Mar 25, 2025 Special Board of County Commissioners

[Call to Order by Chair]

[00:00:06]

>> GOOD MORNING. IT IS THAT TIME. WELCOME TO THE SPECIAL MEETING OF THE ST. JOHN'S COUNTY BOARD OF COUNTY COMMISSIONERS. THERE ARE MATERIALS AVAILABLE ON THE COUNTY WEBSITE UNDER AGENDAS AND MINUTES. ONCE YOU FIND THE AGENDA, YOU CAN CLICK ON THE AGENDA ITEM TO ACCESS ALL SUPPORTING MATERIALS. THE PUBLIC WILL BE ABLE TO COMMENT DURING PUBLIC COMMENT. PUBLIC COMMENT IS LIMITED TO THREE MINUTES. AND I AM JUST GOING TO SAY AHEAD OF TIME THAT PUBLIC COMMENT WILL BE AFTER THE INTERVIEWS FOR YOU GUYS. ROLL CALL, PLEASE.

>> CHAIR COMMISSIONER KRISTA JOSEPH.

>> COMMISSIONER CHRISTIAN WHITEHURST.

>> PRISON. >> COMMISSIONER SARAH ARNOLD.

>> PRESENT. >> ALL RIGHT. WE ARE GOING TO START WITH AN INVOCATION OF

THE OFFICE. >> WELL, GOOD MORNING. I HAVE TWO PASSAGES TO SHARE WITH YOU THIS MORNING. IN JOHN CHAPTER 25 JESUS SAID I AM THE RESURRECTION OF LIFE.

THIS PAST FEW WEEKS HAS BEEN INTERESTING FOR ME AS I WATCHED, ME AND MY FRIENDS, WE WERE TIRED. IT IS INTERESTING TO SEE THAT WHEN I CAME ON THEY WERE KIND OF HEROES WATCHING ABOVE ME. THE HEADACHE. VAN JONES. IF YOU DO NOT KNOW JUG BENNETT, JUG BENNETT WAS OUR ORIGINAL. IT IS KIND OF HARD TO IMAGINE TOUGH AND GRUFF WOULD HAVE A PUPPET TALKING TO KIDS ABOUT STRANGER DANGER. ANOTHER HERO OF MINE JUST PASSED AWAY. HIS NAME WAS RICKY MCINTYRE. HE DIED A FEW WEEKS AGO. AND HIS WIFE ASKED ME TO COME. ACTUALLY GOT TO WATCH HIM ON HE BREATHED HIS LAST. I CAME TO ATTENTION AND I SALUTED HIM AND I READ THOSE WORDS.

JESUS AND THE RESURRECTION OF LIFE. HE BELIEVES IN ME. THOUGH HE WERE DEAD, HE SHALL LIVE. I TOLD RICKY, THANK YOU FOR WATCHING OUR COUNTY. KEEPING IT SAFE. I WAS VERY, VERY PLEASED TO DO THAT. I SAID AS WE ARE LOSING THESE MEN, I AM HAPPY TO KNOW EXACTLY WHERE THEY ARE AT. CHRIST. IN PROVERBS CHAPTER 3, NUMBER SIX, TELLS US THIS. TRUST IN THE LORD ALL THINE HEART AND LEAN NOT UNTO THINE OWN UNDERSTANDING. IN ALL THINE WAYS, ACKNOWLEDGE HIM. BE NOT WISE IN THY OWN EYES TO FEAR THE LORD APART FROM EVIL. HONOR THY LORD. AND WITH THE FIRSTFRUITS OF THINE INCREASE. THAT IS WHY WE HAVE A PRAYER. WE WANT TO ACKNOWLEDGE THE LORD. MAY HIS PRESENCE BE HERE. ASK FOR WISDOM. GOD, WE THANK YOU FOR THIS DAY, LORD. I PRAY, LORD, YOU BLESS EACH. I PRAY, GOD, YOU GIVE US WISDOM. I PRAY YOU HEAR FROM HEAVEN, DEAR LORD AND KNOW EXACTLY WHAT WE SHOULD DO, SAY, AND PRAY, HEAVENLY FATHER. WE TRUST YOU. UPON YOUR WISDOM. WE LOVE YOU AND WE PRAISE YOU. WE THANK YOU FOR THIS COMMISSION AGAIN. SAME POSITION AS OUR NEEDS BEFORE YOU, JESUS. WE THANK YOU, JESUS. JESUS CHRIST, AMEN.

>> NOW, DR. JOSEPH GIAMONCO. >> WOULD YOU JOIN ME IN THE

PLEDGE? >> I PLEDGE ALLEGIANCE TO THE

[1. Overview of the County Attorney Recruitment Process. The finalist interviews mark the final stage of the County Attorney recruitment. On December 3, 2024, the Board directed Human Resources to conduct an in-house executive search, appointing a County Attorney Advisory Review Committee (ARC) with Commissioners Ann Taylor, Clay Murphy, and Human Resources Director, Desiree Woroner. The County Attorney ARC was tasked with interviewing candidates and recommending at least three for the Board to consider. After thirty days of advertising, the ARC met on January 23, 2025, and agreed to extend the job posting for an additional 30 days to strengthen the candidate pool. Three candidates from the original pool remained under consideration. After reposting, the ARC was satisfied with the pool and interviewed four candidates on March 4, 2025, and selected three candidates to advance to the finalist stage.]

JUSTICE FOR ALL. >> WE WILL GET STARTED WITH

DESIREE. >> GOOD MORNING. MADAM CHAIR.

COMMISSIONERS. I AM PLEASED TODAY TO OVERVIEW OF OUR PROCESS TODAY. SO, TYLER, IF YOU WOULDN'T MIND? SO I PROVIDED JUST A BRIEF SUMMARY FOR RECORDS PURPOSES. WE HAVE GONE OVER THE TIMELINE AND THE PROCESS, AND I BELIEVE WE ARE COMFORTABLE WITH THAT. BUT FOR THE PUBLIC RECORDS, AGAIN, I WILL GO TO THAT ONE MORE TIME. TODAY, WE ARE GOING TO PRESENT TO YOU THREE EXCELLENT CANDIDATES THAT WILL BE RICHARD KOMANDO, MICHAEL RODRIGUEZ, AND BRADLEY BULTHUIS. TYLER, IF YOU WOULDN'T MIND? JUST SOME RULES, I WOULD SAY. THANK YOU. I JUST WANT TO GO AHEAD AND READ THIS FOR YOU ALL. AS A POINT OF CLARIFICATION,

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EACH COMMISSIONER IS PROVIDED WITH CANDIDATES' UNREDACTED MATERIALS. PLEASE BEWARE THESE ARE NOT AVAILABLE FOR PUBLIC REVIEW. HOWEVER, WE HAVE PROVIDED TWO REDACTED PACKETS THAT ARE AVAILABLE TODAY FOR THE PUBLIC TO BE ABLE TO PASS AROUND AND SHARE AND LOOK AT OUR RESUMES, ET CETERA. PLEASE BE AWARE THAT ALL NOTES THAT ARE MADE BY THE COMMISSIONERS THAT PERTAIN TO TODAY'S INTERVIEWS ARE SUBJECT TO THE LAWS FOR PUBLIC RECORDS. PLEASE TURN THOSE INTO MISS MAGGIE WHENEVER WE ARE DONE TODAY. EACH OF THE COMMISSIONERS SUBMITTED INTERVIEW QUESTIONS EITHER IN WRITING OR VERBALLY SO THAT WE CAN MAKE SURE THAT THOSE WERE NOT DUPLICATES AND WE HAVE SO MANY MORE QUESTIONS FOR OUR PROCESS TODAY. AND THEN ALSO I JUST WANTED TO SAY, DEPENDING ON HOW THE DAY GOES AT YOUR PLEASURE YOU WILL BE ABLE TO TAKE BREAK FOR LUNCH . JUST GUIDE US AND HOW YOU WANT THE DAY TO LOOK. I DID WANT TO TAKE A MOMENT TO THANK YOU COMMISSIONERS AND OUR ADMINISTRATION AND OUR PUBLIC FOR THE INVOLVEMENT IN THIS POSITION. GOOD, MEANINGFUL DIALOGUE, I THINK. SO EACH CANDIDATE IS READY. THEY ARE SEQUESTERED. AND THEY ARE NOT ABLE TO HEAR US OR THE OTHER INTERVIEWS THAT ARE HAPPENING.

SO THEY WILL BE READY AND PREPARED FOR YOU. I ALSO WANT TO THANK MAGGIE, WHO HAS BEEN SUCH AN EXCELLENT HELP TO HR AND THE COMMISSIONERS IN THIS PROCESS AND HAS DONE TREMENDOUS WORK, SO THANK YOU, MS. MAGGIE. THAT WILL BE AT , SO IF I CAN ANSWER ANY

QUESTIONS. >> DO WE HAVE ANY QUESTIONS FROM THE BOARD? COMMISSIONER WHITEHURST?

>> QUICK COMMENT. THANK YOU TO COMMISSIONERS MURPHY, TAYLOR, TO YOU, MS. WORONER , AND YOU HAVE DONE A LOT OF WONDERFUL WORK. WE

[Items 2 & 3]

WORK AT THIS MOMENT. >> WE WILL GO AHEAD UNLESS THERE IS ANY FURTHER QUESTIONS TO BRING OUT OUR FIRST CANDIDATE.

>> THAT WOULD BE WONDERFUL. THANK YOU.

>> GOOD MORNING. >> GOOD MORNING. THANKS FOR BEING HERE. ALL RIGHT. WHO WOULD LIKE TO START OFF THE QUESTIONS?

COMMISSIONER MURPHY. >> A MORNING, SIR. THANK YOU FOR BEING HERE. AS COUNTY BOARD JUST LOOKING FOR THE CHANCE TO OBTAIN A ROLLBACK WITHIN OUR -- WITHIN OUR RANK , WHAT WAY CAN YOU HELP US OBTAIN OUR GOAL IF YOU WERE SELECTED?

>> WELL, WHEN I WAS SELECTED AS YOUR INTERIM COUNTY ATTORNEY, THERE WAS A LOT OF DISCUSSION ABOUT BRINGING IN A NEW STAFF MEMBER, BRINGING IN A NEW ATTORNEY, AND WE TOOK A LOOK AT THE JOB RESPONSIBILITIES. WE RELINED THOSE DUTIES TO MATCH UP WITH COUNTY DEPARTMENT TO TRY TO PROVIDE LESS OVERLAP AND A LITTLE MORE EFFICIENCY. IN ADDITION TO THAT, HIRING A FIRM OR HIRING US, YOU AVOID HAVING TO PAY THINGS LIKE PAYROLL TAXES. ANNUAL LEAVE. SICK LEAVE. YOU DON'T HAVE TO PAY ESSENTIALLY A PENSION OR RETIREMENT, AND YOU ALSO WOULDN'T HAVE TO PAY A SEVERANCE PACKAGE IF THERE WAS SOME REASON WHY OUR FIRM WOULDN'T REPRESENT THE COUNTY.

SO THERE IS A FEW DIFFERENT WAYS WE COULD WORK TOWARDS HELPING

YOU ACHIEVE THAT ROLLBACK. >> THANK YOU.

>> I GUESS I AM GOING TO ASK YOU MIND BECAUSE IT KIND OF GOES RIGHT AFTER THAT. SO YOU ARE RUNNING -- YOU ARE HERE

REPRESENTING YOUR FIRM. >> S.

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>> SO I WAS WONDERING, CAN A PRIVATE ENTITY, YOU KNOW, PROMOTE, EVALUATE COUNTY EMPLOYEES, HIRE AND FIRE, AND WHAT IF YOU LEFT YOUR FIRM? THEN WE WOULD HAVE A WHOLE ANOTHER ATTORNEY COMING IN FROM THE FIRM? CORRECT? I AM NOT SURE, DOES THE STATE ALLOW OTHER PEOPLE TO CONTROL OUR COUNTY STAFF WITHOUT BEING AN ACTUAL COUNTY ATTORNEY WITH THE

GOVERNMENT? >> IT DOES. THERE IS NOT A LEGAL PROHIBITION. WE HAVE BEEN DOING IT FOR MORE OF THE PAST YEAR.

>> WELL, PART-TIME. THIS IS A FULL-TIME JOB. YOU STILL DIDN'T

ANSWER MY QUESTION. >> YOU STARTED TALKING. I AM SORRY. I AM GOING TO EXPAND ON THAT. IF FOR SOME REASON I LEFT THE FIRM OR WASN'T PART OF THAT, WE WOULD DISCONTINUE THE CONTRACT.

YOU CAN IN YOUR CONTRACT AS ANY WHICH PERSON IS THE COUNTY ATTORNEY. EVEN THOUGH THE WHOLE FIRM IS THERE AS A RESOURCE, ESSENTIALLY THERE IS DIFFERENT RESOURCE PROBLEMS, DIFFERENT HISTORICAL PROBLEMS, IT GIVES ME A BACKGROUND AND WEALTH OF KNOWLEDGE TO TALK TO PEOPLE WHO HAVE BEEN BOARD CERTIFIED FOR

MORE THAN THE PAST 35 YEARS. >> ARE THERE ANY OTHER COUNTIES THAT HAVE FIVE ON STAFF COUNTY ATTORNEYS -- FIVE ON STAFF ASSOCIATE ATTORNEYS THAT ARE RUN BY A PRIVATE ENTITY OR FIRM?

>> I HAVEN'T LOOKED INTO THAT. IN PUTNAM COUNTY, WE HAVE AN ADDITIONAL ATTORNEY THAT IS PART OF THE COUNTY ATTORNEY'S OFFICE THAT I SUPERVISE FOR THE MOST PART. I HAVE BEEN TOLD THAT ORLANDO -- I DON'T KNOW IF IT IS AUSSIE ON OR ORANGE COUNTY -- OPERATES UNDER MODEL BUT I HAVEN'T DUG TOO FAR INTO THAT.

>> THANK YOU. COMMISSIONER MURPHY, YOUR LIGHT IS ON. DID YOU WANT TO GO NEXT? COMMISSIONER TAYLOR?

>> YES. GREAT. THIS KIND OF GOES IN HAND, TOO. YOU STATED IN A PREVIOUS INTERVIEW THAT WE HAD THAT YOUR FIRM WOULD BE BRINGING IN AN ASSOCIATE TO ASSIST WITH YOUR WORKLOAD. NOW, HOW WELL -- HOW WELL THAT ASSOCIATE FUNCTION TO OUR COUNTY?

>> THEY WON'T. IT IS THE WORKLOAD RELATED TO OTHER

CLIENTS. >> AND WOULD THEY EVER BE SUBSTITUTED FOR YOU AT A POCC MEETING?

>> NEVER. >> HOW MANY YEARS OF EXPERIENCE

WITH GOVERNMENT LAW? >> I DON'T KNOW.

>> OKAY. SO IT IS SOMEBODY THAT STILL NEEDS TO BE HIRED.

>> CORRECT. >> GOT IT.

>> THANK YOU. >> COMMISSIONER WHITEHURST?

>> THANK YOU, MADAM CHAIR. MR. KOMANDO, THE COUNTY ATTORNEY BY DESIGN IS APOLITICAL. OUR COUNTY ATTORNEY HAS BEEN SUBJECTED TO POLITICAL ATTACKS BY POLITICAL ACTIVISTS. FOR INSTANCE, YOU HAVE BEEN THE TARGET OF EIGHT ATTACK ADS ON SOCIAL MEDIA THAT HAS BEEN CIRCULATED. SINCE MARCH THE 5TH UNTIL JUST THIS MORNING.

SO I GUESS THE QUESTION FOR YOU IS, ARE YOU PREPARED TO CONTINUE TO SUBJECT YOURSELF TO POLITICAL ATTACKS? THE SECOND PART OF THIS QUESTION IS, HOW DO YOU ENSURE THE POLITICAL PRESSURE OF THESE ATTACK ADS FROM THESE POLITICAL ACTIVIST IN ST. JOHNS DO NOT INFLUENCE YOUR LEGAL GUIDANCE OF THE BOARD OF COUNTY

COMMISSIONERS? >> THANK YOU. SO AM I PREPARED? YES. I'M PREPARED TO DEAL WITH ANY KIND OF ATTACK THAT COMES OUT. A LOT OF KIND OF MY COMFORT REST IN THE FACT THAT I KNOW THE MAJORITY OF THAT IS NOT TRUE. I UNDERSTAND THERE ARE DIFFERENT THEORIES AND THERE ARE CONSPIRACIES. I HAVE BEEN TAGGED AS A DEVELOPER ATTORNEY, WHICH IS FASCINATING TO ME BEING THAT IN 25 YEARS OF PRACTICE I HAVE NEVER REPRESENTED ONE DEVELOPER.

I HAVE BEEN TAGGED AS ANTI-TREE IN SOME OF THOSE EVEN THOUGH I SPOKE WITH MS. MAXX CROSBY AND I TOLD HER I WOULD TRY TO HELP HER FIND ORDINANCES THAT HAVE BEEN TESTED AND WOULD BE TRUE FOR ST.

JOHNS COUNTY. AS FAR AS WITH THAT INFLUENCE MY PERSONAL KIND OF OUTLOOK? IT NEVER HAS. SO I LOOK AT THE LEGAL PROFESSION AS WE ARE HERE TO PROVIDE GUIDANCE TO YOU AT THE BOARD. WE ARE NOT HERE TO TELL YOU WHAT WE WOULD LIKE TO SEE HAPPEN. AND AS PART OF THAT, OUR JOB IS TO DO RIGHT BASED ON WHAT THE LAW IS. SO, IN THAT INTERPRETATION, NO, I WOULD NOT LET ANYTHING LIKE THAT INFLUENCE ANY OF MY OPINIONS OR DECISIONS.

