Language in Section 6 of the separation agreement between Fernandez and the City of Tallahassee states:

In the event there is any litigation initiated or pending against the City of Tallahassee or Fernandez relating to Fernandez’s performance of his duties as City Manager, the parties agree that the City of Tallahassee shall provide defense counsel and indemnify and hold Fernandez harmless from any damages, litigation expenses and costs which he may incur as a result of any legal action against him arising from his performance of duties as City Manager in accordance with City of Tallahassee Resolution No. 86-R-1454.

This language seems to indicate that Tallahassee taxpayers may be obligated to reimburse Fernandez for future legal expenses.

After the special city commission meeting last week, City Attorney Lew Shelley told TR that if the Florida Commission on Ethics fails to secure a finding against Fernandez in an administrative hearing, the city would be responsible for reasonable legal fees.

He cited the case of Mayor John Marks where probable cause was established, but an administrative hearing officer found no wrong doing. The city commission eventually voted to approve payment of “reasonable” legal fees incurred by Marks.

Given the federal investigation into city hall activities, what happens if Fernandez or any other city official is charged with criminal activity?

Shelley told TR that no expenses would be paid in a criminal case. However TR was forwarded a city policy that seems to indicate otherwise.

City policy 102 provides for:

the consideration of the payment/reimbursement of attorney’s fees and costs incurred by public officials, officers, and employees when they successfully defend or prevail in criminal cases arising out of and in connection with the scope of their City employment, while acting in their official capacity and serving a public purpose.

The policy states that City of Tallahassee:

may reimburse public officials, officers, and employees for reasonable attorney’s fees and costs that such persons have incurred when they successfully defend or prevail in criminal cases that arise out of and in connection with the scope of their City employment, while acting in their official capacity and serving a public purpose.

Based on this language, it appears that taxpayers may be on the hook for legal bills due to the federal investigation unless indictments result in the convictions and withstand any appeals.

Tallahassee Reports has been informed by Randall Mills, a representative of the Old School, that the party scheduled for tonight has been cancelled. Old School released a statement which reads: “There are no events tonight at Old School. A third party promoter violated our terms and conditions and we were forced to cancel the event.”

Multiple sources told TR the decision to cancel the event happened sometime yesterday.

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Tallahassee Reports has confirmed that the owners of the City of Tallahassee subsidized restaurant, the Edison, are also part owners of a venue, known as the Old School, that will host an event on June 10 2016, featuring “pole dancers.”

TR received a number of phone calls questioning the legality of the event on a number of fronts.

The owners of the Edison, Adam Corey and Ryan Grindler, are listed as managing partners of Old School LLC and part-owners of the Old School property located at 633 West Pensacola Street.

Mr. Corey, according the City of Tallahassee, is also a registered lobbyist. One of his clients is the Leon County School Board. He is also the former owner of the night club 101 which was recently closed.

The Old School is described on their website as a private club comprised of Florida State alumni and fans that come together each home football game to commemorate the heritage and tradition of our beloved Seminoles.

Based on online promotional advertising, on June 10, 2016, the Old School is scheduled to be transformed into the “Belaire Mansion” for a pool party. The advertisement is listed below.

The advertisement states that the party is the ultimate bachelor party and that “Mizhani  and Spyda” will perform live.

Research indicates that”Mizhani” is a “pole dancer.” Videos of her performances show Mizhani barely dressed and dancing around a pole with men throwing dollar bills on stage.

The video link of a prior performance in Tallahassee at the Cheeks Lounge can be seen here. CAUTION, GRAPHIC MATERIAL.

Cheeks Lounge was the location where a Tallahassee Police Officer shot and killed 18-year-old Duane Strong in May of 2014. The City recently settled the case for $325,000. The club is now shut down.

Other social media advertisements verify the event and encourages patrons to “BRING YOUR $1’s.”

TR talked to the City of Tallahassee’s Growth Management Department who said that an event selling tickets could not be held at the Old School property location based on zoning issues. The property is listed as single-family in a zone labeled University Transition.

However, as of Thursday night, code enforcement was unable to say if the show would be stopped.

