City commission narrowly approves city attorney contract amid heated debate

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The Fernandina Beach City Commission voted 3-2 Tuesday to approve a controversial employment agreement with incoming City Attorney Teresa Prince. The decision followed a tense discussion marked by concerns over contract terms, recruitment practices, and governance precedent.

At the heart of the dispute were two key provisions: a requirement of a 4-1 supermajority commission vote to terminate the city attorney without cause and a 20-week severance package. Commissioners Genece Minshew and Tim Poynter argued those protections went beyond what is customary for a charter officer and would tie the hands of future commissions.

“This contract doesn’t serve the interests of the city or its citizens,” Minshew said. “It prioritizes the candidate’s self-interest. Why does this candidate feel it is so necessary to have these protections in their contract? If they are confident in their ability to be a great city attorney, then these two items are completely unnecessary."

Poynter agreed in assessing the proposed employment agreement.

"I'm a business owner. I would never sign a contract like this," Poynter said. "To me, it looks like someone put a gun to our head and said, here's the deal. So, this is my deal. Take it or leave it. And I'm just happy with leaving it. Quite honestly. Making a bad deal because you feel like you're under the gun."

Minshew also pointed out that the city received just two applicants for the position, and that outreach to professional legal networks had been lacking.

Supporters of the contract, however, argued that stronger protections were warranted due to the politically sensitive nature of the city attorney role.

I'll say it in general, this commission, the past commission, has gotten ourselves into hot water. That firing a city manager, and then firing a city attorney, who in their right mind wants to work for this, for this city?" said Commissioner Joyce Tuten. "I think the city attorney position is especially at risk of political winds because the law is a lot of times not black and white."

Prince addressed the commission, explaining that her contract requests were modeled on the city manager’s agreement.

“The only major differences are the 4-1 vote requirement for termination without cause and the severance,” she said. “These were based on the volatility of this role — not on personal gain. I am, and have been, open to negotiation.”

The city has earned a tarnished reputation in the aftermath of firing City Manager Dale Martin in 2023 and most recently terminating City Attorney Tammi Bach, who had been in the position for 17 years.

"We have to strongly consider the fact that people don't want to come work for this commission," said Vice Mayor Darron Ayscue. "I don't think we have a choice in this. We're either moving on or it's going to get way worse."

Despite an attempt to delay the vote for further negotiation — which failed for lack of a second — the commission moved forward. Prince is set to begin her duties as city attorney on August 4.

The vote failed to remove the perceived negativity of working for the city. It's the second time in 10 months that a charter officer has been hired by a 3-2 margin. City Manager Sarah Campbell was hired last September on such a vote by the previous commission. The city manager, city attorney and city clerk are the charter officers who report to the city commissioners. All other city employees report to the city manager.

 

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  • rswarner

    The job of City Attorney for this city is a no win position. We're lucky to find an acceptable candidate - and I wish her the best. Her contract terms are self protective and aimed at preserving some contitnuity and responsible, independent legal judgement in the face of the continuous intercine warfare that has characterized City and Nassau County politics in recent years.

    Thursday, June 19 Report this

  • JJC919

    Commissioner Minshew's position that if the attorney were secure in their beliefs that they could do the job they wouldn't need the termination provisions is ill founded. I do not purport to speak for Ms Prince but it is the concern and uncertainty of future elections and commissioners. For 17 years the prior commissioners put up with representation that was less than beneficial to the citizens and now they are faced with hiring a lawyer that, if she does the job as it is meant to be, wants at least minimal protections from the political winds that seem to blow at hurricane force in Fernandina

    Thursday, June 19 Report this

  • DouglasM

    The points made by Minshew and Poynter were spot on. The City Charter states:

    "The City Attorney serves under the direction and supervision of the City Commission and holds office at the pleasure of the City Commission."

    Is a super majority requirement for termination without cause a violation of serving at the "pleasure" of the City Commission? IMO, pleasure implies a simple majority.

    An opportunity was missed when Tuten made a motion to table (postpone to the next Regular meeting). Minshew and Poynter should have joined that effort because the 3-2 vote for approval was becoming obvious at that time and the swing vote was looking for more time to make her best decision......besides, Prince isn't coming to work until August anyway. A "motion to reconsider" at the NEXT meeting is in order, but it has to be made then. You get one shot at that in Robert's Rules. Think about it....

    Thursday, June 19 Report this

  • KDAmeliaIsland

    As a local who is an attorney, I was incredibly frustrated watching this commission meeting. The candidate shouldn't be shamed for negotiating her contract. I was really disappointed to hear Commissioner Minshew imply that she isn't a good civil servant because she tried to negotiate better terms for herself. If a candidate doesn't even negotiate their contract and just accepts the first one they get, I wouldn't trust them to represent our city in negotiations.

    She blacklined her contract against the city managers to show that she was largely just asking for terms she had, as well as what the previous city attorney had. And for Commissioner Poynter to say the city attorney is just "staff" and not on the same level as the city manager and shouldn't compare with her contract...please check the city's organizational chart, which puts the officers on the same level. The fact that he doesn't understand the important role the city attorney plays in HUGE issues facing our community really concerns me. I'll be writing to both commissioners with my thoughts.

    You couldn't pay me enough to go work for this commission. I'd want protection in my contract too, and I feel confident she'll fight for the city in the coming battles the same way she successfully stood up for herself.

    Thursday, June 19 Report this

  • GeorgeM

    Any lawyer worth her chops would be capable of negotiating her way into a better situation than subject to being arbitrarily fired without due process and little severance. She may be dumb enough to work here but not dumb enough to leave herself exposed to the Commission.

    Saturday, June 21 Report this