykal a big enough Commissioners have asked attorney Bob Gutherie —an city,but just wants a ruling to de- leader to back off and to realize associate in Kruppenbacher's private law firm—to research fine his role as mayor. what position he has put the city "•I'm truly disappointed,"Party- in?" 1 Please see MAYOR, K-4 ka said. George Sealy,a Winter Springs [ "I don't understand why it has resident and government watcher, got to be so complicated." said the matter is an embarrass- Kruppenbacher with the ment. blessing of commissioners — has "It needs to be resolved like turned over day-to-day city attor- right now," Sealy told commis- ney duties to Gutherie. Kruppen- sioners. Gi g 0 3 a / bacher,the Winter Springs city at- "You have tamed this whole torney for 16 years, has not at- thing into a joke. Everybody tended a Winter Springs meeting needs to remove their shoes from this year. their mouths and wait for a judge Meanwhile, the commissioners to rule." 'Mayor stays, attorneys go in tug of war ❑ Winter Springs Mayor Paul Partyka's lawsuit over the right to fire the city attorney won't cost him his job, an attorney said. By Will Wellons OF THE SENnNEI STAFF WINTER SPRINGS—The mayor will stay and the city attorneys will go. Two announcements on Monday by city at- torneys Frank Kruppenbacher and Bob Guth- rie may defuse a growing power struggle among elected leaders over the city attorney's job. First,Guthrie told commissioners that May- or Paul Partyka was not in danger of forfeiting his job because he sued city commissioners in mid-March. Partyka is asking a Circuit Court judge to decide whether the mayor or the City Commis- sion has the authority to fire the city attorney. it Commissioners called Monday's meeting to find out whether the lawsuit would cost Party- ka his post. A city ordinance requires mem. bers of advisory boards and the City Commis- sion to give up their jobs if they sue the city. Guthrie told commissioners that the 3-year- old law does not apply to the mayor because he is not mentioned in the law. Guthrie then shocked commissioners by passing out a memo from him and Kruppen- bacher stating they would resign as city attor- neys after a judge ruled on Partyka's suit. Kruppenbacher's firm has the support of a majority of the commissioners. But Partyka announced in December he wanted Kruppen- bacher fired. After that, Kruppenbacher turn- ed the daily attorney duties over to Guthrie. Kruppenbacher has served as city attorney since 1982.He did not attend the meeting,but �) said that quitting was the only way to resolve "/ d U o the matter. He said the mayor is entitled to an answer to his suit. Kruppenbacher also said the new city attorney must know the rules: "It is critical to the city to figure out who controls the lawyers. It is always my belief that I responded to the full commission." Partyka, who was pleased with Monday's developments, said he would move along quickly with getting the suit resolved. 'We are going to get an answer and move forward with something that everybody can agree to,"Partyka said.