Based on Leon County adult entertainment ordinances, questions have also been raised about the sale of liquor during such events.

TR tried unsuccessfully to reach the City Attorney, Lew Shelley.

TR will continue to seek answers about the regulations in place for such activities.

However, now it appears the change in the law may have created unintended consequences.

TR has learned that the change, supported by Mayor Gillum and Commissioners Miller and Richardson, may have created a situation that presents enforcement challenges for the Tallahassee Police Department.

Previously, alcohol sales ended at 2:00 a.m. and the establishment had until about 2:30 to empty the premises and close.

With the new ordinance, alcohol can be sold until 2:00 a.m., but the establishment can stay open until 4 a.m.

Under the new ordinance, TR has been told that establishments can legally “bulk sell” alcoholic drinks before 2:00 a.m. and those drinks can be consumed on the premises of the night club until 4:00 a.m.

This scenario creates enforcement issues for police officers.

For example, what happens if a police officer walks into a nightclub at 3:00 or 3:30 a.m. and witnesses people consuming alcohol. How does the officer know if the alcohol was sold before 2:00 a.m. or after?

This situation was created because the change in the law moved the closing time of nightclubs further away from the 2:00 a.m. prohibition on alcohol sales. The 2:00 a.m. prohibition is on alcohol sales, not consumption.

If this is the case, the change in bar hours passed by the City Commission effectively extended the “consumption hours” of alcohol from 2:00 a.m. to 4:00 a.m.

TR has learned that TPD has reached out to the City Attorney’s office for direction.

The City Attorney, Lew Shelley, told TR that they are evaluating the concerns raised by TPD to determine if changes to the recently passed ordinance will be required.

Tallahassee Reports has learned that the City of Tallahassee narrowed the selection of the City’s Ethic Officer to three candidates after interviewing nine candidates from a pool of approximately 150 applicants.

The three candidates selected were Julie Meadows-Keefe, who was eventually hired by the City of Tallahassee, Michael Ramage, former General Counsel of Florida Department of Law Enforcement (FDLE), and Charles Faircloth, former Chief of Staff of the Florida Department of Financial Service.

All three candidates were interviewed by City Attorney Lew Shelley, City Auditor Bert Fletcher, City Treasurer Clerk James Cooke, and City Manager Anita Favors Thompson.

The full applications for the three finalists can be reviewed by clicking on the links below. Summaries of the applicants latest work experience as provided by the applicants are listed at the end of this post.

Julie Meadows-Keefe

Michael Ramage

Charles Faircloth

Ultimately, the City Attorney and the City Auditor were responsible for the hiring decision and chose Julie Meadows-Keefe to fill the position.

City Attorney Bert Fletcher told Tallahassee Reports that Meadows-Keefe was the only candidate offered the job.

Reviews of the candidates’ applications show that both Mr. Ramage and Mr. Faircloth provided significantly more details about their work history than Ms. Meadows-Keefe.

Michael Ramage told Tallahassee Reports that the hour long interview focused on how his experience would translate to the City position.

When asked why he applied for the position, Ramage said “I applied because I thought my experience at FDLE would be a good fit for the position.”

Ramage confirmed he was not offered the job but indicated he would have probably accepted an offer.

When asked what specific qualifications separated Meadows-Keefe from the other two candidates, Fletcher first stated she was “the most qualified” and then added she “was the best fit for what we are doing.”

The timing of the hiring of the in-house ethics officer, right after a charter amendment requiring an independent ethics officer was approved for the November ballot, has raised questions about the motives of the City by those seeking independent oversight of City actions.

In fact, a Tallahassee Democrat editorial wrote about the hiring, “The City has a new ethics officer. But it still has a problem.”

Now supporters of the ballot initiative, off the record of course, are questioning the qualifications of the recently hired ethics officer.

“How can you review the applications and say Meadows-Keefe is more qualified that Mr. Ramage – it’s not possible.”

Another said, “How do you pass on the Chief Ethics Officer of the Florida Department of Law Enforcement?”