>> MADAM CHAIR, IF IT IS OKAY, I WOULD LIKE TO ASK MY SECOND QUESTION. MR. KOMANDO, HOW WOULD YOU ASK A JOB AS A

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>> WELL, THERE WERE A NUMBER OF TIMES WHERE BOARDS CONSIDER INFORMATION IN A QUASIJUDICIAL SETTING. AND I THINK THE DANGERS ARE RANKING AND SOME OF YOUR OWN EXPERIENCES BECAUSE THE COURSE OF HOW THAT IS NOT COMPETENT AND SUBSTANTIAL EVIDENCE. I THINK SOME OF THE OTHER DANGERS IS YOU HAVE PEOPLE WHO ARE VERY PASSIONATE WHO COMING OF PUBLIC COMMENT AND IT IS MORE THAN JUST NOT IN MY BACKYARD. THEY WILL SAY THINGS THAT TRULY DO MOVE YOU AS COMMISSIONERS. I THINK IT IS INCUMBENT ON COUNTY ATTORNEY AND COUNTY ATTORNEY'S OFFICE TO HELP PREPARE EACH OF THE PERMISSIONS FOR WHAT IS COMPETENT AND SUBSTANTIAL EVIDENCE. SO IF THERE IS CONFIDENT AND SUBSTANTIAL EVIDENCE, SOMETIMES THEY COME IN REPRESENTED BY COUNSEL AS WELL. YOU HAVE THE OPTION TO ASK FOR ADDITIONAL INFORMATION BEFORE ULTIMATELY DECIDING ON WHETHER TO APPROVE OR DENY AN APPLICATION. SPECIFIC TO YOUR QUESTION ON HOW WOULD I LOOK TO DENY, THERE ARE A LOT OF DIFFERENT FACTORS. UNFORTUNATELY FOR YOU AND YOUR AGENDA ITEMS, YOU WILL SEE THE DIFFERENT ITEMS THAT MAKE REFERENCE TO DIFFERENT FINDINGS OF FACT. AND WE CAN PREPARE YOU TO MAKE SURE THAT YOU UNDERSTAND WHAT THOSE FACTORS ARE SO THAT WHEN YOU MAKE THE MOTION, IT IS A DEFENSIBLE MOTION BASED ON TRUE CONFIDENCE AND SUBSTANTIAL EVIDENCE.

>> CAN I DO A FOLLOW-UP THERE? SPECIFICALLY, YOU ASKED FOR A CERTAIN -- WHAT WAS -- YOU SPECIFICALLY ASKED ABOUT A

SERGEANT -- >> I AM ASKING ABOUT HOW HE WILL GUIDE A COMMISSIONER WHO IS ASKING, YOU KNOW, FOR GUIDANCE TO DENY A QUASIJUDICIAL ITEM THAT MIGHT APPEAR ON THE FUTURE

AGENDA. >> AND YOU MENTIONED SOMETHING.

WHAT WAS THAT? >> THE BAR VERSUS SNYDER.

>> CAN YOU TELL US WHAT THAT IS?

>> THE WHOLE ELEMENTS OF SUBSTANTIAL ELEMENTS THAT COME

FROM THE COURT. >> OKAY. THANK YOU. COMMISSION

ARNOLD? >> COMMISSIONER ALREADY ANSWERED MY QUESTION ABOUT IF WE WENT WITH HIS FIRM, WE WOULD NOT HAVE TO PAY PAYROLL TAXES, HEALTH INSURANCE, SICK LEAVE, OR AN ANNUAL SEVERANCE PACKAGE. IS THAT CORRECT? I DO HAVE ONE FOLLOW-UP THAT I WAS GOING TO ADD. THERE HAS BEEN A LOT OF TALK ABOUT YOU BEING OUR PART-TIME ATTORNEY OVER THE PAST YEAR. WOULD YOU SAY YOU HAVE PUT IN 40 HOURS OR MORE EVERY WEEK

SINCE YOU HAVE BEEN HERE? >> YOU KNOW, JUST LIKE ANY OTHER

COUNTY ATTORNEY -- >> MR. KOMANDO, YOUR MICROPHONE WAS OFF FOR THE FIRST PART OF THE QUESTION.

>> SO, YES. I PUT IN MORE THAN 40 HOURS A WEEK CARE. TO ME, THAT IS NOT WHAT MAKES YOU A WHOLE TIME ATTORNEY. YOU CAN SIT AT A DESK LIKE CANDIDLY AND READ TO CASELAW AND DICTA AND NOT REALLY ACCOMPLISH ANYTHING. BUT MOST ATTORNEYS THAT I KNOW, WE HAVE ATTORNEYS THAT WORK REMOTELY FROM TIME TO TIME. YOU ARE ALWAYS HAVING TO WORK, SOLVE PROBLEMS, ANSWER QUESTIONS, AND THAT HAPPENS EARLY IN THE MORNING, THAT HAPPENS AFTER HOURS, THAT HAPPENS NIGHTS, WEEKENDS. HONESTLY, FOR JUST ABOUT EVERY COMMISSIONER I HAVE EVER WORKED WITH. I WOULD BE THE

FULL-TIME. >> THANK YOU.

>> DOES THAT MEAN YOU WOULD HAVE A FULL-TIME PRESENCE HERE AT THE

BUILDING? >> I THINK THAT IS WHAT I JUST ANSWERED. HAVING A PRESENT SITTING IN THE CHAIRS NOT WHAT MAKES YOU A FULL-TIME ATTORNEY. WHAT I HAVE A FULL-TIME PRESENCE? I DO THAT NOW. YOU ALL ARE NOT HERE EVERY DAY SO THAT MAKES IT EASIER TO CATCH UP ON SOME OF YOUR REQUESTS. RESEARCH

AND PROVIDING ANSWERS TO YOU. >> I DID NOTICE IN YOUR INTERVIEW, YOU SAID YOU ARE TAKING CALLS ALL WEEKEND LONG.

IS THAT FROM THE COMMISSIONERS?

>> IT CAN BE FROM COMMISSIONERS, DEPARTMENT HEAD, STAFF.

>> I'M JUST CURIOUS. I DON'T EVER CALL YOU ON THE WEEKEND.

>> I WASN'T GOING TO CALL ANYONE OF YOU OUT BY NAME.

>> OKAY. COMMISSIONER ARNOLD? YOUR LIGHT IS ON.

>> OH, SORRY. >> COMMISSIONER TAYLOR?

>> IN 2024, THE PARENTAL RIGHTS GROUP, MOM'S FOR LIBERTY, ONE OF A FEDERAL COURT OF APPEALS DECISION RECEIVING ITS LAWSUIT THAT CLAIMS A FLORIDA SCHOOL BOARD VIOLATED MEMBERS' FIRST AMENDMENT RIGHTS BY RESTRICTING COMMENTS AT PUBLIC MEETINGS. THE COURT ALSO STRUCK DOWN THE ROPE PROHIBITING PERSONAL DIRECTED SPEECH. WHAT IS YOUR OPINION ON PUBLIC COMMENTS BEING ALLOWED THAT ALLOW COMMISSIONERS ACTIONS TO BE CRITICIZED IN NAMING THE COMMISSIONER GOING TO COMMENT? CURRENTLY, NO COMMENT IS ALLOWED, AND I AM JUST WONDERING WHAT WOULD YOU ADVISE THAT IS PERMISSIBLE? NOW, IN LIGHT OF THE MOMS FOR LIBERTY DECISION?

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>> SO WHEN THAT DECISION FIRST CAME OUT, THERE WAS SOME DISCUSSION BEHIND THE SCENES WHETHER OR NOT THERE WAS GOING TO BE APPEALED FROM THE 11TH CIRCUIT TO THE UNITED STATES SUPREME COURT. THAT PROCESS DOES TAKE A LITTLE BIT OF TIME.

HAVING LET THAT PROCESS KIND OF PAN OUT, MY OPINION IS THAT PERSONALLY DIRECTED TO TAX ARE PERMISSIBLE UNDER YOUR FIRST AMENDMENT RIGHTS. THAT CASE WENT INTO GREAT DETAIL UNDERSTANDING THAT THE SCHOOL BOARD AND WE ARE SIMILAR TO THE SCHOOL BOARD IN THAT WE ARE A LIMITED PUBLIC FORUM, SO THAT KIND OF AFFECTS WHICH KIND OF CONSTITUTIONAL SCRUTINY IS APPLIED TO THE DIFFERENT TYPES OF SPEECH. IN THAT CASE, THERE WERE SOME SIGNIFICANT PROBLEMS WITH HOW THE RULE WAS APPLIED. IN THAT CASE, IF SOMEONE CAME UP AND PRAISED THE PARTICULAR COMMISSIONER, THAT WAS A LOUD.

BUT IF THERE WAS ANY TYPE OF NEGATIVE COMMENT OR ATTACK, THAT WAS NOT ALLOWED. SO THE UNEQUAL APPLICATION OF THE RULE CREATED A PROBLEM. THE SECOND PART IS THE CHAIR CANNOT EVEN DEFINE WHAT THE RULES WERE. SO THE 11TH CIRCUIT GOES INTO GREAT LENGTHS TO EXPLAIN THAT, YOU KNOW, GOVERNMENTS CAN LIMIT SPEECH IN A LIMITED PUBLIC FORUM, JUST LIKE OURS. BUT WHEN THEY DO THAT, THERE HAVE TO BE STRICT GUIDELINES THAT EXPLAIN TO THE PUBLIC SO THEY KNOW WHAT THEY ARE ALLOWED TO SAY AND NOT ALLOWED TO SAY. SOME OF THE OTHER RHETORIC THAT WAS PART OF THAT CASE TALKED ABOUT WHAT WAS CONSIDERED OBSCENE. THERE'S CASELAW THAT TALKS ABOUT WHAT WAS OBSCENE. BUT IT WASN'T PART OF THAT RULE. SO, US, AS WE SIT HERE TODAY, WE DO NEED TO AMEND OUR BOARD RULES. DEALS WITH PEOPLE'S CONSTITUTIONALLY PROTECTED RIGHTS AND WHAT IS ALLOWED IN A PUBLIC FORUM. SO I AGREE WITH THE OPINION. YES. WE WOULD HAVE TO MAKE SOME AMENDMENTS FOR OUR RULES. UNTIL THAT TIME, I WOULD SUGGEST WE

DON'T ENFORCE THAT. >> OKAY. THANK YOU.

>> HOW MANY ORDINANCES HAVE YOU WRITTEN FOR OUR COUNTY?

>> FOR YORK COUNTY? I DON'T TYPICALLY HAVE TO WRITE THE ORDINANCES HERE BECAUSE THE ATTORNEYS -- THE ASSISTANT COUNTY ATTORNEYS HANDLE THAT. SOMETIMES YOUR HEADS REVIEW. IN GENERAL, I HAVE WRITTEN HUNDREDS OF ORDINANCES AND RESOLUTIONS.

>> SO, DAY ONE OF BEING A FULL-TIME ATTORNEY, IS THAT LOOKING DIFFERENT THAN IT IS NOW? WHAT DIFFERENT THINGS WOULD YOU DO OR JUST BE EXACTLY WHAT YOU ARE NOW?

>> WELL, I HOPE THERE'S NOT A PROBLEM WITH WHAT I AM NOW. I WOULD SAY DAY ONE, ONE OF THE CONCERNS I HAVE IS THAT MENTAL HEALTH OF THE OCA STAFF. I THINK THE WAY THE PRIOR ATTORNEY EXITED WITH A NOT A WHOLE LOT OF TRANSPARENCY . TAKING CARE OF THAT OFFICE IS WHAT REALLY MAKES THIS ALL WORK.

AND BY PROVIDING CONFIDENT, LEGAL ANALYSIS AND OPINIONS TO YOU, THAT IS WHAT I WOULD DO ON DAY ONE.

>> ANYTHING ELSE? THANK YOU. ANY OTHER QUESTIONS? I THINK THAT IS GOOD. DO YOU HAVE ANYTHING ELSE TO SAY?

>> THANK YOU SO MUCH FOR THE OPPORTUNITY TO SERVE AS YOUR INTERIM COUNTY ATTORNEY. THANK YOU SO MUCH FOR YOUR VERY POINTED QUESTIONS. I THINK YOU'RE GETTING GOOD QUESTIONS BOTH ON THINGS YOU HAVE SEEN FROM OUR OFFICE AND FROM ME. I KNOW YOU ARE GETTING DIFFERENT THINGS FROM THE PUBLIC. AND IT REALLY IS AN HONOR TO SERVE HERE. AS I SAID IN MY LAST INTERVIEW BEFORE MY COMMITTEE, THIS IS MY HOME. I HAVE THE ABILITY TO TAKE THINGS I HAVE LEARNED ALL AROUND THE AREA AND BRING THEM TO THE BENEFIT OF MY HOME, WHICH IS MY PURE AND ON THE INTENTION. SO THANK YOU SO MUCH FOR CONSIDERING MY

APPLICATION. >> THANK YOU.

>> HEY, MAGGIE, CAN WE SEE YOU UP FRONT FOR A SECOND? YOU DON'T HAVE TO RUN. TAKE YOUR TIME, BUT HURRY UP. I AM TEASING. AND FOR ANYBODY INTERESTED, WE ARE JUST GOING TO TAKE A BREAK WHILE WE BRING THE NEXT CANDIDATE IN.

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>> WERE THEY IN A DIFFERENT COUNTY OR SOMETHING?

[00:33:02]

>> WELCOME. MR. RODRIGUEZ. >> WAITING TO GET IN FRONT OF THE MICROPHONE TO SAY GOOD MORNING. I KNOW HOW TO BE ON THE

RECORD. >> ANYONE? OH, COMMISSIONER MURPHY IS GOING TO START YOU OFF.

>> GOOD MORNING, SIR. THANK YOU SO MUCH FOR BEING HERE. I DON'T THINK I SAID THIS WITH THE LAST ONE, BUT I AM VERY PLEASED WITH THE POOL OF APPLICANTS THAT WE HAVE. I THINK REGARDLESS OF THE APPLICANTS WE HAVE, WE ARE GOOD SHAPE WITH THE COUNTY. MY FIRST QUESTION IS, AS A COUNTY BOARD THAT IS LOOKING FOR THE CHANCE TO OBTAIN A MILITARY ROLLBACK, IN WHAT WAYS CAN YOU AS -- IF OFFERED THE JOB HELP US OBTAIN OUR GOAL?

>> WELL, I THINK WHAT IS IMPORTANT TO NOTE IS THAT FOR STARTERS THOUGH AS A COUNTY ATTORNEY, COUNTY ATTORNEY DOES NOT SET POLICY. SO I DON'T THINK IT WOULD BE PROPER FOR THE ATTORNEY, FOR MYSELF IN THAT ROLE TO HELP TRY TO ESTABLISH THAT POLICY. THAT IS WITHIN THE PURVIEW OF THE COUNTY COMMISSION TO ESTABLISH THAT POLICY. SO I WOULD BE GUIDING YOU TO ENSURE THAT THE -- WHAT YOU WANT TO ESTABLISH FALLS WITHIN THE PARAMETERS OF WHAT IS PERMISSIVE UNDER FLORIDA STATUTES. SO THAT IS WHERE MY COUNSEL AND ADVICE WOULD FALL. BUT I WOULD NOT BE DRIVING THE TRAIN AND ESTABLISHING WHAT POLICY YOU WANT TO FOLLOW OR EVEN LEADING YOU IN ESTABLISHING POLICY BECAUSE THAT IS NOT, THAT IS NOT THE PURVIEW OF THE ROLE OF A

COUNTY ATTORNEY. >> IF I COULD JUST ASK THAT QUESTION IN A DIFFERENT WAY? ONE OF THE THINGS THAT I HAVE EXPERIENCED IN MY FOUR MONTHS OF WONDERFUL EXPERIENCE AS A COUNTY

[00:35:03]

>> OKAY. SO YOU'RE TALKING ABOUT TRYING TO CUT BACK OUR OWN DEPARTMENT SPENDING IS WHAT YOU'RE LOOKING AT? TO BECOME MORE FISCALLY RESPONSIBLE AS A DEPARTMENT?

>> YEAH. I AM ASKING IF THERE COULD BE A WAY FOR YOU AS THE COUNTY ATTORNEY TO HELP US TRIM OUR BUDGET?

>> WITHOUT GOING INTO THE SPECIFICS, THERE ARE WAYS IN WHICH WE COULD LOOK AT TRIMMING THE BUDGETS, AS ANY LEGAL DEPARTMENT WILL LOOK AT WHETHER IT BE TRYING TO SEE IF THERE IS AREAS WHERE , WITHOUT SPECIFICS, IF THERE IS AREAS WHERE THERE IS OUTSIDE COUNSEL SPENDING THAT CAN BE REDUCED AND WHERE THINGS CAN BE DONE INTERNALLY. THOSE ARE AREAS THAT I AS A COUNTY ATTORNEY CAN LOOK AT TO REDUCE SPENDING. OTHER AREAS ARE, ARE THERE PLACES WHERE WE CAN LOOK AT SAVING MONEY? ALTERNATIVES WHEN IT COMES TO, USUALLY AT IS LIKE INSURANCE COVERAGES FOR THE COUNTY AND WHAT COVERAGES WE CAN RECEIVE, IN WHICH THERE ARE POTENTIAL SAVINGS THERE. ARE THERE OTHER AREAS THAT SAVINGS CAN BE OBTAINED? THOSE ARE OTHER LOCATIONS, WHEREASA DEPARTMENT WE CAN LOOK AT AS WELL TO TRY TO OBTAIN SAVINGS. THOSE ARE THE AREAS WITHIN THE LEGAL DEPARTMENT. I MEAN, IT IS USUALLY, LEGAL DEPARTMENTS AREN'T LARGE COST GENERATORS, PER SE, BESIDES FROM, YOU KNOW, SALARIES OR STAFF. I AM NOT GOING TO SIT HERE AND SAY I AM LOOKING AT CHOPPING BLOCKS WITHOUT ANY SPECIFICS. I CAN'T COMMIT TO THAT.

