By: Kate Kimmel
Fernandina Beach city commissioners voted Tuesday to allow the city’s public officials liability insurance to provide legal defense for two commissioners facing recall petitions over their votes in favor of paid parking.
In separate 3-1 votes, the commission approved insurance-funded legal defense for Commissioners Tim Poynter and Genece Minshew, who are accused in recall petitions filed Jan. 29 of misfeasance and neglect of duty related to their approval of the city’s paid parking program.
Poynter and Minshew abstained from the votes concerning their own defenses. Vice Mayor Darron Ayscue cast the lone dissenting votes in both cases.
City Attorney Teresa Prince said the city’s insurance policy allows coverage because the recall allegations arise from actions taken in the course of the commissioners’ official duties.
Prince said providing a defense protects the public interest by ensuring the effective and efficient functioning of government.
The city’s public officials and liability coverage, administered through Summit Risk Services, will provide the defense with no deductible, she said.
Discussion preceding the votes grew contentious as commissioners weighed whether recall petitions tied to official votes warranted a city-funded legal defense.
Ayscue opened discussion by stating that he disagreed with Prince’s reasoning and questioned whether the city should intervene at all.
“If this is born out of frustration from city residents, if that’s the case, why wouldn’t you let it go to a recall?” Ayscue said. “I look at this issue as an accountability issue. Let the citizens hold this commission accountable if that’s what they choose to do.”
Poynter responded sharply, calling the recall allegations “ridiculous” and criticizing Ayscue’s rationale “pathetic.” He said commissioners are legally required to vote on public policy matters, even when those votes are unpopular.
“If you looked at the petition and what we’re accused of doing, we did it — we voted — because that’s what we have to do as a commission,” Poynter said. “A recall is supposed to be for doing something illegal. We haven’t done anything illegal.”
Commissioner Joyce Tuten, who is not named in the recall petitions, said she supported providing the defense because the recall targets a policy vote commissioners were required to make under Florida law. She said allowing recalls based on votes could discourage future candidates from seeking office.
“Who will run in the future, who will want to serve, if they’re afraid that a vote — something they legally have to do — will trigger a recall?” Tuten said.
Tuten also noted the severity of the language used in the recall petitions, noting that recall grounds established by Florida law include malfeasance, drunkenness, neglect of duty and incompetence.
“Who would want any of those words attached to their good name?” she said. “Of course you’re going to defend yourself against this.”
She disputed claims in the petitions that commissioners failed to listen to the community before approving paid parking, citing changes made to the program following public feedback, including adjustments to Sunday hours, residential parking privileges and worker permits.
Poynter argued the recall effort was politically motivated, alleging that only he and Minshew were targeted despite other commissioners voting the same way on paid parking. Tuten echoed that criticism, saying she and the mayor cast identical votes but were not included in the recall petitions.
“It’s not right to ask them to foot the bill to defend themselves when they didn’t commit malfeasance,” Tuten said, adding that insurance coverage is consistent with state precedent and the city’s policy.
Before the votes, Ayscue reiterated that he disagreed with the city attorney’s interpretation and said he personally paid legal fees when election complaints were filed against him in the past.
“I’ve paid thousands of dollars in attorney’s fees,” Ayscue said. “I didn’t complain about it. I just went about my business and did what I was supposed to do as a commissioner.”
With the commission’s approval, the recall defense will proceed through the city’s public officials liability insurer, Summit Risk Services, which will cover up to $100,000 in legal expenses, with the ability to withdraw if the commissioners are later found to have acted outside their official capacity or committed intentional misconduct.
The South Florida-based law firm Weiss Serota Helfman Cole and Bierman has been assigned to defend Poynter and Minshew.
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