Author Topic: Is Jax top GC Cindy Laquidara's hire legal?  (Read 14462 times)

Cheshire Cat

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Is Jax top GC Cindy Laquidara's hire legal?
« on: June 25, 2013, 11:23:12 AM »
Among the many challenges to the current Mayor and business as usual under his administration have been the questions about just how GC Cindy Laquidara ended up becoming the City's top lawyer after she resigned her position.  Legislation has been proposed by members of council that include everything from a statement of "no confidence" to attempts to hire their own council in spite of the fact that Ms. Laquidara is supposed to represent all of our government offices equally.  Recently there was a meeting of some on the City Council regarding Laquidara which was preceded and followed by statements from the Mayor's office explaining her hire and defending her position.

Laquidara along with about 60 other folks was asked to tender a "letter of resignation" when Alvin Brown took office. She did in fact turn in her letter of resignation to the Mayor and news reports later spoke about her return to a specific private law practice. All of those submitting resignations, including Laquidara, were told they could "reapply" for their old positions. The mayor then appointed a Mary Jarrett to replace Laquidara and as required by our City Charter, she was approved by City Council committee to that position.  Later, Jarrett was told to leave her position and the Mayor announced that Cindy Laquidara was going to be installed as the head of GC.  How was this accomplished if Laquidara resigned and was replaced with the approval of council committee per City Charter?  The first step was to "concoct" a story in which the Mayor and his office would "claim" that they had never actually accepted Laquidara's resignation, that she was on leave and just came back after the Mayor asked her to.  They thought they had it all worked out and that there would be no further questions about it.  They were wrong in that assumption. 

Here is the problem.  Our City Charter requires that the hire of the head of GC is to apply and that their final approval was to be via council committee.  That did not happen in the case of Laquidara.  She was reinstalled without council approval.  The Mayor thought they had themselves covered with the concocted story however what they failed to realize is that Jarrett had been legally put into office according to City Charter with council approval.
Browns claim that he "never" accepted Laquidara's resignation is what he and his office are standing upon.  Oct 2011 Jarrett was put into the position of head of GC.  Brown and his administration said that Cindy would take up her place as top city lawyer again in November of 2011.  So according to Brown he didn't accept her resignation.  If this is so, why did he make the following statements in an on the record interview with a business publication?  See for yourself.  As early as Sept 30, 2011, Brown goes on record speaking about his appointment of Jarrett to the office of GC and then gives his statement about "outgoing" Cindy Laquidara.  That's right "outgoing".  If the mayor had as he said "not" accepted Laquidara's resignation, why is he going on record via this business publication talking about the "outgoing" Laquidara?  Why was Jarrett hired and put into place legally via the City Charter and council? Could it be the Mayor has been caught in a lie?  The answer appears to be he has.  Below find the article in the Business Magazine as well as requests I have made to Human Resources for records under the "Sunshine Law".  I will publicly state that I have tried to assure that the files I am requesting have not been "adjusted" in any way via requests of the mayor or his administration.  Take note of the last line in the article confirming the committee as required by City Charter to approve Laquidara's replacement.

Expect another challenge from the council with regard to the legality of Laquidara's hire.  This is important for more than one reason.  First question was our City Charter violated?, A serious offense but more importantly is the realization that it looks to many citizens and members of the council that Laquidara appears to be coming up with legal opinions that "suit" the will of the Mayor and his agenda that are in fact questionable.  This fact being evidenced by her opinions on the Mayor's travel expenses which were shot down by the "State Ethics Commission"!

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Mayor Brown names Jarrett as acting general counsel

Posted on 30 September 2011.

Mayor Alvin Brown announced the appointment of Mary W. Jarrett as acting general counsel, effective Oct. 1, 2011.

“Mary Jarrett is a distinguished attorney whose experience and leadership will allow the Office of the General Counsel to continue to offer the best legal support possible for Jacksonville’s government agencies,” said Mayor Brown. “I greatly appreciate her willingness to serve.”

Mary Jarrett joined the Office of the General Counsel in March 2007. She specializes in providing labor and employment advice and defense to city agencies. Prior to joining the Office of the General Counsel, Jarrett was a shareholder with Coffman, Coleman, Andrews & Grogan where she provided counseling, supervisor training, collective bargaining and administrative and court litigation defense to private and public employers. She is a board-certified labor and employment lawyer.

In addition to The Florida Bar, Jarrett is admitted to practice before the United States Court of Appeals for the Fifth and Eleventh Circuits and the United States District Courts for the Middle, Northern and Southern Districts of Florida.

Jarrett is a Master of Chester Bedell Inn of Court and a member of the Jacksonville Bar Association and the Jacksonville Chapter of the Federal Bar Association. She is “AV” rated by Martindale-Hubbell and a Florida Bar Board Certified Labor and Employment Lawyer.