>> OKAY. >> BUT THOSE ARE THEORETICALLY AREAS WHERE WE CAN LOOK AT, YOU KNOW, BEING FISCALLY RESPONSIBLE

AS A DEPARTMENT. >> THANK YOU.

>> ALL RIGHT. I WILL STEP IN. I WAS VERY IMPRESSED WITH YOUR INTERVIEW WHERE YOU SAY YOU DO NOT PROVIDE POLITICAL ADVICE.

ONLY LEGAL ADVICE. THAT IS NOT MY ROLE OR MY JOB. COULD YOU SPECIFICALLY GO A LITTLE FURTHER ON THAT? I WOULD LIKE TO HEAR A

LITTLE MORE ON THAT. >> WELL, IN THIS JOB, AND I HAVE BEEN DOING THIS FOR QUITE A LONG TIME. ATTORNEYS ALWAYS GET INTO TROUBLE WHEN -- SEE, THERE IS FIVE OF YOU. ATTORNEYS GET INTO TROUBLE WHEN THEY BECOME KIND OF THE DE FACTO SIXTH COUNCIL MEMBER. AND IT FALLS IN LINE WITH THE LAST ANSWER I GAVE WHICH IS THE ATTORNEY DOES NOT DRIVE POLICY OR CREATE POLICY, MAINLY BECAUSE, ONE, THE MEMBERS, THE RESIDENCE, AND I SAY THE RESIDENTS HERE, THEY DON'T VOTE FOR THE COUNTY ATTORNEY. THE COUNTY ATTORNEY'S NOT HERE TO ESTABLISH ANY TYPE OF POLICY OR BE SOMEONE THERE ADVOCATING FOR POLICY. THE COUNTY ATTORNEY IS THE LEGAL REPRESENTATIVE AND THE LEGAL COUNSEL FOR THE GOVERNMENT. AND OUR JOB IS SIMPLY TO ADVOCATE FOR THE POSITION THAT THE MAJORITY OF THIS BOARD VOTES ON, ELECTS TO MOVE FORWARD. ONE OF THE EASIEST ANALOGIES THAT WAS GIVEN TO ME, AND THIS IS THE ANALOGY THAT I HAVE MOVED FORWARD. AND ONCE I ATTAINED THAT SEAT WHEN I WAS A CITY ATTORNEY, I WAS TOLD MY GUYS, GUYS, MY JOB IS TO CALL BALLS AND STRIKES. I WAS ACTUALLY YOUTH-BASED EMPIRE. I DON'T SET THE LINEUP. I DON'T PICK UP THE PHONE TO CALL THE BULLPEN AND SAY IT IS TIME TO CALL THE RELIEF PITCHER. I JUST CALL BALLS AND STRIKES. AND SOMETIMES THE ADVICE I MAY GIVE YOU MAY NOT LIKE. AT YOU DON'T LIKE IT, WELL, SOMETIMES THERE ARE POLITICAL RAMIFICATIONS THAT YOU MIGHT NOT LIKE. BUT MY JOB IS TO GIVE YOU THE PARAMETERS OF WHAT IS WITHIN THE LAW. YOU MAY NOT AGREE AND SOMETIMES YOUR VOTE MAY DISAGREE WITH THE ADVICE THAT YOUR COUNSEL GIVES. BUT, AS YOUR COUNSEL, AND POLITICS MAY DIFFERENTIATE WITH THE ADVICE, I WILL THEN HAVE TO DEFEND THAT POSITION AS IF I HAD GIVE YOU THAT ADVICE. AND THAT IS MY JOB AS YOUR COUNSEL MOVING FORWARD. AND THAT IS WHERE I DO NOT GIVE POLITICAL ADVICE. IF I AM ASKED A QUESTION ON A MATTER, I WILL GIVE YOU THE -- WHAT THE IMPACT WOULD BE LEGALLY . HOW IT WILL AFFECT ANY OF YOU INDIVIDUALLY. IF YOUR TO COME INTO MY OFFICE AND ASK A QUESTION AND I WOULD GIVE YOU LEGAL ADVICE. IF YOU

[00:40:03]

BECAUSE THE ROLE, AND IT HAS ALWAYS BEEN MY OWN POLICY WHEN CARRYING , RESPONSIBLE FOR MY DEPARTMENTS, I WOULD BRING THIS FORWARD HERE. THE OFFICE OF THE COUNTY ATTORNEY IS TO BE POLITICALLY INDEPENDENT FROM THE COUNCIL AND THAT THE COUNTY COMMISSION SHOULD HONOR THAT INDEPENDENCE OF THE OFFICE OF COUNTY ATTORNEY TO PROVIDE SOLID LEGAL ADVICE TO BOTH THE BOARD OF COUNTY COMMISSIONERS, AS WELL AS ITS COUNTY STAFF BECAUSE THEY NEED TO RELY ON THAT LEGAL ADVICE IN ORDER TO -- TO PERFORM ITS DUTIES ON BEHALF OF THE RESIDENTS WITHIN THE PARAMETERS ESTABLISHED BY BOTH STATE AND FEDERAL LAW.

>> THANK YOU. EXCELLENT. ANY OTHER QUESTIONS HERE?

COMMISSIONER TAYLOR? >> GREAT. THANK YOU. NICE TO SEE

YOU AGAIN. >> SAME HERE.

>> THERE IS STRONG PUBLIC SENTIMENT TO SLOW DOWN THE GROWTH IN ST. JOHNS. IT IS ONE OF THE FASTEST GROWING COUNTIES IN THE STATE AND RECENT AFFECTIONS THAT DESIRE. HOW TO BALANCE THE POSSIBLY HAVING A POSITIVE - MORATORIUM ON GROWTH WITH THE DESIRES OF LARGE LANDOWNERS TO

DEVELOP THEIR PROPERTY? >> IT IS NOT IN MY OWN PERSONAL OPINION OF HOW TO BALANCE THAT. IT IS GOING TO COME DOWN TO WHAT THE LAW DICTATES AND THAT REALLY IS -- AS I SAID WHEN I FIRST MET WITH YOU, IT IS THE ONE THINK YOU ARE TAUGHT IN LAW SCHOOL.

FIRST DAY IN LAW SCHOOL, IF YOU'RE GOING TO LEARN ANYTHING YOUR THREE YEARS HERE, IS THAT THE ANSWER TO ALL THE QUESTIONS THAT YOU WILL EVER BE ASKED IS, WELL, IT DEPENDS. AND IT REALLY IS GOING TO DEPEND ON A CASE-BY-CASE BASIS. AND THE LAW IS QUITE CLEAR WHEN IT COMES TO ISSUES OF DEVELOPMENT. AND THAT IS YOUR POWER TO DECIDE A MATTRESS HOLY THAT WHEN A MATTER COMES BEFORE YOU, YOUR DECISION HAS TO BE BASED ON CONFIDENT, SUBSTANTIAL EVIDENCE. AND IF THERE IS ENOUGH EVIDENCE FOR YOU TO SUPPORT A DECISION TO DENY AN APPLICATION FOR A PROJECT THAT YOU BELIEVE IS GOING TO CAUSE NEGATIVE IMPACTS UPON THE COUNTY AND THAT EVIDENCE IS THERE TO SUPPORT THAT, MY ADVICE IS, IF THE EVIDENCE IS THERE, THEN, THEREFORE, YOU MAY PROCEED. I WOULD ADVISE THAT YOU CAN GO FORWARD AND REQUEST THAT THE NILE.

WHEN IT COMES TO MORATORIUMS, AND THIS IS AN ISSUE THAT YOU ARE NOT ALONE. THIS IS ACTUALLY SOMETHING THAT IS THROUGHOUT THE STATE OF FLORIDA. CURRENTLY THE CHIEF DEPUTY CITY. EVERY SINGLE ONE OF OUR MEETINGS WE HAVE CONSTANTLY RESINS COMING UP ASKING, WELL, CAN WE HAVE A MORATORIUM UNTIL OUR ROADS ARE TAKING CARE OF? WHEN I WAS A FORMER CITY ATTORNEY, ON A WEEKLY BASIS, FOLKS COME UP. WE WANT A MORATORIUM. THE ANSWER IS ALWAYS THE SAME FROM THE CITY ATTORNEY. SAME ANSWER I GAVE WHEN THAT ISSUE CAME UP WHEN I WAS CITY ATTORNEY. ISSUES OF MORATORIUMS ARE VERY TRICKY BECAUSE YOU HAVE TO BALANCE NOT ONLY THE RIGHTS OF THE CITY, BUT THAT RIGHTS OF PROPERTY OWNERS.

BECAUSE I DO NOT WANT TO SOUND THE SEIZURES BUT THEY HAVE PROPERTY RIGHTS AS WELL. BUT MORATORIUMS ARE ISSUES THAT WILL HAVE TO BE SPECIFIC. THEY HAVE TO GO TO A SPECIFIC GOAL WITH A SPECIFIC TIMEFRAME, WITH A SPECIFIC ENDGAME, AND YOU HAVE TO STUDY A SPECIFIC ISSUE, GO TO THAT ISSUE, STUDIED THAT ISSUE, AND THEN COME TO A SOLUTION TO THAT ISSUE AND THEN PROCEED FORWARD. WE HAD A SIX-MONTH MORATORIUM WHERE WE WERE GOING TO REGULATE. WE HAD AN OVERABUNDANCE OF, COLLOQUIALLY, THEY ARE DOLLAR STORES. THE LEGAL TERM WE CAME UP WITHIN OUR ZONING CODE WERE SMALL BIG-BOX STORES. THE THING THAT THEY WERE CALLED. IN THE SIX MONTHS WHILE WE WERE SITTING HAD STORES WERE TO BE PERMITTED. DURING THAT TIME, WE ACTUALLY STUDIED AND CREATED, HELPED DESIGN THE CODE.

WE MODELED IT AFTER SEVERAL CITIES IN THE COUNTRY.

[00:45:01]

KANSAS CITY, KANSAS, I'M SORRY. THERE WERE WHERE THE STORES PROLIFERATED, FOOD DESERTS. IT WAS AT THAT POINT, A SPECIFIC STUDY, A SPECIFIC END GAME, AND THEN AT THE END OF THAT TIME A NEW ORDINANCE WAS ADOPTED WHICH CREATED THAT REGULATION, AND THEN IT PROCEEDED FORWARD. THERE WAS NO LEGAL CHALLENGE BECAUSE WE MET THE STATUTORY REQUIREMENTS FOR A MORATORIUM TO AVOID A LEGAL CHALLENGE, AND THAT'S KEY.

YOU HAVE TO MAKE SURE THAT YOU HAVE YOUR MORATORIUM DONE UNDER THAT LEGAL FRAMEWORK TO AVOID SUCH A LEGAL CHALLENGE AND THEN YOU WANT TO AVOID THAT BECAUSE YOU WANT TO AVOID THE LITIGATION, THE ADDED EXPENSE.

YOU WANT TO BE FISCALLY RESPONSIBLE TO AVOID SUCH LITIGATION AS WELL AS RESPECTING THE PROPERTY RIGHTS OF INDIVIDUALS WITHIN THE COUNTY. SO THOSE ARE THE THINGS YOU REALLY WANT TO LOOK AT. AS I STATED, REALLY IS GOING TO COME ON A CASE-BY- CASE BASIS.

YOU WANT TO BE ABLE TO HAVE THAT PRESENTATION AND YOU REALLY WANT TO HAVE STAFF TAKE A LOOK AT A PROJECT, SEE IF THERE IS SOMETHING THAT CAN BE STUDIED TO SHOW IS THIS SOMETHING WHERE WE HAVE A PROBLEM, IS THERE EVIDENCE THAT CAN SUPPORT THE DENIAL OF A PROJECT.

IS THAT EVIDENCE COMPETENT EVIDENCE THAT IS -- THAT CAN WITHSTAND A LEGAL CHALLENGE, AND IF THAT'S THE CASE, THEN THAT'S ADVICE THAT IF I CAN GIVE SUCH LEGAL ADVICE, YES, THIS IS EVIDENCE THAT WE BELIEVE CAN WITHSTAND A LEGAL CHALLENGE AND MOVE FORWARD, THEN IT'S GOING TO BE YOUR PREROGATIVE AS A BOARD TO VOTE YEA OR NEIGH ON SUCH A

MATTER. >> THANK YOU SO MUCH, EXCELLENT.

THANK YOU. >> ALL RIGHT.

I'LL GO LACK. HOW MANY ORDINANCES HAVE YOU WRITTEN? HAVE YOU WRITTEN A LOT OR A FEW OR? ZERO?

>> IT'S DEFINITELY NOT ZERO. IT IS -- I'M GOING BY DIFFERENT JURISDICTIONS. IT'S DEPENDING ON THE NUMBER OF JURISDICTIONS, IT COULD BE OVER A HUNDRED.

>> WOW, GREAT.

>> BECAUSE IT'S STARTING FROM MARTIN COUNTY BACK IN 1997 TO VOLUSIA COUNTY, THE CITY OF APOPKA AND

PALM BAY. >> ARE YOU GOING TO HAVE A FULL-TIME PHYSICAL PRESENCE HERE

IN THE OFFICE. >> MY INTENTION IS I APPLIED TO BE THE IN- HOUSE COUNTY ATTORNEY FOR ST. JOHN'S COUNTY TO BE AN EMPLOYEE OF THE COUNTY.

>> AND WHAT'S DAY ONE LOOK LIKE FOR YOU?

>> DAY ONE WOULD BE TO ACTUALLY FIND WHERE THE OFFICE IS LOCATED.

BUT DAY ONE WOULD BE TO ACCLIMATE MYSELF, TO GET TO KNOW MY STAFF I THINK IS IMPORTANT. THE BIGGEST DIFFERENCE WOULD BE WHEN I WAS A CITY ATTORNEY WITH THE CITY OF APOPKA, IT WAS A ONE- MAN SHOW. IT WAS ME.

THE ONLY EXTENT OF A STAFF, THE ONLY OTHER PERSON TECHNICALLY IN THE CITY ATTORNEY'S OFFICE WAS MY RISK MANAGER, BUT HERE I KNOW THERE ARE -- I'VE GOT A DEPUTY COUNTY ATTORNEY AND SENIOR ASSISTANT COUNTY ATTORNEYS AND ASSISTANT COUNTY ATTORNEYS. I THINK IT WOULD BE IMPORTANT TO KNOW MY SUPPORTING STAFF ARE, THE ASSISTANTS, AS WELL AS THE SUPPORTING STAFF. GET TO KNOW THEM, GET TO KNOW THEIR ROLES, KNOW WHAT THEY ARE, LET THEM KNOW THAT WE'RE A TEAM. I HAVE BEEN IN PLACES WHERE THE LEADERSHIP HAS BEEN CHANGED. AND I KNOW THAT IT CAUSES A FEELING OF UNEASE, OF NOT KNOWING WHAT'S GOING TO HAPPEN. I HAVE BEEN IN PLACES WHERE THE TRANSITION HAS BEEN SMOOTH, BUT I'VE ALSO BEEN IN PLACES WHERE THE TRANSITION IS THE NEW PERSON COMES IN, AND THE NEW PERSON WANTS HIS PEOPLE, AND IT HAS BEEN A SENSE OF TURMOIL, AND THE NEXT THING YOU KNOW, EVERYONE WHO WAS THERE IS NOW GONE AND HAS BEEN REPLACED. I'M NOT THAT PERSON.

I DO NOT INTEND, IF CHOSEN, I DO NOT INTEND TO ROCK THE BOAT.

I INTEND TO -- YOU HAVE RESOURCES HERE AND THEY'RE HERE FOR A REASON, AND I INTEND TO HAVE THEM REMAIN HERE AND BE A REASON TO WORK WITH THEM AND WORK TOGETHER WITH THEM AND BE THAT TEAM FOR THE BETTERMENT OF THE COUNTY AND FOR THE BETTERMENT OF THIS BOARD, MEANING THIS IS A TEAM HERE TO SUPPORT YOU, AND I WILL WORK TOGETHER TO MAKE IT A GREAT TEAM TO PROVIDE SUPPORT FOR YOU.

SO, I MEAN, IF CHOSEN, I WANT TO ASSURE THOSE ATTORNEYS THAT ARE CURRENTLY IN THE OFFICE THAT I'M GOING TO -- I WANT TO GET TO KNOW ALL OF THEM, AND I WANT TO WORK TOGETHER WITH THEM, AND I WANT TO ASSURE THEM THAT I WILL -- I WILL SUPPORT THEM AND THAT THEY WILL HAVE MY UNYIELDING SUPPORT.

>> THANK YOU. COMMISSIONER WHITEHURST.

>> THANK YOU, MADAME CHAIR. MR. RODRIGUEZ, WELCOME TO ST.

[00:50:02]

FOR INSTANCE, THE CURRENT INTERIM COUNTY ATTORNEY HAS BEEN THE SUBJECT OF EIGHT NEGATIVE ATTACK ADS THAT'S BEEN CIRCULATING AROUND SOCIAL MEDIA BY A POLITICAL ACTIVIST BETWEEN MARCH 5TH AND THIS MORNING.

