Submitted by Adam Kaufman
Legal Analyst
October 15, 2014 3:31 p.m.
On October 7, 2014 the attorneys for the City of Fernandina Beach and for Joanne Conlon informed the Florida Supreme Court: “Pursuant to Rule 9.300, Florida Rules of Appellate Procedure, Appellant, The City of Fernandina Beach and Appellee Joane Conlon, jointly notify the Court that they have entered into a tentative Settlement Agreement which, when fully implemented, will result in dismissal of this [bond validation] appeal.”
City Attorney Bach suggests that the attorneys’ declaration to the Supreme Court was inaccurate.
In response to a request by the Observer Bach states:
“The words ‘entered into’ are premature in the Motion to Cancel Oral Arguments. The parties had to address the oral arguments scheduled for early December because preparation for the oral arguments takes great effort and time, and the lawyers needed to either spend the time preparing or cancel oral arguments. The oral arguments can be rescheduled, if needed. The City Commission will have to vote on a settlement agreement at a public meeting. On Tuesday this week , I had another phone conference with Plaintiff attorney, Mike Tanner, to discuss more changes to the settlement documents. There is not a final agreement yet, and there is more work for the lawyers to do. Once we reach an agreement, the City Commission will review the agreement at a public meeting.”
There are some in the Fernandina community that suggest that the City administration is delaying consideration of the settlement until after the November election.
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Adam Kaufman is a semi-retired mediator and attorney. A graduate of Northwestern University School of Law, he was born and raised in the Bronx, NY. and attended NYC public schools, including Stuyvesant High School. He still serves on the American Arbitration Association Labor Panel. From 1994 – 2005, he was Regional Director for the New York State Public Employment Relations Board
Great job Adam. So much for sunshine laws.
Thanks for the update Adam. Karen, litigation matters are conducted through meetings “in the shade” as permitted by FL Sunshine Law. After all, if the opposing party could find out or observe the discussions by the commission and their legal team as they were happening, it would provide them an unfair advantage. After the settlement or judgement, the minutes and all documents from these meetings are open to the public.
Adam, while the present commission has a proven record of kicking so many cans down the street they could be cited for littering, it sounds like there are legitimate issues to still be finalized. That being said, in the court system doesn’t “inaccurate” almost equate to “untruthful”?
I thought local elections were nonpartisan.
Karen, city comission seats are non-partisan. When I referred to “opposing party” I meant the other side suing the City
Thanks Dave for enlightening me.