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Applicants’ Latest Full-Time Work History Details As Provided On Application
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Julie Meadows-Keefe

Employer: Grossman, Furlow & Bayo
Job Title: Of Counsel
Number of Employees Supervised: 0
Start Date: 2/1/2012
Description: Practice focused on HIPPA and Professional Licensure Defense.

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Michael R Ramage

Employer: FDLE
Job Title: General Counsel
Number of Employees Supervised: 20
Start Date: 6/15/1992-2/28/2014
Description: Chief counsel for statewide law enforcement agency (the activities of which include complex fraud and rug investigations, the state’s Capitol Police, the state’s domestic security function, the state criminal history database, multiple statewide crime labs, and the Criminal Justice Standards and Training Commission officer licensure functions). Personal duties include: -FDLE Chief Ethics Officer and Privacy Officer. -Florida State Fusion Center Privacy Officer. -Registered legislative lobbyist. -Supervisor of 14 agency attorneys around the state, responsible for hiring & termination; monitoring quality and accuracy of legal work performed; addressing workload locations and resolving conflicts and “law office issues.” Also supervised 5 support (administrative and secretarial) staffers. -Member of FDLE’s Command Staff. –Assisting internal affairs and inspector general inquires. –Assisting in CALEA certification/recertification legal issues. -Counsel tot he Florida Violent Crime and Drug Control Council –Working with the Florida Police Chiefs association, the Florida Prosecuting Attorneys Association, Florida Sheriffs Association, the State Law Enforcement Chiefs Association ad the Florida Association of Police Attorneys on matters of mutual interest. Testifying before state and Congressional committees. Developing (writing and narrating) online in-house ethics and public records training segments as well as developing and presenting live presentations on ethics, public records, privacy, sexual harassment, and police legal issues. Policy and procedure drafting and review.

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Charles T Faircloth

Employer: Florida Department of Financial Services
Job Title: Chief of Staff/Exec. Dir.
Number of Employees Supervised: 2
Start Date: 2/07/2011-7/31/2014
Description: Senior manger supporting Florida’s Medicaid and Public Assistance Fraud Strike Force, a multi-governmental anti-fraud task force chaired by Florida’s Chief Financial Officer and vice-chaired by the Attorney General. The Strike Force members also include the agency heads of DCF, AHCA, DOH and FDLE as well as two Police Chiefs, two Sheriffs and a State Attorney. Plans and leads all Strike Force activities including quarterly Strike Force meetings, monthly subcomittee meetings and preparation of the annual report. Extensive interagency intelligence ordination ad communication fraud issues involving state funds, state agencies and local prosecution ad law enforcement agencies. Oversees efforts to improve and innovate IT data systems commonality, connectivity and consolidation for anti-fraud programs. Responsible for improving the State of Florida’s communication, cooperation and regulatory and law enforcement actions against Medicaid and Public Assistance Fraud. Leaving because the Strike Force has ended its existence.

On April 22, 2011, four Tallahassee police officers were working off-duty at the Tallahassee Elks Lodge during an event being held by Kappa Alpha Psi Fraternity.  At the end of the evening, Reshard Morrell, a 15 year old innocent bystander, was shot and killed by a member of a Tallahassee gang.

The attorneys for the estate of Morrell brought suit against the Tallahassee Elks Lodge, the Kappa Alpha Psi Fraternity, and the City of Tallahassee, as the employer of the four off duty police officers.

How can the city of Tallahassee be sued for the actions of off-duty officers?

City Attorney Lew Shelley told Tallahassee Reports that there are provisions in the City’s employment contract with the police union, called the Officer Service Agreement, that essential protects off-duty officers from liability associated with law enforcement related activities.

Mr. Shelley told Tallahassee Reports that the City is taking a hard look at the language and indicated that changes may be recommended to the City Commission.

While the City contended that the officers acted reasonably, the City’s  legal analysis concluded that “a reasonable jury could find some liability against the City for failing to inspect the parking lot and perimeter immediately prior to disbursing the crowd and otherwise protecting the attendees.”

The item is on the consent agenda for the May 14th City Commission meeting.