SO YOU CAN EXPECT THAT IF YOU ARE SELECTED TO REPRESENT US AS THE COUNTY ATTORNEY, YOU WILL CERTAINLY COME UNDER THE SIMILAR SCRUTINY THAT THE PAST COUNTY ATTORNEYS HAVE COME UNDER.

SO ARE YOU PREPARED TO SUBJECT YOURSELF TO THOSE KINDS OF ONGOING, CONSTANT POLITICAL ATTACKS BY POLITICAL ACTIVISTS HERE IN ST. JOHN'S COUNTY?

>> IN MY PREVIOUS ROLE AS CITY ATTORNEY IN THE CITY OF APOPKA, I HAVE HAD DEEP FAKE VIDEOS OF MYSELF. I HAVE BEEN STALKED WHILE GOING OUT TO LUNCH. I HAVE HAD PICTURES OF MY CAR IN THE PARKING LOT WHERE THEY WERE NOTING WHAT TIME I CAME IN, WHAT TIME I CAME OUT.

I HAD COUNTLESS BAR COMPLAINTS MADE ABOUT ME.

SO WHAT ELSE HAS BEEN DONE? SO, YES, IT'S KIND OF A BEEN THERE, DONE THAT, UNFORTUNATELY IN THIS DAY AND AGE, I THINK THAT'S PAR FOR THE COURSE. IN THE STATE OF FLORIDA, PERHAPS EVEN IN OUR COUNTRY, UNFORTUNATELY.

I LIKE TO THINK OF IT AS LESSONS LEARNED.

I THINK SINCE MY EXPERIENCE IN APOPKA, ONE OF THE THINGS I'VE DONE IS I'VE REALLY DISCONNECTED FROM SOCIAL MEDIA. I DON'T THINK IT'S NECESSARY BECAUSE, SIMILARLY, BECAUSE I DON'T ACT IN THE POLITICAL ROLE, THERE REALLY ISN'T ANY NEED FOR ME TO BE COGNIZANT, NECESSARILY OF THE -- THAT KIND OF A POLITICAL ROLE OF WHAT'S HAPPENING IN SOCIAL MEDIA. SO THEREFORE SINCE I'VE JOINED PALM BAY, I DON'T HAVE A CLUE WHAT'S GOING ON OR WHO THE PALM BAY SOCIAL MEDIA PAGES ARE BECAUSE I DON'T VENTURE TO GO ON TO THEM. I HAD TO LEARN, AND OUR CITY ATTORNEY IS THE SAME WAY. WE ACTUALLY GET IT THIRD HAND WHEN WE FIND OUT, HEY, DID YOU SEE WHAT SO AND SO WROTE? NO, I DON'T WANT TO KNOW. I ACTUALLY DO NOT HAVE A TWITTER ACCOUNT. I DELETED THAT.

MY SOCIAL MEDIA PAGES ARE COMPLETELY PRIVATE.

AND I ALSO -- I ALSO HAVE A POLICY, I DO NOT FRIEND ANYBODY I WORK WITH ON SOCIAL MEDIA. SO WHEN IT COMES TO SOCIAL MEDIA BASICALLY I DON'T EXIST, AND LUCKILY MY NAME IS SO COMMON THAT IF YOU GOOGLE ME, I BLEND IN WITH A WHOLE LOT OF PEOPLE UNFORTUNATELY. SOME OF THEM ARE KIND OF UNSAVORY CHARACTERS IN THE STATE OF TEXAS AND CALIFORNIA.

I CAN ASSURE YOU THEY ARE NOT ME.

SO DON'T TRY TO GOOGLE MY NAME BECAUSE A LOT OF THEM ARE NOT ME, MUCH TO THE CHAGRIN OF MY MOTHER. BUT AS I SAID, I'VE BEEN THERE, DONE THAT. I WAS THE TARGET OF A SMEAR CAMPAIGN. I WAS ONCE BEEN ACCUSED OF BEING ADDICTED TO AMPHETAMINES.

I'VE LOST 25 POUNDS. I HAVE SUFFERED THROUGH THAT, GONE THROUGH THAT. AND I THINK I'M UNFAZED.

I'M ALSO ORIGINALLY FROM MIAMI AND PRACTICE IN SOME LOCATIONS DOWN THERE. I HAVE SEEN AND HEARD THINGS AND WORKED ON THINGS. I DON'T THINK THERE'S MUCH THAT CAN FREAK ME OUT BY THIS

TIME. >> I APPRECIATE THE CANDOR IN YOUR ANSWER, AND A LOT OF GOOD ADVISE THERE ABOUT SOCIAL MEDIA. MR. RODRIGUEZ, ARE YOU AWARE OF ANY COUNTY- WIDE MORATORIUM, SO LET ME START OVER. ARE YOU AWARE OF ANY COUNTY THAT HAS INSTITUTED A MORATORIUM COUNTY WIDE ON ALL DEVELOPMENT IN ANY ONE OF THE 67 COUNTIES, NOT JUST NOW BUT IN THE HISTORY OF THE STATE OF FLORIDA?

>> OFF THE TOP OF MY HEAD, I'M NOT AWARE OF A BLANKET COUNTY-WIDE MORATORIUM, NO. THERE WILL BE SPECIFIC ISSUES THAT MAY BE RAISED ON -- IN REGARDS TO MORATORIUM, BUT BLANKET COUNTY- WIDE MORATOR IA, OFF THE TOP OF MY HEAD, I CAN'T THINK OF ANY RIGHT NOW, GIVE ME A LITTLE BIT OF TIME, I CAN GO THROUGH THE HISTORY BOOKS.

>> YOU HAVE HAD EXPERIENCE WITH PEOPLE COMING FORWARD DEMANDING --

>> I KNOW IN OUR REGION, FROM HERE IN VOLUSIA, EDGEWATER, NEW SMYRNA BEACH, AFTER SOME OF THE HURRICANES DID A FLOOD PLANE

[00:55:06]

THEIR COMMISSION DID NOT ACHIEVE THE VOTES TO PASS SUCH A MORATORIA. CHAIR JEFF BROWER, I CURRENTLY RESIDE IN VOLUSIA.

THAT'S WHY I'M FAMILIAR WITH IT.

VOLUSIA WAS ARGUING TO DO A MORATORIUM, BUT DID NOT OBTAIN THE VOTES TO PASS IT.

>> MY KNOWLEDGE OF MORATORIUM IS VERY SPECIFIC AND HAS TO BE ENACTED TO CURE A CERTAIN ISSUE.

>> CORRECT.

>> IS THAT YOUR UNDERSTANDING?

>> YES.

>> MY LAST QUESTION IS THIS, AND YOU HAVE TOUCHED ON THE GUIDANCE THAT HAS COME OVER BREVARD, BUT WHEN IT A COMMISSIONER COMES TO YOU ASKING FOR LEGAL GUIDANCE TO DENY QUASI JUDICIAL ITEM COMING BEFORE OUR BOARD, CAN YOU GO MORE INTO WHAT QUALIFIES AS COMPETENT SUBSTANTIAL EVIDENCE AND WHAT KIND OF GUIDANCE YOU COULD GIVE ANY COMMISSIONER WHO ASKS YOU FOR HELP TO DENY A PROJECT, A QUASI JUDICIAL

PROJECTS? >> SURE.

AND AGAIN, IT COMES DOWN TO IT REALLY DEPENDS.

SOME EXAMPLES, AND I GAVE THIS ONE WHEN I LAST MET WITH THE COMMITTEE. IT'S A TRAFFIC STUDY.

SAY IF WE HAVE A TRAFFIC STUDY, AND WE HAVE ANOTHER ENGINEER THAT PERFORMS A TRAFFIC STUDY THAT SHOWS, WELL, THE IMPACTS OF THIS WILL SHOW THAT THIS WILL CAUSE ROADS TO FAIL. SO THE WAY THAT THE METHODOLOGY FOR THIS STUDY WAS DONE WILL PROVE THIS. WELL, NOW WE'VE GOT EVIDENCE, THE EVIDENCE APPEARS TO BE COMPETENT, SUBSTANTIAL, IT MIGHT CONTRADICT EVIDENCE BROUGHT FORWARD FROM A DEVELOPER.

IF IT'S ENOUGH TO SUPPORT IT, AND IT'S WITHIN YOUR JUDGMENT TO DO IT, AND HERE I'M SPEAKING OUTOUT IN HYPOTHETICAL REALM, IF YOU MOVE TO DENY IT, BASED ON, SAY, YOU KNOW, GRAND ENGINEERS REPORT X SHOWS THAT THIS WILL CAUSE THE ROADS TO FAIL AND HENCE WE MOVE TO DENY APPLICATION WHY.

EVEN THOUGH DEVELOPER Y STUDY SHOWED IT WOULD NOT HAVE SIGNIFICANT IMPACT ON THE ROADS.

DEVELOPER Y APPEALS, WE GO TO COURT.

WE WOULD -- OUR ARGUMENTS WOULD BE TRAFFIC STUDY THAT WAS MADE BY THIS ENGINEER SHOWED THE FAILURE, DEVELOPER WILL ARGUE, OUR ENGINEER SAID THIS.

TO THE COURTS, THE COURTS ARE GOING TO FOR STARTERS SAY, WELL, ONE, THE COUNTY COMMISSIONER, SORRY, I ALMOST WENT INTO VOLUSIA SPEAK.

THEY ARE THE COUNTY COUNCIL. COUNTY COMMISSION, THEY VOTE.

COURTS WILL NEVER SECOND GUESS THE DECISION.

THEY WILL NOT STEP IN TO YOUR SHOES.

YOU USE YOUR JUDGMENT. YOU HEARD THE EVIDENCE.

THIS EVIDENCE IS COMPETENT, SUBSTANTIAL, AND THEY WILL SUPPORT AND AFFIRM YOUR DECISION.

THAT'S ONE EXAMPLE. SO IT'S REALLY GOING TO DEPEND ON THE QUALITY OF THE APPLICATION.

SOMETIMES IT'S GOING TO DEPEND ON THE QUALITY OF THE RECORD OF THE EVIDENCE THAT THE STAFF PRESENTS TO YOU. THERE'S A LOT OF TIMES YOU CAN DIRECT YOUR DEPARTMENT HEADS AND STAFF, HEY, TAKE A LOOK AT THIS. SEE IF THERE'S SOMETHING OUT THERE THAT SHOWS THIS IS GOING TO HAVE SOME TYPE OF A NEGATIVE ENVIRONMENTAL IMPACT, THAT'S SOMETHING THAT CAN SUPPORT A DENIAL. AND THEN THAT CAN MOVE US FORWARD. A LOT OF TIMES, ONE OF YOU COME IN, HYPOTHETICALLY, YES, THIS IS SOMETHING THAT I CAN GO FORWARD AND DEFEND THE ACTION. IF YOU GUYS HAVE THE VOTES, THIS IS SOMETHING I THINK I CAN MOVE FORWARD AND DEFEND ON YOUR BEHALF IF CHALLENGED, IF YOUR DECISION IS CHALLENGED.

>> I APPRECIATE THE ANSWERS TO MY

QUESTIONS. >> SURE.

AND ALONG THE LINES I SAID EARLIER, ONE OF MY POLICIES IF MADE COUNTY ATTORNEY, I TOLD THE COMMITTEE, I HAVE AN OPEN DOOR POLICY. ANY ONE OF YOU FIVE CAN WALK RIGHT INTO MY OFFICE, ASK ANY QUESTION, SIT DOWN, AND ASK ANY QUESTIONS YOU WANT.

I'M NEVER GOING TO SAY NO. YOU CAN GIVE ME A CALL.

IF I DON'T ANSWER, THERE'S ALWAYS GOING TO BE A RETURN CALL, AT LEAST WITHIN TWO OR THREE HOURS. THAT'S ALWAYS BEEN MY POLICY WHEREVER I'VE BEEN.

YOU CAN ASK ANY QUESTION. DOESN'T NECESSARILY MEAN YOU'RE GOING TO GET AN ANSWER.

IF IT'S POLITICAL, I'M GOING TO TELL YOU, I DON'T GIVE POLITICAL ADVICE.

THAT'S ALWAYS BEEN MY POLICY TO HAVE THAT OPEN

DOOR. >> COMMISSIONER ARNOLD AND THEN COMMISSIONER TAYLOR.

>> I DON'T HAVE ANY QUESTIONS. I WATCHED YOUR COMMITTEE INTERVIEW TODAY AS WELL, AND YOUR ANSWERS HAVE BEEN THOROUGHLY COMPREHENSIVE.

I APPRECIATE YOU COMING UP HERE AND GOING THROUGH THIS

PROCESS. >> THANK YOU.

>> COMMISSIONER TAYLOR.

>> GREAT. I DID HAVE A QUESTION.

IN 2024 THE PARENTAL RIGHTS GROUP, MOMS FOR LIBERTY WON A FEDERAL COURT OF APPEALS DECISION REVIVING ITS LAWSUIT THAT CLAIMS A FLORIDA SCHOOL BOARD VIOLATED A

[01:00:02]

THE COURT ALSO STRUCK DOWN THE RULE PROHIBITING PERSONALLY DIRECTED SPEECH. WHAT IS YOUR LEGAL OPINION ON PUBLIC COMMENTS BEING ALLOWED THAT ALLOW A COMMISSIONER'S ACTIONS TO BE CRITICIZED AND NAMING THAT COMMISSIONER DURING THE COMMENT.

CURRENTLYNO COMMENT IS ALLOWED THAT NAMES A COMMISSIONER. WHAT DO YOU ADVISE A LEGALLY ADVISABLE AND PERMISSIBLE FOR PUBLIC COMMENTS IN LIGHT OF THE MOMS FOR LIBERTY DECISION?

>> THIS HAS BEEN AN ISSUE THAT'S BEEN RILING UP MANY OTHER JURISDICTIONS.

NOW, THERE IS THAT RECENT DECISION.

THERE'S ALSO STILL THE OTHER DECISIONS WHICH STILL HOLD THAT A LOCAL GOVERNMENT DOES HAD THE AUTHORITY TO CONTROL THE DECORUM OF ITS MEETINGS. CITY COUNCIL AND COUNTY COMMISSION MEETINGS ARE IT'S A LIMITED PUBLIC FORUM. THEREFORE, YOU DO HAVE REASONABLE TIME, PLACE AND MANNER RESTRICTIONS.

SOME LOCAL GOVERNMENTS HAVE GONE TO THE EXTREME IN ELIMINATING WHAT IS KNOWN AS PUBLIC COMMENT.

NOW, THE SUNSHINE LAW REQUIRES THE PUBLIC DO HAVE AN OPPORTUNITY TO PROVIDE A COMMENT ON A MATTER THAT'S PRESENTED BEFORE THE BOARD FOR A VOTE.

I THINK IT'S -- THAT IS CLEAR THAT IF THERE'S A MATTER IN AN AGENDA, AND IT'S TO BE SPOKEN, THERE IS GOING TO BE A PUBLIC COMMENT.

I THINK THE AREA WHERE SOME CITIES AND COUNTIES HAVE HAD THAT WIGGLE ROOM IS GENERAL PUBLIC COMMENT ON DISCUSSING MATTERS THAT ARE NOT ON AN AGENDA. I KNOW THAT SOME LOCAL GOVERNMENTS HAVE BATTLED, AND WE HAD THIS BATTLE IN APOPKA, WHICH IS SOME MEMBERS OF THE PUBLIC, WHEN IT COMES TO PUBLIC COMMENT ARE THERE FOR LEGITIMATE REASONS TO PROVIDE ASKING FOR -- THEY HAVE LEGITIMATE -- I DON'T WANT TO SAY GRIPES, THEY HAVE LEGITIMATE CONCERNS, LEGITIMATE QUESTIONS.

SOMETIMES IT'S AS SIMPLE AS, HEY, GARBAGE HASN'T BEEN PICKED UP ON MY BLOCK, I NEED TO KNOW.

IT PROVIDES A GREAT OPPORTUNITY FOR THEM TO ADDRESS THAT ISSUE TO ELECTED OFFICIALS AND GIVES YOU AS AN ELECTED OFFICIAL, TO PICK UP YOUR DEPARTMENT HEAD, HERE'S SO AND SO FROM THIS DEPARTMENT, HAVING TO SPEAK TO THEM, IT'S AN AMAZING OPPORTUNITY FOR HANDS- ON GOVERNMENT. UNFORTUNATELY, THERE ARE OTHER FOLKS WHO USE THE OPPORTUNITY OF PUBLIC COMMENT TO EITHER, ONE, GRAND STAND, TWO, AND LATELY IN THIS AGE OF SOCIAL MEDIA, IT IS ALSO A WAY TO PROVIDE THEM SELF- PUBLICITY FOR SOCIAL MEDIA PAGES.

WE DID HAVE THOSE INSTANCES IN OUR CITY IN WHICH IT WAS JUST AN EXTENSION OF THEIR SOCIAL MEDIA PAGES. SOME CITIES HAVE GONE TO THE EXTREME, APOPKA DID THIS AFTER I LEFT, I DID NOT GIVE THIS LEGAL ADVICE. APOPKA, THEY MOVED THEIR PUBLIC COMMENT PERIOD TO THE END OF THE MEETING, AND WHAT THEY HAVE DONE ISTHEY ACTUALLY TURN OFF THE VIDEO FEED.

SO THAT IT'S NOT BROADCAST. NOW, THE PUBLIC STILL HAS A RIGHT TO PROVIDE PUBLIC COMMENT, BUT IT'S NOT BROADCAST.