Jarrett’s community activities include membership in the Jacksonville Women’s Network where she served as chair of the legal section (2003-2007) and serving the Jacksonville Speech and Hearing Center Board of Directors (board chair 2009 to present), the Renaissance Behavioral Health System Board of Directors (2008 – present), the Pine Castle Board of Directors (2001-2007, president in 2006), Girls Incorporated (1988-1994, president in 1992 and 1994), the Uptown Civitan Club of Jacksonville (president 1986-87) and Leadership Jacksonville (class of 2008).

“I am honored by this appointment and Mayor Brown’s confidence in me,” said Jarrett. “I look forward to working with my colleagues in the Office of the General Counsel to provide strong legal representation to our clients throughout consolidated government.”

Mayor Brown also praised outgoing General Counsel Cindy Laquidara for her years of service.

“Cindy Laquidara is an outstanding attorney and dedicated public servant,” said Mayor Brown. “Her work in the Office of the General Counsel has been exemplary, and I greatly appreciate her service to the people of Jacksonville.”

From 1998 to 2010, Laquidara served as chief deputy general counsel for the City of Jacksonville. She was appointed general counsel in July 2010.

Jarrett will serve in an acting capacity to ensure the continued work of the Office of the General Counsel while a new general counsel is selected. Mayor Brown will soon name a selection committee as provided in Section 7.203 of the Jacksonville City Charter.  http://advantagebizmag.com/archives/9390




« Last Edit: June 25, 2013, 02:45:21 PM by Cheshire Cat »
Diane Melendez
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Cheshire Cat

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Re: Is Jax top GC Cindy Laquidara's hire legal?
« Reply #1 on: June 25, 2013, 11:28:40 AM »
Request for records:

Quote
vroberts@coj.net
CC: EBlair@coj.net; TWatkins@coj.net; GLEWIS@coj.net
Subject: RE: Public Records Request on Laquidara and job listings for 2011
Date: Fri, 21 Jun 2013 21:15:40 +0000

Ms. Melendez,

 

We received your request shown below and assigned it  for review and further action.  Mrs. Lewis will contact you next  week regarding any costs associated with your request.

 

Best Regards,

Viola Roberts

Employee Services Department

117 West Duval Street, Suite 100

Jacksonville, Florida 32202

904-630-0378

 

 

 

 

From: Diane Melendez [mailto:kui900@msn.com]
Sent: Friday, June 21, 2013 1:31 PM
To: Roberts, Viola
Subject: Public Records Request on Laquidara and job listings for 2011

 

Dear Ms. Roberts:

I am writing to request copies of some city records as allowed by State Sunshine Law.  I would like a copy of the city job listings posted for October of 2011, specifically showing the job offerings of all the employee positions that the incoming Mayor Alvin Brown previously asked to tender letters of resignation for. There were 60 of those letters I believe.  It is my understanding, according to the City Charter, that those being asked to resign must reapply for their jobs along with any other individual who responds to the job listings.

I would also like a complete copy of the personnel file for GC Cindy Laquidara.  I want the entire file and specifically will be looking for the resignation letter she tendered to Mayor Brown leaving her position as General Council, and her subsequent re-application for the position.

In addition I am requesting copies of any and all documents in the human resource files and the personnel file of Mary W. Jarrett referencing when she was appointed acting general counsel by Mayor Alvin Brown effective Oct. 1, 2011.  I would also like Ms. Jarrett's letter of resignation from the top post in the GC as well as any correspondence, email or phone request from the Mayor or his administration regarding the employment of Laquidara and the removal of Jarrett. I also include in this request for records any instructions received by city entities to delay release of copies of the Oct 2011 job listings as posted by the city or adjustments in any way (including the addition or subtraction of documents) to the files of Cindy Laquidara or Mary Jarrett.

You assistance is greatly appreciated.

Sincerely,
Diane Melendez
Avondale
Diane Melendez
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mbwright

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Re: Is Jax top GC Cindy Laquidara's hire legal?
« Reply #2 on: June 25, 2013, 02:01:30 PM »
Very interesting.  The devil is in the details, which hopefully won't take too long, or be too expensive to get.

Cheshire Cat

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Re: Is Jax top GC Cindy Laquidara's hire legal?
« Reply #3 on: June 27, 2013, 02:04:49 PM »
Just an update.  I have received a very quick response to my records request from a city hall attorney!  I will be viewing documents shortly and will share anything of importance that I find regarding this issue. 
Diane Melendez
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Cheshire Cat

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Re: Is Jax top GC Cindy Laquidara's hire legal?
« Reply #4 on: August 19, 2013, 07:30:35 PM »
Okay, here is where all of this stands.  I have been shaking my head since finding this bit of news out.  It appears Cindy Laquidara has declared in a legal opinion that the hire of Cindy Laquidara to the head post in the office of GC is "legal". ::)  lmao  Really, she says her hire was legal?  Did anyone really expect her to say it wasn't.  Lordy this is getting good.   