IT'S NOT THE OBLIGATION OF THE LOCAL GOVERNMENT TO ACTUALLY SUBSIDIZE SOMEBODY'S SOCIAL MEDIA PAGE. IF YOU WANT THE AUDIO, THE RECORDING IS AVAILABLE. YOU MAY ASK FOR A PUBLIC RECORD, AND YOU'LL GET A RECORDING OF THE PUBLIC COMMENT, HOWEVER IT'S NOT BROADCAST ONLINE.

SO THAT IS ONE OPTION. NOW, THE ISSUE OF THE SPECIFIC COMMENTS, I THINK IT REALLY IS A FINE LINE. I THINK THERE ARE -- BECAUSE IT IS A LIMITED PUBLIC FORUM, AND THERE ARE REASONABL TIME, PLACE AND MANNER RESTRICTIONS, I THINK THERE ARE SOME CONCERNS WHERE DOES THE SPEECH DRAW THE LINE BETWEEN THREATENING SPEECH OR JUST SIMPLY CRITIQUE? I MEAN, IT REALLY IS -- I THINK WHAT IS IMPORTANT IS THAT IT HAS TO BE APPLIED EVENLY. AND I THINK IT'S REALLY IMPORTANT -- ONE OF THE MOST IMPORTANT, AND THIS IS SOME OF THE ADVICE I GAVE WHEN IT CAME, WHEN WE HAD THIS ISSUE, AND TRIED TO PASS A PUBLIC DECORUM ORDINANCE IN APOPKA. THAT OBLIGATION REALLY FALLS ON TO THE CHAIR OF THE MEETING TO CONTROL THE MEETING, TO APPLY THE DECORUM RULES EVENLY, AND TO REALLY CONTROL AND SEE WHERE THE ROOM GOES IN ORDER TO TRY TO NOT GET IT OUT OF HAND. I THINK IF YOU REALLY KIND OF FEEL THE ROOM, TRY TO SEE WHERE IT GOES BECAUSE SOMETIMES TOO HEAVY HANDED OF A, YOU KNOW, IF YOU'RE TOO HEAVY HANDED, YOU LOSE CONTROL THEN GIVING A LITTLE BIT OF LEEWAY TO KIND OF LET THINGS KIND OF SIMMER.

IT GOES A LONG WAY. I THINK THAT'S ONE WAY

[01:05:03]

BUT I THINK IT'S IMPORTANT TO NOTE IT'S NOT AN ABSOLUTE RIGHT BECAUSE THIS IS NOT A STRAIGHT PUBLIC FORUM.

IT'S A LIMITED PUBLIC FORUM. THERE ARE REASONABLE TIME, PLACE AND MANNER RESTRICTIONS AND THAT'S REALLY THE LEGAL JURISPRUDENCE WHEN IT COMES TO A PUBLIC MEETING, SUCH AS A PUBLIC COMMISSION MEETING IS.

>> THANK YOU SO MUCH.

>> ANY OTHER QUESTIONS? COMMISSIONER

MURPHY. >> MR. RODRIGUEZ, THAT WAS AN EXCELLENT ANSWER. IT REALLY HELPED CLEAR UP A LOT OF THINGS FOR ME. AND THIS IS PROBABLY GOING TO SOUND LIKE A WEIRD QUESTION, BUT I'M KIND OF GOOD AT THAT, SO ONE OF THE THINGS WE HOPE TO DO IS WE HOPE TO HIRE AN ATTORNEY THAT'S GOING TO BE OUR ATTORNEY FOR A LONG TIME. OVER THE PAST 25 YEARS, YOU'VE PROBABLY HAD ABOUT SEVEN OR EIGHT JOBS, YOU KNOW, LASTING ABOUT TWO AND A HALF YEARS.

WHAT IS YOUR THOUGHTS ON MAKING ST. JOHN'S COUNTY YOUR HOME.

IF OFFERED THE POSITION, IT WOULD BE YOUR LAST JOB.

>> I WAS ACTUALLY -- IF OFFERED, I -- WELL, MY POSITION -- MY GOAL WHEN I JOINED APOPKA IS I WANTED TO BE FOR THAT ONE TO BE MY LAST JOB.

POLITICS ACTUALLY MADE THAT IMPOSSIBLE. WHEN I APPLIED HERE AND GOT AN OPPORTUNITY, I ACTUALLY SPOKE WITH MY FORMER DEPUTY COUNTY ATTORNEY IN VOLUSIA, AND SHE WAS REALLY GOOD FRIENDS WITH PATRICK MCCORMICK, THE FORMER COUNTY ATTORNEY HERE FOR DECADES, AND I WOULD LOVE TO FOLLOW HIS LEAD, AND I WAS PRETTY MUCH KIND OF CUT MY CHOPS UNDER THE TUTELAGE OF DAN ECKERT, THE COUNTY ATTORNEY IN VOLUSIA COUNTY FOR 31 YEARS. I WOULD LOVE TO FOLLOW IN HIS FOOTSTEPS. I'M NOT A SPRING CHICKEN.

IT'S NOT LIKE I WOULD SAY I'LL BE HERE FOR 30 YEARS.

I DON'T WANT TO BE AN 80 SOMETHING-YEAR-OLD ATTORNEY ON THE DAIS, BUT HERE, HEALTH AND POLITICS WILLING, I DON'T PLAN ON LEAVING AND ON MOVING ON.

>> THANK YOU, THAT KIND OF DOVE TAILED WITH COMMISSIONER WHITEHURST'S QUESTION ABOUT HOW TO DEAL WITH THE POLITICAL SIDE OF THIS, AND I APPRECIATE YOUR CANDOR. THANK YOU.

>> ANY MORE FURTHER QUESTIONS? THANK YOU SO MUCH FOR COMING. I APPRECIATE IT.

>> YOU'RE VERY WELCOME.

>> AND WE'LL GET BACK TO YOU OBVIOUSLY SOON.

>> ALL RIGHT. THANK YOU.

>> THANK YOU. >> THANK YOU.

>> MORNING.

>> GOOD MORNING. HI, MR. BULTHUIS, HOW ARE YOU?

[01:10:02]

>> I'M DOING WELL CHAIR JOSEPH.

>> THANK YOU.

>> WHO WOULD LIKE TO START

FIRST, COMMISSIONER MURPHY. >> LET'S GO.

GOOD MORNING.

>> GOOD MORNING.

>> MR. BULTHUIS, DID I PRONOUNCE THAT RIGHT?

>> YOU DID.

>> THANK YOU. I'VE ASKED THIS QUESTION OF YOU BEFORE, AND I'M GOING TO ASK IT AGAIN BECAUSE WE'RE IN A DIFFERENT SETTING SO AS A COUNTY BOARD LOOKING FOR THE CHANCE TO OBTAIN ROLL BACK IN OUR TAX MILITARY RATE, IN WHAT WAYS CAN YOU IF CHOSEN AS COUNTY ATTORNEY HELP US REACH OUR GOAL?

>> SURE. I DO APPRECIATE YOU ASKING IT.

I THINK IT'S AN IMPORTANT QUESTION. I KNOW THIS BOARD HAS BEEN CONCERNED ABOUT BUDGET AND THE IMPACT ON ITS RESIDENTS.

I THINK IF I RECALL WE TALKED ABOUT HOW THE COUNTY ATTORNEY'S OFFICE IS PROBABLY THE SMALLEST OFFICE IN THE COUNTY, SO I DON'T KNOW THAT THERE'S A LOT OF SAVINGS THERE, AND I ALSO WILL SAY QUITE HONESTLY THAT I DO THINK IT'S IMPORTANT THAT WE NEED TO PAY TO HAVE AND ATTRACT GOOD EMPLOYEES. BUT I'M SENSITIVE TO THAT, AND I THINK WE CAN CERTAINLY WORK TOGETHER TO IDENTIFY WAYS THAT WE CAN IMPROVE THE BUDGET, LIKE OUTSIDE COUNCIL I KNOW IS IMPORTANT TO THIS BOARD. I BELIEVE WE'VE TALKED DURING THE COMMITTEE ABOUT SETTING BUDGETS FOR OUTSIDE COUNCIL WHEN WE HAVE A PARTICULARLY HIGH BUTTON LITIGATION, FOR INSTANCE, ASKING FOR AN ESTIMATED BUDGET FROM OUTSIDE COUNCIL, AND DISCUSSING THAT WITH THE BOARD TO GET THE BOARD'S BUY- IN ON THAT.

I THINK THAT'S ONE WAY FOR US TO IMPROVE ON THE BUDGETARY SIDE. YOU KNOW, IF THERE ARE, YOU KNOW, OTHER WAYS THAT WE CAN IMPROVE ON THE SPENDING SIDE IN THE OFFICE, I CERTAINLY WANT TO WORK WITH THE BOARD TO MAKE SURESURE WE ARE FURTHERING THE GOALS THAT THIS BOARD HAS MADE VERY

CLEAR. >> AND JUST ONE OTHER QUESTION IF YOU DON'T MIND LITERALLY JUST POPPED IN MY HEAD. I'M KICKING MYSELF IN THE BEHIND FOR NOT ASKING THIS QUESTION OF THE OTHER APPLICANTS. A.I. , WHAT'S YOUR THOUGHT OF AI AND WHAT ROLE IT COULD PLAY IN HELPING US REACH OUR GOAL, AND ALSO MAKING US MORE EFFICIENT AS A DEPARTMENT?

>> SURE. THERE ARE A LOT OF DIFFERENT AI TOOLS OUT NOW. AND PARTICULARLY IN THE LEGAL FIELD, I KNOW THAT THERE ARE LEGAL RESEARCH AI TOOLS THAT AREARE I WOULD SAY NOT FULLY THERE YET.

THEY DO SOMETIMES -- THEY DON'T PROVIDE YOU A VERY USEFUL ANSWER TO HEM AND HAW A LITTLE BIT, BUT I THINK THAT'S ONLY GOING TO IMPROVE, AND I DO THINK THERE ARE -- THAT'S GOING TO BE COMING VERY SOON, AND WE CAN, I THINK, IMPROVE OUR EFFICIENCY IN OUR LEGAL RESEARCH. AS A COUNTY ACROSS THE BOARD, MY UNDERSTANDING AND I JUST LEARNED TODAY THAT WE MAY BE IMPLEMENTING SOME ADDITIONAL EFFICIENCY SOFTWARE THROUGHOUT THE COUNTY, AND I'M HOPEFUL THAT'S THE CASE AND THAT IMPROVES EFFICIENCY.

AGAIN, I KNOW THERE ARE LEGAL TOOLS THAT CAN HELP US WITH OUR LEGAL RESEARCH IN PARTICULAR. I THINK THEY'RE ALSO DEVELOPING ON THE LEGAL WRITING, LIKE CONTRACT PREPARATION, AND REVIEW. SO I DO THINK THERE ARE EFFICIENCIES TO BE HAD WITH AI.

>> THANK YOU.

>> ALL RIGHT. I'LL JUST GO TO IT, THEN.

>> SURE. YOU SAID IN YOUR INTERVIEW THAT I WATCHED THAT YOU PROVIDE ADVICE WITHOUT FEAR OR FAVOR. COULD YOU KIND OF EXPLAIN, YOU KNOW, WHAT THAT MEANS, AND HOW YOU CAN APPLY THAT?

>> SURE. WELL, I VIEW THE POSITION OF COUNTY ATTORNEY AS DOING JUST THAT, COMMISSIONER JOSEPH, THAT THIS BOARD IS BEST SERVED BY A COUNTY ATTORNEY THAT PROVIDES TRUTHFUL AND HONEST LEGAL ADVICE. NOT DESIGNED TO FAVOR ANY PARTICULAR OUTCOME AND -- BUT INSTEAD TO PROVIDE THE TRUTHFUL ADVICE SO THAT WHEN THE BOARD GOES DOWN A PARTICULAR ROAD, IF THE ADVICE WERE OUTCOME- ORIENTED, THEN YOU EVENTUALLY HIT THAT ROADBLOCK WHERE YOU ACTUALLY CAN'T DO THE THING YOU WERE HOPING TO DO BECAUSE YOU DIDN'T GET THE TRUTHFUL ADVICE TO START. I'M VERY SENSITIVE OF COURSE TO THAT THERE ARE DYNAMICS ON ANY COLLEGIAL BOARD, COLLEGIAL BODY THAT THERE MIGHT BE DIFFERENT POLICY GOALS IN MIND.

AND, YOU KNOW, I THINK THAT'S PART OF WHAT I MEAN WHEN I SAY I PROVIDE ADVICE WITHOUT FEAR OR FAVOR, MEANING THAT I'M NOT -- THE POLICY GOALS ARE NOT FOR ME TO SPEAKING TO.

I MEAN, THE LEGAL ADVISE IS THE PURPOSE OF THE COUNTY ATTORNEY'S OFFICE. THIS BOARD SETS POLICY.

SO I CAN CERTAINLY PROVIDE YOU LEGAL ADVICE ON THOSE POLICIES, BUT IT'S NOT DESIGNED TO TARGET

[01:15:01]

>> YES, THANK YOU. THAT WAS

GREAT. >> COMMISSIONER

TAYLOR. >> YES.

SO NICE TO SEE YOU AGAIN.

>> GOOD TO SEE YOU.

>> THERE IS STRONG PUBLIC SENTIMENT TO SLOW DOWN THE GROWTH OF ST. JOHN'S COUNTY, ONE OF THE FASTEST GROWING IN THE STATE, AND RECENT ELECTIONS HAVE REFLECTED THAT DESIRE. HOW WOULD YOU BALANCE THE GOAL OF SLOWING THE GROWTH AND POSSIBLY HAVING A PAUSE OR A MORATORIUM ON GROWTH WITH THE DESIRES OF LARGE LANDOWNERS TO DEVELOP THEIR PROPERTY?

>> SURE. WELL, COMMISSIONER TAYLOR, THANK YOU FOR THE QUESTION. I AM VERY SENSITIVE TO THAT AS A ST. JOHN'S COUNTY RESIDENT MYSELF, AND HAVING WORKED FOR ST. JOHNS COUNTY FOR EIGHT YEARS, I KNOW THAT LAND USE AND GROWTH IS PROBABLY THE OVERRIDING CONCERN OF THIS BOARD AND OF THE PUBLIC. I AM SENSITIVE THAT THERE ARE PRIVATE PROPERTY INTERESTS, AND A LOT OF WHAT THE BOARD DECIDES NEEDS TO BE CABINED BY THE PRIVATE PROPERTY INTERESTS. THE STATE HAS PROVIDED, IN ADDITION TO THE CONSTITUTIONAL MEMBERS, AND IMMINENT DOMAIN, THERE'S THE HARRIS ACT, WHICH RESTRICTS THE BOARD TO SIGNIFICANTLY OR SUBSTANTIALLY OBSTRUCT OR IMPAIR PROPERTY RIGHTS VALUES, SO WE HAVE TO BE SENSITIVE TO THAT, BUT, YOU KNOW, KNOWING THAT THE BOARD IS STILL THE LOCAL GOVERNMENT, THAT WOULD MAKE LAND USE DECISIONS THE COMMITTEE MEETING ABOUT SOME WAYS TO MAKE SURE THAT THE BOARD'S DECISIONS ARE REVIEWED AND UPHELD ON APPEAL, AND I THINK YOU REMEMBER ME SAYING, MAKE A GOOD RECORD, RIGHT? SO MY ADVICE TO THE BOARD HAS ALWAYS BEEN, YOU KNOW, MAKE SURE THAT YOU'VE DEVELOPED THAT RECORD SO THAT THE OPINION OR THE DETERMINATION OF THE BOARD CAN STAND UP UPON REVIEW. AND I DO THINK IT'S IMPORTANT TO HAVE CONVERSATIONS WHEN THE BOARD IS MEETING SO THAT YOU CAN EXPLAIN YOUR THOUGHT PROCESS AND YOUR REASONING TO, AGAIN, DEVELOP THAT RECORD. I KNOW THAT THERE'S BEEN DISCUSSIONS ABOUT MORATORIUM ON BUILDING IN THE PAST. THAT IS AN OPTION.

I THINK IT NEEDS TO BE -- MAKE SURE, AGAIN, THAT THAT RECORD IS WELL DEVELOPED EVEN WHEN YOU ARE -- IF YOU ARE CONSIDERING AN ORDINANCE, SO THAT IT IS RESPECTFUL OF THAT PRIVATE PROPERTY INTEREST, WHILE RECOGNIZING THE CONCERNS THAT THE BOARD HAS, MAKING SURE THAT ITS INFRASTRUCTURE CAN MEET THAT NEW DEVELOPMENT. SO, AGAIN, A LOT OF THIS, THIS IS THE POLICY OF THE BOARD TO DECIDE IF THAT'S THE WAY THAT THEY WANT TO MOVE, BUT OF COURSE, MY JOB WOULD BE TO PROVIDE YOU THAT LEGAL GUIDANCE AND, AGAIN, IT'S A POSSIBILITY, BUT ANY RECOMMENDATION IS ALWAYS MAKE THAT RECORD, MAKE SURE THAT THE BOARD'S DECISIONS ARE ABLE TO BE UPHELD ON APPEAL. SO I HOPE THAT ANSWERS YOUR QUESTION.

>> IT DOES. THANK YOU.

THANK YOU VERY MUCH. COMMISSIONER

ARNOLD. >> THANK YOU, MADAME CHAIR. WELCOME BACK. IT IS GOOD TO SEE YOU.

MY QUESTION IS ON THE RESUME, YOU STATED YOU WOULD SUPERVISE JUNIOR ATTORNEYS, MY QUESTION IS DID YOU EVER APPROVE THEIR LEAVE OR CONDUCT PERFORMANCE EVALUATIONS?

>> I WAS NOT RESPONSIBLE FOR LEAVE APPROVALS OR PERFORMANCE

EVALUATIONS. >> THANK

YOU. >> COMMISSIONER WHITEHURST.

>> THANK YOU, MADAME CHAIR.

>> FIRST OF ALL, MR. BULTHUIS, IT'S SO GOOD TO SEE YOU STANDING AT THE PODIUM THERE.

I REALLY ENJOYED OUR TIME WORKING TOGETHER, AND I THINK YOU DID A GREAT JOB WORKING FOR ST. JOHN'S COUNTY.

>> SAME HERE, COMMISSIONER.

>> WORKING UNDER PATRICK MCCORMICK, THE COUNTY ATTORNEY BY DESIGN IS APOLITICAL, UNFORTUNATELY IT'S OFTEN A TARGET FOR POLITICAL ATTACKS AGAINST POLITICAL ACTIVISTS.

YOU WITNESSED THAT. THE CURRENT INTERIM COUNTY ATTORNEY GENERAL HAS BEEN THE SUBJECT OF EIGHT POLITICAL ATTACK ADS CIRCULATING ON SOCIAL MEDIA AND THROUGH SOME E-MAILS. THE QUESTION IS SIMPLE, ARE YOU PREPARED TO SUBJECT YOURSELF TO THESE INEVITABLE POLITICAL ATTACKS?

>> I AM. I WILL SAY I HAVE -- I DID MAKE THE DECISION NOT TO BE ON SOCIAL MEDIA. I THINK THAT WAS HELPFUL FOR MY SANITY. YOU KNOW, I FOUND THAT SPENDINGSPENDING TOO TIME SCROLLING THROUGH WHAT USED TO BE CALLED TWITTER WAS A WASTE OF MY TIME AND DIDN'T GET ME ANYWHERE. BUT, NO, I UNDERSTAND THAT.

YOU KNOW, I GUESS I WOULD HOPE THAT, AND I DO THINK THE PUBLIC UNDERSTANDS THAT, YOU KNOW, MY JOB WOULD BE AS A PUBLIC SERVANT.

AND SERVING IN PARTICULARPARTICU LAR

[01:20:02]

>> THANK YOU, MR. BULTHUIS. THE SECOND PART OF THE QUESTION IS HOW DO YOU ENSURE THAT THE POLITICAL PRESSURE DOES NOT INFLUENCE YOUR LEGAL GUIDANCE TO THE BOARD OF COUNTY COMMISSIONERS GIVEN ANY PARTICULAR SITUATION, WHATEVER MAY COME?

>> WELL, YOU KNOW, I GUESS I JUST NEVER -- EVEN THOUGH THE OFFICE MAY BE SUBJECT TO POLITICAL ATTACK, I HAVE NEVER VIEWED IT AS A POLITICAL OFFICE.

IT IS APPOINTED BY POLITICIANS, SURELY, OF COURSE, BUT IT IS NOT A POLITICAL OFFICE, AS YOU SAID.

IT IS A NONPARTISAN OFFICE, AND I WOULD -- I HOPE THAT OUR EXPERIENCE TOGETHER WORKING WHEN I WAS WITH ST. JOHN'S COUNTY REFLECTED THAT. AS COMMISSIONER JOSEPH ASKED THAT I WOULD PROVIDE LEGAL ADVICE WITHOUT FEAR OR FAVOR, AND INCLUDING SOMETIMES THAT A DESIRED OUTCOME FRS WAS NOT GOING TO BE A LEGAL OPTION, AND SO I THINK IT'S JUST THAT IS WHAT SERVES THE BOARD BEST TO HAVE A NONPOLITICAL, NONPARTISAN COUNTY ATTORNEY, AND I THINK THE RECORD SHOWS THAT WHEN COUNTY ATTORNEYS GET TOO DEEP INTO POLITICS, THEY DON'T LAST VERY LONG.

>> AMEN. THAT'S EXACTLY RIGHT.

MY SECOND QUESTION IS THIS, HOW DO YOU ADVISE A COMMISSIONER WHO'S COMING TO YOU ASKING FOR A LEGAL GUIDANCE, TO DENY A QUASI, AND I THINK YOU TOUCHED ON THAT IN YOUR INTERVIEW IN FRONT OF THE COMMITTEE. WOULD YOU KIND OF DEVIL INTO WHAT QUALIFIES AS COMPETENT SUBSTANTIAL EVIDENCE THAT'S BEEN DISCUSSED HERE THIS MORNING? IT WAS DISCUSSED IN FRONT OF THE COMMITTEE, BUT I THINK THERE'S NOT A LOT OF UNDERSTANDING BY THE PUBLIC ABOUT WHAT NECESSARILY QUALIFIES AS COMPETENT SUBSTANTIAL EVIDENCE THAT WE ARE ALLOWED TO

CONSIDER. >> SURE.

AND IT IS A TERM OF ART, SO I CAN UNDERSTAND THAT THE PUBLIC MAY NOT BE FAMILIAR WITH IT.

I THINK IT'S PROBABLY USEFUL TO TALK ABOUT SNYDER A LITTLE BIT. IT IS REALLY THE PRIMARY SEMINOLE CASE THAT GOVERNS IN THE REZONING CONTEXT FOR QUASI JUDICIAL MATTERS. AND IT REQUIRES THAT THE COURT WOULD REVIEW PETITIONS FOR WRIT OF CERT.

CHALLENGING REZONINGS, WITH THE ESSENTIAL REQUIREMENTS OF LAW, AND THERE BE COMPETENT SUBSTANTIAL EVIDENCE.

IN THE COMPETENT SUBSTANTIAL EVIDENCE CONTEXT, IT'S IMPORTANT TO NOTE THAT THE APPELLATE COURT DOESN'T WEIGH THE EVIDENCE.

IT ONLY REVIEWS TO DETERMINE WHETHER THERE IS COMPETENT SUBSTANTIAL EVIDENCE TO SUPPORT THE BOARD'S DETERMINATION.

AND THAT'S A REFLECTION OF THE SEPARATION OF POWERS BETWEEN THE JUDICIAL AND ESSENTIAL THE QUASI JUDICIAL OR LEGISLATIVE DETERMINATIONS OF THIS BOARD, OF COURSE IN THE STRICTLY LEGISLATIVE CONTEXT, THERE WOULD BE A DEBATABLE STANDARD, WHICH IS SLIGHTLY DIFFERENT. BUT EXAMPLES OF COMPETENT SUBSTANTIAL EVIDENCE WOULD BE THINGS LIKE EXPERT TESTIMONY, AND IT CAN BE TESTIMONY OF THE PUBLIC AS WELL, SO LONG AS THAT IS NOT JUST WHAT THEY WOULD CALL THE CLAMOR O.OF THE CROWD. THIS BOARD SHOULD NOT TAKE A VOTE OF EVERYBODY IN THE AUDIENCE, AND 51% LIKE IT, AND 49 DON'T, GO WITH THAT, POLLING THE PUBLIC IS NOT COMPETENT SUBSTANTIAL EVIDENCE. I'M THINKING OF A WRIT OF CERT, FOR A PROPOSED DEVELOPMENT OFF WATSON ROAD IN THE SOUTH PART OF THE COUNTY WHERE THERE WERE CONCERNS ABOUT THERE BEING ONLY ONE ACCESS TO THIS PROPERTY ON WATSON ROAD TO GET TO U.S. 1. AND SO THERE IS A RAILROAD TRACK THAT WOULD ISECT WATSON ROAD, AND THERE WAS TESTIMONY FROM THE PUBLIC THAT AT TIMES THAT INTERSECTION WOULD BE BLOCKED FOR HOURS ON END.

THERE WAS TESTIMONY FROM A LONG TIME RESIDENT AND THE COURT POINTED TO THAT AND SAID THAT IS COMPETENT SUBSTANTIAL EVIDENCE IN ORDER TO SUPPORT THE BOARD'S DETERMINATION THAT THAT PUD SHALL BE DENIED AND WE WERE SUCCESSFUL IN THAT. I HOPE THAT PROVIDES A GOOD EXAMPLE. IT DOES NEED TO BE CONCRETE AND SPECIFIC AND BASED ON ACTUAL FACTS AND DOES NOT INCLUDE OPINION, AND IT DOES NOT INCLUDE THAT CLAMOR O.OF THE CROWD AS THEY SAY IN THE CASE LAW.

>> YES, SIR, MR. BULTHUIS, I APPRECIATE THE ANSWERS TO MY QUESTIONS. THANK YOU.

>> HOW MANY ORDINANCES HAVE YOU WRITTEN?

>> PROBABLY A DOZEN OR MORE.

[01:25:06]

>> OKAY. AND ARE YOU GOING TO HAVE A FULL-TIME PRESENCE DURING THE WEEK?

>> YES.

>> AND WHAT WAS YOUR -- WHAT WOULD YOUR DAY ONE LOOK LIKE?

>> I THINK DAY ONE I WOULD WANT TO MEET WITH THE STAFF, AND PROBABLY THAT WOULD BE THE FIRST THING I WOULD DO IS MEET WITH THE COUNTY ATTORNEY STAFF AND UNDERSTAND HOW THE OPERATIONS HAVE BEEN GOING IN THE ABOUT TEN OR ELEVEN MONTHS SINCE I'VE BEEN HERE, AND WHERE THINGS CAN IMPROVE AND GET THAT FEEDBACK.

I DO HAVE A GOOD -- A GOOD IDEA. BUT, YOU KNOW, IT HAS BEEN SOME SOMETIME, SO I WOULD LIKE TO MAKE SURE THAT I STILL UNDERSTAND, AND I KNOW WE HAVE NEW FACES IN THE OFFICE SINCE I LEFT AS WELL.

WHICH I'M EXCITED ABOUT. AND AS YOU KNOW, I THINK COMMISSIONER JOSEPH, I'VE DEVELOPED RELATIONSHIPS WITH OTHER DEPARTMENTS THROUGH MY TIME WITH ST. JOHNS COUNTY, AND SO I WOULD ALSO WANT TO REACH OUT TO THOSE DEPARTMENT HEADS AGAIN, REESTABLISH THOSE CONNECTIONS, AND IDENTIFY WHERE THEY FEEL THEY COULD USE ADDITIONAL SUPPORT FROM OUR OFFICE AND THEN OBVIOUSLY ONE OF THE MAIN JOBS OF THE COUNTY ATTORNEY IS TO MAKE SURE THAT I'M SERVICING THE BOARD OF COUNTY COMMISSIONERS, SO I WOULD LIKE TO MEET WITH EACH ONE OF YOU AND UNDERSTAND WHAT YOU SEE THE COUNTY ATTORNEY'S OFFICE.

HOW YOU SEE US SERVING AND SUPPORTING YOU ALL, AND HOW WE COULD DO IT BETTER, SO I THINK THAT MIGHT TAKE ME MORE THAN ONE DAY TO DO ALL OF THAT, BUT THAT'S WHERE I WOULD LIKE TO

START. >> EXCELLENT.

THANK YOU. COMMISSIONER TAYLOR.

>> YES.

RIGHT. THANK YOU SO MUCH. AND I JUST THOUGHT OF SOMETHING ELSE, AND I KNOW WHEN WE DID MEET LAST TIME, THAT WAS SOMETHING THAT YOU HAD MENTIONED WAS REACHING OUT TO THE DEPARTMENT HEADS THAT DO KNOW YOU.

AND ACTUALLY, I DID DO THAT, SPENT QUITE A BIT OF TIME DOING THAT, AND JUST AMAZING, THANKS, WONDERFUL THINGS THAT THE PEOPLE THAT WORKED WITH YOU, YOU KNOW, WERE ABLE TO RELAY IN THAT, SO SOUNDS LIKE MANY WERE EVEN DISAPPOINTED THAT YOU HAD LEFT. CAN YOU GO OVER, AGAIN, HOW MANY YEARS YOU'VE SPENT WITH THE COUNTY. I KNOW IN THE FEW MONTHS THAT I'VE BEEN COUNTY COMMISSIONER, A NUMBER OF PROJECTS HAVE COME UP, AND IT SOUNDS LIKE THEY HAVE BEEN GOING ON FOR SOME TIME. BUT CAN YOU MAYBE, AGAIN, NOT ONLY HOW LONG YOU WERE ACTUALLY HERE WITH THE COUNTY, BUT MAYBE TALKING ABOUT SOME OF THE MORE CHALLENGING PROJECTS THAT HAVE COME UP.

>> SURE. SO I STARTED WITH ST. JOHNS COUNTY IN JANUARY OF 2016, I BELIEVE, AND I LEFT LAST MAY.

SO A ILL LITTLE OVER EIGHT YEARS WITH ST. JOHNS COUNTY, AND DURING THAT TIME, MY PRIMARY POSITION WAS LITIGATION, BUT I DID ADVISE AND COUNSEL AND WORK WITH JUST ABOUT EVERY DEPARTMENT IN THE COUNTY DURING THAT TIME, INCLUDING PARKS AND REC, AND PUBLIC WORKS, AND BUILDING DEPARTMENT, AND UTILITIES AS WELL. SO I DIDN'T FOCUS ONLY ON LITIGATION, BUT, YOU KNOW, I DID ALSO DO CONTRACT WORK, OTHER TRANSACTIONAL WORK, AND YOU KNOW, GENERAL ADVICE AND COUNSELING OF THE DIFFERENT DEPARTMENTS AS WELL. BUT LIKE YOU SAY, IN LITIGATION IN PARTICULAR, VERY FEW THINGS HAPPEN QUICKLY. ONE OF THE VERY FIRST CASES, I THINK I MENTIONED DURING THE COMMITTEE MEETING THAT I WORKED ON WAS CALLED KINGS GRANT. THIS WAS A DEVELOPMENT ON 206 AND 95 AT THAT INTERSECTION OR THAT INTERCHANGE. AND THE BOARD HAD DENIED AN APPLICATION FOR A LARGE PUD THAT PROPOSED, I THINK, ABOUT 999 SINGLE FAMILY HOMES, AND MAYBE 100,000 SQUARE FEET OF COMMERCIAL. AND THE APPLICANTS FILED A PETITION FOR WRIT OF CERT, SEEKING A DETERMINATION THAT THE BOARD HAD NOT PROVIDED SUBSTANTIATIVE DUE PROCESS, AND THAT LITIGATION LASTED A NUMBER OF YEARS BEFORE IT FRANKLY KIND OF PETERED OUT. BUT IT PETERED OUT BECAUSE OUR OFFICE AND THIS BOARD STOOD BEHIND ITS DECISION, AND EVENTUALLY THE PROPERTY CHANGED HANDS AND THE NEW OWNERS, YOU KNOW, DID NOT I BELIEVE WANT TO PURSUE IT ANY FURTHER. BUT THAT'S BECAUSE THIS BOARD AND THE COUNTY ATTORNEY'S OFFICE PUT UP A VERY STRONG FIGHT AND WAS ABLE TO SHAL THAT COMPETENT SUBSTANTIAL EVIDENCE AND SHOW GOOD REASON FOR DENYING, EVEN THOUGH THERE WAS LAND USE THAT WOULD HAVE ALLOWED THAT TYPE OF DEVELOPMENT, THIS BOARD CAN STILL SAY IT IS NOT RIGHT RIGHT NOW.

THERE'S A FUTURE LAND USE PLAN, AND BECAUSE YOU HAVE LAND

[01:30:01]

SO THAT TOOK SOME TIME AS I SAY, BUT WE DID -- WE DID REACH A GOOD OUTCOME, AND I WILL ADD TO COMMISSIONER MURPHY'S POINT ABOUT COSTS, WE HAD FACT COVERAGE FOR A GOOD CHUNK OF THAT, AND WERE ABLE TO RECOVER A LOT OF TOUR ATTORNEYS' FEES FOR THAT LITIGATION.

SO. >> THANK YOU.

COMMISSIONER MURPHY.

>> THANK YOU. COULD YOU -- I APPRECIATE BEING ON THE FACT BOARD. IT MEANS A WHOLE LOT MORE TO ME NOW THAN IT DID BEFORE. BUT COULD YOU GIVE ME AN EXAMPLE OF WHEN YOU SAY THAT YOU WERE LITIGATION MAINLY, SO YOU WERE IN THE COURTROOM.

YOU WERE ARGUING THESE THINGS IN FRONT OF A JUDGE IN A COURTROOM, COULD YOU GIVE ME AN EXAMPLE OF A CASE THAT YOU WERE SUCCESSFULSUCCESSFUL AND KIND OF GIVE ME AN IDEA OF WHAT THAT WOULD HAVE LOOKED LIKE?

>> SURE. I TALKED A LITTLE BIT ABOUT THE ONE WITH COMMISSIONER WHITEHURST EARLIER. THIS WAS AN APPLICATION FOR A PUD OFF OF WATSON ROAD, SO PROCESS- WISE, THAT WAS A PETITION FOR WRIT OF CERT. THOSE PROCEEDINGS ARE A LITTLE DIFFERENT THAN A TRIP-AND- FALL CASE WHERE THERE'S DISCOVERY AND A LOT OF EXCHANGE OF DOCUMENTS AND INFORMATION.

IN THIS CASE, THE RECORD IS KNOWN. IT'S ESTABLISHED BEFORE THE BOARD, AND USUALLY PROVIDED TO THE PETITIONER IN A PUBLIC RECORDS REQUEST, AND THEY FILE IT WITH THE COURT. SO THE PROCEEDINGS ARE THEY FILE AN INITIAL BRIEF, AND THEN I PREPARED A RESPONSE BRIEF, AND THEY THEN SUBMITTED A REPLY TO THAT. AND THEN WE HAD ORAL ARGUMENT.