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Councilman Bill Bishop, who asked Laquidara for the opinion in June as the council president, said he’s working on follow-up questions. He’ll meet Tuesday with his successor to the president’s seat, Bill Gulliford.

The challenges stem from the fact that Laquidara was originally appointed to a one-year term under Mayor John Peyton and has kept the job through a 2011 reappointment by Mayor Alvin Brown that at least some council members thought would be temporary.

The council confirmed Laquidara’s reappointment the same night it passed a farewell resolution that said she had “announced her departure from the position … after she assists the new mayoral administration with its transition to power.”

The charter labels someone picked to run the General Counsel’s Office for a year or less as an acting general counsel. It says permanent general counsels — whose terms in office run with the mayors they serve — are supposed to be picked by a screening panel of attorneys, though they can be reappointed for more four-year terms without repeating that process.


Bishop said last week that Laquidara seemed to have never gone through the screening process the charter describes. Without doing that, he questioned whether she held the post legally

Read more at Jacksonville.com: http://jacksonville.com/news/metro/2013-08-19/story/jacksonville-general-counsel-yes-my-appointment-legal#ixzz2cSdW4KRA



For the full story:  http://jacksonville.com/news/metro/2013-08-19/story/jacksonville-general-counsel-yes-my-appointment-legal
« Last Edit: August 19, 2013, 07:34:34 PM by Cheshire Cat »
Diane Melendez
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m74reeves

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Re: Is Jax top GC Cindy Laquidara's hire legal?
« Reply #5 on: August 20, 2013, 08:36:02 AM »
what a joke.

is this grounds to file a complaint with the state ethics office for abusing her office?
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mbwright

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Re: Is Jax top GC Cindy Laquidara's hire legal?
« Reply #6 on: August 20, 2013, 09:06:22 AM »
This would have been a great opportunity for outside council, that the city seems to be so willing to do.

m74reeves

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Re: Is Jax top GC Cindy Laquidara's hire legal?
« Reply #7 on: August 20, 2013, 09:08:23 AM »
This would have been a great opportunity for outside council, that the city seems to be so willing to do.

indeed. conflict of interest much?
"Everyone has to have their little tooth of power. Everyone wants to be able to bite." -Mary Oliver

Dog Walker

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Re: Is Jax top GC Cindy Laquidara's hire legal?
« Reply #8 on: August 20, 2013, 01:11:07 PM »
Lawyers in the area who have had dealings with her don't have a high opinion of her legal skills either.
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Cheshire Cat

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Re: Is Jax top GC Cindy Laquidara's hire legal?
« Reply #9 on: October 08, 2013, 02:38:54 PM »
This is the latest on the situation with Laquidara.  The Council wan't another vote.  Link will take you to full story.

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By Steve Patterson
Overshadowed by a still-unfolding lawsuit, a Jacksonville councilman is seeking another City Council vote on General Counsel Cindy Laquidara’s role as the city’s top lawyer.
Councilman Matt Schellenberg has filed legislation for the council to confirm Laquidara for a term running through 2015.
She was already confirmed in 2011, but that happened days before the council membership changed because of the 2011 elections. Jacksonville resident Joseph Strasser and the Concerned Taxpayers of Duval County sued Laquidara last month, arguing she hadn’t followed the process spelled out in the city charter to take the counsel’s post.
Schellenberg said he didn’t think the charter had been followed either, but said a council vote now would go a long way toward setting things right.
“Although it will skip a couple of steps, if the council will confirm her, it will stop this,” said Schellenberg, who filed a new confirmation resolution (2013-671) last month.
“I think this is a huge distraction,” he said about questions on Laquidara’s status. “If the mayor would have actually followed the process, we would be where we need to be.” Schellenberg filed another still-pending resolution (2013-451) in June asking Mayor Alvin Brown to dismiss Laquidara.
The new bill says that if the council refuses to confirm Laquidara again, that would “establish a predicate for the selection of a new general counsel who may be properly appointed.”
Laquidara, first named for a one-year term under former Mayor John Peyton, has said the council confirmation in 2011 settled her role


Read more at Jacksonville.com: http://jacksonville.com/news/metro/2013-10-07/story/new-city-council-vote-sought-jacksonville-general-counsel#ixzz2h9nVR0KO
Diane Melendez
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