I BELIEVE THAT WAS JUDGE MULTZ, IF I'M CORRECT.

ACTUALLY, IT MIGHT HAVE BEEN JUDGE SMITH.

WE DID ORAL ARGUMENT WITH ME AND THE DEVELOPER'S ATTORNEY, MR. BURNETT, AND WE WERE SUCCESSFUL.

THE COURT AGREED THERE WAS COMPETENT SUBSTANTIAL EVIDENCE, THAT THE BOARD HAD PROVIDED THE DUE PROCESS REQUIRED, AND HAD NOT STRAYED FROM THE ESSENTIAL REQUIREMENTS OF LAW.

TAST IT'S A LOT OF TIME. IT'S USUALLY LIKE A 40-PAGE BRIEF, AND A LOT OF NEEDING TO KNOW EVERY DETAIL OF THE RECORD.

BUT,÷÷ YOU KNOW, THAT'S -- PREPARATION IS HOW YOU WIN THESE CASES AND THAT INCLUDES FROM THE STAFF LEVEL WHEN THEY FIRST GET THE APPLICATION AND PROCESS IT THROUGH GROWTH MANAGEMENTS ALL THE WAY THROUGH ARGUING IN FRONT OF THE COURT.

>> ANY OTHER QUESTIONS? THANK YOU FOR BEING HERE.

>> THANK YOU.

>> WE'LL GET BACK TO YOU SOON.

>> APPRECIATE IT.

>> THANK YOU.

>> AFTER HE LEAVES, WE'LL GO TO PUBLIC COMMENT.

>> OKAY. AS DIRECTED BY THE CHAIR -- SHOULD I WAIT ON HER TO GET BACK.

SHE MADE IT CLEAR WE NEEDED TO GO FORWARD.

NOW WE WILL OPEN UP PUBLIC COMMENT ON THE ONE ITEM THAT WE HAVE BEFORE US TODAY. ANYONE FOR PUBLIC COMMENT, PLEASE COME FORWARD. YOU HAVE THREE MINUTES.

AND DON'T EVERYONE RUSH THE STAGE AT

ONCE. >> THAT'S WHAT I'M SAYING, WHY ISN'T EVERYONE JUST IN LINE ALREADY.

>> GOOD MORNING. >> GOOD MORNING, MY NAME IS JUDY SPIEGEL, 101 GREENWILLOW LANE.

WHAT THREE GREAT CANDIDATES, THAT WAS REALLY REALLY GOOD. WE HAVE SOME REALLY IMPRESSIVE PEOPLE HERE. OF COURSE MY PERSPECTIVE IS ALWAYS GOING TO BE A GODLY PERSPECTIVE, AND MAYBE LOOKING AT THINGS FROM A LITTLE DIFFERENT ANGLE THAN INVOLVED IN JUST THE GEARS AND MACHINATIONS OF OUR GOVERNMENT. I APPRECIATE THE COMMENTS AND THE QUESTIONS OUT OF COMMISSIONER WHITEHURST ABOUT POLITICS AND I KNOW I'VE MADE MYSELF CLEAR ABOUT I DON'T LIKE POLITICS, AND I DON'T LIKE SOCIAL MEDIA EITHER JUST BECAUSE PEOPLE CAN BE SO MEAN, BUT I DID APPRECIATE THE ADDRESS THAT EACH APPLICANT GAVE TO THAT. ONE THING AS FAR AS MR. KOMANDO, WHAT A GREAT STATURE HE HAS, WHAT A GREAT PRESENCE HE HAS, AND HE DID TALK ABOUT SOME WAYS THAT HIRING A WHOLE, YOU

[01:35:01]

AND I REALLY APPRECIATED THE OTHER COMMENTS ABOUT DRAMA.

AND JUST KIND OF JUST STAYING OUT OF DRAMA, AND STAYING OFF OF SOCIAL MEDIA. I THINK REALLY THAT'S THE ONLY WAY TO STAY SAFE IN THIS WORLD IS JUST DON'T GO THERE. JUST DON'T LOOK. PEOPLE ARE GOING TO BE MEAN.

PEOPLE ARE GOING TO BE UGLY. PEOPLE ARE GOING TO HAVE THEIR OPINION AND THINK THEY'RE RIGHT, AND JUST THINK THEY HAVE THE RIGHT TO BULLY AND BE UNKIND, BASED ON THEIR PERSPECTIVE: BUT THERE ARE OTHER PERSPECTIVES TO EVERYTHING.

IN LISTENING TO EVERYTHING THAT WAS SAID TODAY, I THINK THAT WE WOULD HAVE A WIN- WIN WITH ANY OF THOSE THREE CANDIDATES. BUT FROM MY PERSPECTIVE, MR. BULTHUIS, HE SPOKE ABOUT RELATIONSHIPS WITH OTHER DEPARTMENT HEADS. THAT'S HUGE.

I DIDN'T HEAR ANY COMMENT ABOUT RELATIONSHIPS WITH THE REST OF THE COUNTY, AND HE HAS THAT HISTORY OF BEING HERE AND HAVING WORKED AND HAVING BEEN TRIED AND TRUE ON THAT.

COMMUNICATION. ALWAYS TALKING ABOUT COMMUNICATION. IT'S SO IMPORTANT.

AND I THINK THAT HE GAVE THE BEST ANSWER JUST AS FAR AS THAT NEBULOUS THING OF COMMUNICATION.

AND I REALLY SAW A HUMBLE SERVANT'S HEART IN HIM.

I DIDN'T SEE A STATURE THAT WAS JUST, YOU KNOW, DEMANDING HIS OWN WAY. I SAW THAT HE'S VERY QUALIFIED, AND VERY WISE. HE GAVE GOOD LEGAL ANSWERS BUT NOT IN A WAY THAT WAS HOTTY HAUGTY AND CONDESCENDING, AND TO GET WITH OTHER HEADS OF THE DEPARTMENT, AND HIS DEPARTMENT, AN GET WITH ALL OF YOU, AND SORT OF SEE WHAT IS THE VISION FOR OUR COUNTYCOUNTY NOW, AND HOW COULD I HELP.

IF I WERE TO MAKE THE DECISION, I WOULD SAY MR. BULTHUIS WAS THE MOST IMPRESSIVE, BUT ALL THREE CANDIDATES JUST EXCELLENT.

WE HAVE SO FORTUNATE TO HAVE THREE SUCH GOOD APPLICANTS COME HERE.

THANK YOU, ALL, AND GOD BLESS YOU, AND PRAY FOR YOUR

DECISION. >> THANK YOU, MA'AM.

ALL RIGHT. 42 TI COVE.

I DON'T HAVE SOCIAL MEDIA. I HAVE A UNIQUE LAST NAME.

I'M HERE TODAY BECAUSE OF THE COMMENTS MADE AT THE LAST BCC MEETING, WHICH ARE VERY RELEVANT TO TODAY.

OBVIOUSLY YOU'RE ALL AWARE OF THE SITUATION GOING ON THAT I'M INVOLVED IN. AND A COUPLE OF COMMENTS BY THE CURRENT ATTORNEY KOMANDO, ONE BEING THAT MY SPOUSE WAS AFFORDED THE RIGHT TO AN INTERVIEW REGARDING THE SITUATION, AND SHE WAS GIVEN A RIGHT TO AN INTERVIEW.

THE DAY OF THE INTERVIEW, A FEW HOURS BEFORE.

I THINK THE BOARD SHOULD PROBABLY WONDER WHEN THIS INTERVIEW WAS ACTUALLY SCHEDULED AND WHY WAS IT -- WHY DID IT TAKE SO LONG FOR HER TO BE NOTIFIED? MAINLY BECAUSE THE ONE REQUEST HE HAD FROM HER LIAISON WAS TO BE GIVEN PROPERTY NOTICE, NOT DAY OF, A FEW HOURS BEFORE. ALL RIGHT.

ADDITIONALLY, THE ADA REQUEST THAT WAS FILED WITH THE ATTORNEY CONDUCTING THE INTERVIEW WHEN SHE SPOKE TO HIM, SHE INFORMED HIM THAT SHE HAD AN ADA REQUEST, SHE WAS GOING TO SEND IT IN, IF HE COULD REVIEW IT AND GET BACK TO HER AND SCHEDULE THE INTERVIEW, THAT WOULD BE GREAT. WE HEARD NOTHING BACK FROM THE ATTORNEY. MY WIFE RESAT SEVERAL TIMES TO HER LIAISON HERE AT THE COUNTY AND HEARD NO FEEDBACK. THE FIRST I HEARD THAT THE ADA REQUEST WAS NOT GOING TO BE RECOGNIZED WAS FROM MR. KOMANDO. NOW, IT IS MY UNDERSTANDING THAT THE CURRENT ADMINISTRATOR HAS JUST STOOD UP A PERFORMANCE IN TRANSPARENCY DEPARTMENT TO THE TUNE OF, I DON'T KNOW, 5 TO $8 MILLION OR SO. IF YOU CAN'T EVEN BE TRANSPARENT WITH YOUR OWN PEOPLE, WHAT IS THE POINT OF HAVING A TRANSPARENCY DEPARTMENT? NOW, I DON'T KNOW IF MR. KOMANDO WAS INVOLVED IN ANY OF THIS STUFF OR IF HE HAD GUIDANCE TO THE STAFF ON HOW TO HANDLE THIS MATTER, BUT I FELT LIKE THE BOARD NEEDED TO BE AWARE OF THIS STUFF BEFORE YOU MAKE YOUR DECISION ON THE NEXT COUNTY ATTORNEY.

THANK YOU FOR YOUR TIME.

>> GOOD MORNING, JACKIE LEBLANC, 3930 VILLA POINT TERRACE IN ST.

AUGUSTINE. THANK YOU SO MUCH FOR THE TIME THE ADVISORY COMMITTEE HAS SPENT ON THE PROCESS, AND THANKS FOR THE TRANSPARENCY AND LETTING US BE INVOLVED IN IT AND SEE IT. I DON'T THINK WE NEED A FIRM

[01:40:03]

BRADLEY GARRISON AND KOMANDO, THREE ATTORNEYS, EIGHT PRACTICE AREAS, I WON'T NAME THEM ALL, PROFESSIONAL LICENSING, WHITE COLLAR CRIME, FELONIES, MUNICIPAL LAW, HOW DO WE KNOW WHAT ALL OF THOSE CASES ARE? HOW DO WE KNOW THAT NONE OF THOSE CASES -- THAT THESE ATTORNEYS SHOULD RECUSE THEMSELVES FROM REPRESENTING US FROM A CONFLICT OF INTEREST? I'M NOT A FAN FOR A FIRM.

AND HE SAYS, OH, IT WILL SAVE YOU A PENSION.

WELL, OUR ATTORNEYS DON'T LAST THAT LONG.

YOU HAVE TO WORK EIGHT YEARS IN THIS COUNTY TO GET A PENSION.

EITHER WAY, I'M JUST NOT A BELIEVER IN THAT.

I ALSO HAVE DOUBTS ABOUT HIS TIME COMMITTED TO THIS JOB.

IT NEEDS TO BE A FULL-TIME JOB. AS AN ATTORNEY FOR OUR COUNTY. I DON'T THINK HE'S GOING TO COMMIT TO THAT. I THINK THAT WAS OBVIOUS WITH HIS INTERVIEW. AND HE SAYS HE'S GOING TO STAY OUT OF POLITICS. I DON'T KNOW.

PUBLIC RECORD FOR THE SUPERVISOR OF ELECTIONS SHOWS HIS HOUSEHOLD DEFINITELY CONTRIBUTING TO CERTAIN COMMISSIONERS' CAMPAIGN FUNDS. I'M JUST NOT A FAN.

LET'S GET AN INDIVIDUAL ATTORNEY. BOTH OF THOSE ATTORNEYS, PARTICULARLY MR. RODRIGUEZ, I THOUGHT, HAD SOME REALLY GOOD ANSWERS. LOCAL GOVERNMENTS HAVE THE POWER TO REGULATE THEIR ORDERS OF DECORUM. I DON'T THINK THAT WAS CLEAR IN MR. KOMANDO'S DECISION IN OUR LAST COMMISSION MEETING.

I'M NOT A FAN OF SOME OF HIS DECISIONS AND HOW HE'S STRAIGHTFORWARD WITH THEM. HE SEEMS TO -- I'M NOT AN ATTORNEY, BUT PICKING AND CHOOSING WHAT THE RESPONSE IS WITHOUT GIVING VERY MANY OPTIONS IS -- DOESN'T SEEM TRANSPARENT TO ME. ANYWAY, I'M NOT A FAN. THANK YOU.

>> HI NICOLE CROSBY, 1169 NECK ROAD.

WE HAD COUNTY ATTORNEY PATRICK MCCORMICK FULL- TIME IN HOUSE. WE HAD COUNTY ATTORNEY DAVID MIGGIT FULL- TIME IN HOUSE. WHY WOULD WE EVEN CONSIDER HIRING A LAW FIRM THAT WE HAVE TO SHARE WITH PUTNAM COUNTY, BRADFORD COUNTY, BAKER COUNTY, CITY OF KEYSTONE HEIGHTS, TOWN AND PENNY FARMS. CENTRAL FLORIDA TOURISM OVERSIGHT DISTRICT AND TWO HOUSING FINANCE ATTORNEYS. AND MR. KOMANDO WITHHELD THAT LIST UNTIL RECENTLY, SPEAKING OF TRANSPARENCY. I DON'T KNOW HOW IT'S PHYSICALLY POSSIBLE TO HANDLE ALL OF THOSE DIFFERENT GOVERNMENTS. THERE'S MORE.

MR. KOMANDO HAS AN UNKNOWN NUMBER OF PRIVATE CLIENTS, ONE OF WHICH WE LEARNED ABOUT PURELY BY ACCIDENT FROM A NEWS STORY, SINCE HE REFUSES TO DISCLOSE THEM TO US. MR. KOMANDO IS DEALING WITH A 22- COUNT INDICTMENT AGAINST A ROOFER WHILE HE WAS HANDLING ALL OF THOSE OTHER CLIENTS, INCLUDING US. MORE CONCERNING IS THAT THE ROOFER, HAS, IN MY OPINION, A CONFLICT WITH ST. JOHNS COUNTY THAT GOVERNS ROOFERS. THEY HAVE TO FOLLOW COUNTY CODE.

THEY HAVE TO SUBMIT TO INSPECTIONS.

IT'S EASY TO SEE HOW A COUNTY ATTORNEY COULD BECOME INVOLVED IN A ROOFING INSPECTION DISPUTE OR THE INTERPRETATION OF A ROOFING CODE OR THE REVISION OF THAT CODE.

OUR COUNTY HAS A HUGE LEGAL WORKLOAD.

THERE ARE ABOUT 25 CASES ON THE COUNTY'S CURRENT LITIGATION LIST. THEN THERE'S ANOTHER 19 CASES HANDLED BY OUR OUTSIDE LEGAL COUNSEL AND THAT DOESN'T INCLUDE THE DAY-TO-DAY LEGAL DISCUSSIONS AND ADVICE HE'S EXPECTED TO GIF. GIVE. WHY SHOULD WE SETTLE FOR LESS THAN FULL- TIME IN- HOUSE ATTORNEY.

THERE'S BEEN DISCUSSION ABOUT POLITICAL INDEPENDENCE AND POLITICS. AS MS. LEBLANC JUST MENTIONED, THE KOMANDO HOUSEHOLD DONATED $2,000 TO TWO COMMISSIONERS WHO REPRESENT DEVELOPERS. HOW CAN HE BE POLITICALLY INDEPENDENT AFTER MAKING A DONATION LIKE THAT? WE EXPECT NEUTRAL ADVICE. IN MY OPINION, WE'RE NOT GETTING IT. MR. KOMANDO DISMISSED OUR LOCAL RULE TO REQUIRE COMMISSIONERS TO BE PRESENT TO VOTE IN ORDER TO ALLOW COMMISSIONER TO VOTE REMOTELY.

THE ATTORNEY GENERAL SAYS THEY CAN VOTE REMOTELY FOR MEDICAL REASONS. WE HAVE SEEN COMMISSIONER ATTEND IN PERSON IN A WHEELCHAIR AND IN A MEDICALLY FRAGILE CONDITION. WE HAVE SEE COMMISSIONER JOSEPH'S 100% ATTENDANCE WITH A SERIOUSLY ILL HUSBAND AT HOME.

DON'T TELL US IT'S OKAY TO GO SKIING OR WHATEVER AND CALL IN YOUR VOTE. I DON'T BUY IT.

AND I DON'T WANT A PRECEDENT TO BE SET FOR A COMMISSIONER TO DO IT AGAIN.

IF COMMISSIONER BLOCKER DID DO THAT, IT WAS WRONG, AND TWO WRONGS NEVER MAKE A RIGHT.

JUST COMMENTING ON MY FACEBOOK POSTS, LET ME JUST SAY THAT

[01:45:03]

THANK YOU.

>> THANK YOU, ANYONE ELSE FOR PUBLIC COMMENT?

>> CLIFF NORWOOD, 3460 OLD MALLDRY

ROAD. >> GOOD MORNING.

>> GOOD MORNING. ON THE 250TH ANNIVERSARY LAST SUNDAY, THE RALLYING PHRASE IS JUST AS VITAL TODAY AS WHEN THE PEOPLE FELT THE BRITISH KING WAS NOT LISTENING TO THEM IN 1775.

GIVE ME LIBERTY OR GIVE ME DEATH, ATTRIBUTED TO NOTED ORATOR AND KEY REVOLUTIONARY FIGURE, PATRICK HENRY RESONATES IN THE EXACTLY THE SAME CONTEXT RIGHT HERE AS A ST. JOHNS COUNTY ATTORNEY IS ABOUT TO BE PROPERLY APPOINTED BY THIS BOARD OF COUNTY COMMISSIONERS.

WITH A RECENT MAJOR SHIFT IN THE BOARD'S MAJORITY TO ONE THAT DISPLAYS MORE RESPONSIBLE AND BETTER ETHICAL BEHAVIOR, A RESIDENT'S GRIEVANCE NOW ACTUALLY HAS A CHANCE OF BEING HEARD.

MY DISTRICT 3 COMMISSIONER AND VICE CHAIR CLAY MURPHY HAS PROFOUNDLY DEMONSTRATED THAT OPINION AS INDISPUTABLE FACT. SPEAKING FROM THREE YEARS OF SUFFERING DESPICABLE ACTIONS FROM THE COUNTY'S ATTORNEYS, WE AS RESIDENTS ARE NOT YET SEEING ANY END TO THE COUNTY ATTORNEY'S OFFICE PREDATORY INSTINCTS.

WITH THIS FORTHCOMING SELECTION, THE STAFF ATTORNEYS ESTABLISHED HABIT OF INVOKING INTERFERENCE, NEEDS TO BE ELIMINATED AND REPLACED WITH A SENSE OF JUSTICE AND FAIR TREATMENT.

OF COUNTY RESIDENTS IN KEEPING WITH THE GOOD INTENT OF OUR RESPECTABLE COMMISSIONERS. IN MY OWN CASE, ASKING FOR A RETURN OF ONLY RESIP AT A TIMED OUT OF POCKET COSTS FOR PROPERTY AND CREDIBILITY REPAIRS STILL CLINGS ON TIGHTLY AS A NO- BRAINER RESOLVE.

AS A TRUE VICTIM OF INVERSE CONDEMNATION, I AM NOT ASKING FOR ANY PUNITIVE DAMAGES FOR SENIOR ABUSE, INJURIES, OR CONSTITUTIONALLY AWARDED CONSIDERATION FOR LEGAL COSTS AND DELAYS. I CANNOT AFFORD TO. THE SIMPLEST SOLUTION AS DESCRIBED ABOVE HOWEVER, SMACKS OF JUSTICE AND EVEN A POSSIBLE SENSE OF FORGIVENESS. ONLY THREE NAMES QUALIFIED.

TWO OF THEM IS JADED BY SJC RECORDS FROM PAST PUBLIC COMMENTS. PERSONALLY I WOULD GLADLY WELCOME MR. RODRIGUEZ ABOARD AS OUR PERMANENT COUNTY ATTORNEY. HIS SINCERITY, CONFIDENCE, STYLE AND MORE AS VIEWED IN HIS INTERVIEW CONVINCED ME LE WILL BE A FINE FIT TO GUIDE US ALL INTO AN ENHANCED FUTURE. I WILL ATTEMPT TO ABIDE BY THE CHOICE, NO COUNTY ATTORNEY SHOULD EVER AGAIN BE ABLE TO HOLD INNOCENT RESIDENTS LIABLE FOR THOUSANDS OF DOLLARS IN PROPERTY DAMAGES JUST TO FUND SJC'S EMPLOYEE FRAUDS. SO AT THE RISK OF ANOTHER MISUSED CONTEXT, I TOO SAY GIVE ME LIBERTY OR GIVE ME DEATH, AND PLEASE DON'T LET THE ASSISTANT INSPECTOR GENERAL GONZAGA FOR POLICE TO SEARCH MY FRONT DOOR, THAT WAS AN UNPLEASANT BOXER SHORTS EXPERIENCE TRAPPED ALONE IN MY ELECTRIC LIVING ROOM RECLINER.

THANK YOU, COMMISSIONERS, AND PLEASE VOTE WISELY FOR YOUR BEST CHANCE OF UNIFY.

THANK YOU.

>> PERFECT TIMING.

>> EXCUSE ME. >> PERFECT TIMING.

RIGHT AT THREE MINUTES. GREAT JOB.

ANYONE ELSE? COME FORWARD, POST WITH HASTE.

OR POST HASTE OR WHATEVER THAT IS.

>> GOOD AFTERNOON, 3084 ED SLAVEN.

I THINK MR. BULTHUIS IS THE BEST CANDIDATE, AND I'LL TELL YOU WHY.

WHEN THERE WAS A DISCUSSION DURING THE COMMITTEE INTERVIEW WITH MR. RODRIGUEZ, HE SEEMED TO DISCOUNT PUBLIC TESTIMONY AS EXPERT, WHICH IS WRONG.

MR. BULTHUIS GAVE THE CORRECT ANSWER, WHICH IS THAT IN A ZONING CASE, IN AN ADVERSARY ZONING CASE, TESTIMONY BY CITIZENS ABOUT THEIR NEIGHBORHOOD IS ADMISSIBLE AND COMPETENT, SUBSTANTIAL EVIDENCE. IF YOU LOOK AT THE TAPE, THE TWO OF YOU ALL REMEMBER, MR. RODRIGUEZ GOT IT WRONG. AND THAT FLUNKS THE LAUGH TEST, AND IT FLUNKS THE SMELL TEST.

I ALSO HAVE HAD OCCASION TO SEE MR. BULTHUIS WHEN HE WAS HERE AS THE ASSISTANT COUNTY ATTORNEY. EVERY TIME HE WROTE AN ORDINANCE, EVERY TIME HE PRESENTED TO THIS COMMISSION, IT WAS SCHOLARLY, IT WAS WELL

[01:50:01]

HE HAD MR. MANUEL SIT RIGHT IN FRONT OF HIM, AND TOOK A BREAK OF 20 MINUTES TO CONTACT THE BUREAU OF PRISONS TO MAKE SURE HE GOT A PRISONPRISON THEY COULD ADDRESS HIS HEART TRANSPLANT ISSUE, AND GOT HIM A GOOD ASSIGNMENT TO WHERE HIS LIFE WAS PRESERVED. ON THE ROLL BACK RATE, I AGREE, WE NEED TO GO TO THE ROLL BACK RATE, AND WE NEED COMPETENT ADVICE ON THAT. CHIEF FOR WHO I CLERKED, ANY GOVERNMENT BUDGET CAN BE CUT BY 10%, AND I DON'T THINK THIS BOARD UP UNTIL NOW HAS EVEN TRIED, AND I HAD 104 QUESTIONS, NONE OF THE BUDGET QUESTIONS WERE EVER ANSWERED BY THAT MAN, JESSE. I THINK IF YOU LOOK AT THE CASE OF THE UNITED STATES VERSUS DOTTER WOOIS, THE UNITED STATES SUPREME COURT SAID IN 1943, WHEN YOU'RE DEALING WITH A STATUTE, IT'S MORE THAN JUST A MEANINGLESS COLLECTION OF ENGLISH WORDS.

I THINK MR. BULTHUIS GETS IT. I THINK HE HAS THE CONCERNS OF OUR COUNTY AT HEART. AND I THINK WE NEED TO CONSIDER WHAT THE GREAT AMERICAN SECRETARY OF STATE AND SECRETARY OF WAR WHO WORKED FOR BOTH DEMOCRATIC AND REPUBLICAN PRESIDENTS SAID THE MOST IMPORTANT ADVICE THAT COUNSEL FOR A LARGE ORGANIZATION CAN GIVE THEIR CLIENTS IS YOU'RE DAMN FOOLS AND YOU SHOULD STOP. I THINK MR. BULTHUIS HAS THE ABILITY TO DO THAT, AND I DON'T THINK THE OTHER CANDIDATES DO. THANK YOU FOR RAISING MOMS FOR LIBERTY. I RAISED THAT CASE AFTER IT WAS DECIDED AND THE OFFICE OF THE COUNTY ATTORNEY NEVER PROVIDED THIS BOARD WITH A MEMO ON IT OR ANY KIND OF INTERPRETATION AND THE TIME FOR APPEALING TO THE SUPREME COURT WAS OVER IN EARLY DECEMBER.

WE STILL HAVE NOT DONE THAT. I KNOW THAT MR. BULTHUIS WILL DO A GOOD JOB. WE DIDN'T ALWAYS AGREE WHEN HE WAS THE ASSISTANT, BUT HE'S A DARN GOOD ATTORNEY, AND I THINK HE HAS THE INTERESTS OF THE PEOPLE AT HEART. THANK YOU.

>> YES, MA'AM, ANYONE ELSE FOR PUBLIC COMMENT, PLEASE.

GOOD MORNING.

>> GOOD AFTERNOON. BUT I'M STILL HERE.

BJ, WEST ST. AUGUSTINE. I WANTED TO BE LAST.

BUT I'M NOT LAST. WE PLAY THIS LITTLE GAME EVERY NOW AND THEN. I AM SO GLAD I WAS ABLE TO GET HERE TODAY, THOUGH. PLEASE DO NOT HIRE A LAW FIRM.

WE DO NOT NEED A LAW FIRM. WE NEED AN ATTORNEY THAT WILL BE HERE FOR THE PUBLIC AND TO HELP YOU ALL DO YOUR JOB.

AND IT IS POLITICAL. AND THE REASON THE INTERIM ATTORNEY GOT HIRED WAS BECAUSE THERE WAS AN EX-POLITICIAN, SITTING UP HERE WITH TWO OTHERS THAT GAVE HIM THIS JOB.

GO BACK AND CHECK ON THINGS.

WE DON'T NEED THAT. I DON'T CARE.

HE'S NOT SAVING US ANY MONEY. TELL ME A LAWYER THAT'S REALLY SAVING US ANY MONEY. MAYBE MR. BRADWELL, I DON'T KNOW. REMEMBER, HE WAS GIVEN THE POSITION. GIVEN, GIVEN, GIVEN.

I THINK WE NEED TO REMEMBER, AND THIS WILL PROBABLY BE REBUTTED BY A COUPLE OF COMMISSIONERS, BUT THAT'S HOW IT GOES, POLITICS AFFECTS EVERY ONE OF YOUR VOTES. YOU CAN SIT UP THERE AND SAY NO, BUT WE ALL KNOW IT DOES. THAT'S JUST LIFE.

OKAY. WE CAN DEAL WITH THAT.

WE KNOW YOU'RE COMING FROM WHEREVER YOU WANT TO COME FROM, AND YOU NOTICE, TOO, THERE'S NO DEVELOPERS HERE PRESENT BECAUSE THEY WOULDN'T GET PAID TO SIT DOWN HERE AND LISTEN TO THIS, SO WE'LL SEE IF THEY'RE LISTENING OR WATCHING ON BIG TV.

I THOUGHT THAT THERE WOULD BE A 3-2 VOTE.

I'M GOING TO SAY IT OUT LOUD. FREE SPEECH.

NOW, WE KNOW COMMISSIONER ARNOLD AND COMMISSIONER WHITEHURST WILL BE VOTING FOR MR. KOMANDO.

NOW, WE GOT THREE OF YOU ON THE OTHER SIDE.

I'M PRETTY SURE ABOUT TWO. BUT I GOT ONE I'M QUESTIONING.

I HOPE THAT ONE HAS BEEN PAYING ATTENTION.

I'M NOT GOING TO NAME THAT ONE. I HOPE THAT ONE KNOWS WHO THE ONE IS. OKAY. AND WE'RE GLAD THE ONE IS UP THERE WITH THE OTHER TWO. THREE: BUT, IT'S IMPORTANT FOR THE PUBLIC TO HAVE AN ATTORNEY THAT CARES ABOUT US. LEGAL MATTERS, FINE AND DANDY.

BUT RESPECTING THE PUBLIC, AND I JUST DON'T SEE THAT WE HAD AN INTERIM ATTORNEY DOING THAT. THAT'S JUST MY OPINION.

AND I DON'T KNOW IF YOU'RE GOING TO MAKE A DECISION TODAY. BUT I'M SO GLAD THAT I DIDN'T

[01:55:01]

SO I HOPE I CAN STAY AROUND BEFORE YOU- ALL GO TO LUNCH, AND EAT SOMETHING GOOD BECAUSE YOU'VE DONE SOMETHING GOOD FOR THE PUBLIC, WHERE WE VOTED FOR YOU NEW PEOPLE TO BE ON THE BOARD AND GOT RID OF ONE THAT WASN'T FOR THE PUBLIC. I'M NOT GOING TO NAME A NAME.

EVERYONE KNOWS WHO, FIVE, FOUR, THREE, BYE.

>> THANK YOU, IS THERE ANYONE ELSE FOR PUBLIC COMMENT? PLEASE AT LEAST STAND UP. IF NOT, I SEE NO ONE ELSE, YOU MADE IT. YOU WERE LAST.

THERE IS NO OTHER PUBLIC COMMENT.

SO WE'LL CLOSE IT.

>> WE'RE BACK TO THE BOARD FOR DISCUSSION.

COMMISSIONER HITEHURST.

>> THANK YOU, MADAME CHAIR. I APPRECIATE EVERYBODY WHO'S COME TO SPEAK IN PUBLIC COMMENT, EVERYBODY WHO'S WATCHING AND CERTAINLY TO THE COUNTY ATTORNEY APPLICANTS. I WISH WE COULD HIRE ALL THREE.

I'VE GOT NOT ONE NEGATIVE WORD TO SAY ABOUT ANY ONE OF THEM. I WAS IMPRESSED BY MR. RODRIGUEZ'S EXPERIENCE, I MEAN, THAT CAME THROUGH IN YOUR ANSWER.I APPRECIATE YOUR CANDOR, SIR, I SEE YOU SITTING BACK THERE, SO I JUST WANTED TO SAY I APPRECIATE THE WAY YOU ANSWERED THOSE QUESTIONS, MR. BULTHUIS, I HAVE WORKED WITH YOU. I CERTAINLY HAVE A GREAT DEAL OF RESPECT FOR YOUR TALENT IN LITIGATING, AND OBVIOUSLY EVERYBODY UNDERSTANDS HOW I FEEL ABOUT MR. KOMANDO, WORKING WITH HIM FOR THE PAST YEAR OR MORE HAS REALLY SHOWN ME WHAT HIS MANAGERIAL STYLE LOOKS LIKE, HIS ABILITY TO HANDLE THE MANY VOLATILE ISSUES THAT THIS BOARD HAS FORCED TO CONFRONT ON A DAY IN, DAY OUT BASIS.

HE HAS BEEN EXTREMELY RESPONSIVE.

HE HAS BEEN KNOWLEDGEABLE OF THE LAW. AND GIVES CLEAR DECISIVE LEGAL DIRECTION.

FOR THAT REASON, I'M GOING TO MAKE A MOTION TO HIRE RICHARD KOMANDO AS THE PERMANENT COUNTY ATTORNEY.

>> SECOND.

>> ALL RIGHT. WE HAVE A MOTION ON THE TABLE.

BUT WE ARE STILL HAVING DISCUSSION, BUT ANY MORE DISCUSSION BEFORE WE VOTE? OR SHOULD WE JUST VOTE? COMMISSIONER TAYLOR?

>> I THINK WE ABSOLUTELY SHOULD HAVE SOME DISCUSSION.

YEAH, I THINK -- WELL, AS FAR AS EVERYTHING GOES, I MEAN, IT WAS BROUGHT UP EARLIER, BUT THAT IS -- REGARDING MR. KOMANDO, THAT IS AN ISSUE WITH THE FIRM AND THAT WE ARE NOT ABLE TO CHECK CONFLICTS OF INTEREST, ONLY THOSE ACCOUNTS THAT ARE PUBLIC. AND I HAD A NUMBER OF RESIDENTS THAT ACTUALLY REACHED OUT AND CONTACTED ME, AND THEY ARE VERY CONCERNED, AND DEFINITELY I HEARD LOUD AND CLEAR THAT OUR COUNTY DESERVES ITS OWN ATTORNEY. BUT I DID WANT TO -- BECAUSEBECAUSE ONE OF THE THAT WAS VERY VERY HELPFUL WAS REGARDING REFERENCES, AND, YOU KNOW, WHEN WE LOOKED BACK AT OR TO SOME OF THE COUNTIES THAT MR. KOMANDO IS CURRENTLY WITH, BRADFORD, AS WELL AS PUTNAM AND THAT, FOR EXAMPLE, WITH PUTNAM, IN HIS ROLE AT THE PUTNAM COUNTY WITH THE BOC, THE BOARD CONTACTS RICH DIRECTLY, AND THIS COUNTY ADMINISTRATOR SHARED THAT THEY RUN JUST ABOUT EVERYTHING BY MR. KOMANDO, AND THEY SEEK HIS OPINION ON A DAILY BASIS, ON A DAILY BASIS THIS COUNTY IS REACHING OUT TO HIM. ALSO, ONE OF THE OTHER -- ONE OF THE OTHER COMMENTS FROM COUNTY MANAGER WAS THAT HE DOES -- HE'S VERY BUSY, AND SOMETIMES I WOULD GO LONGER THAN I WOULD HAVE LIKED FOR AN ANSWER ON AN ITEM.

AND, YOU KNOW, THAT'S TO BE WANT -- EXPECTED WHEN YOU'RE JUGGLING SO MANY THINGS.

THAT WOULD HAPPEN TO ANY ONE OF US. WHAT I DID WANT TO SHARE, AND WHAT IS REALLY HELPFUL, AND I KNOW EVERYBODY OUT THERE CAN'T SEE, BUT WE WERE ACTUALLY ABLE TO GET A NUMBER OF EVALUATIONS FROM MR. BULTHUIS IN THE OVER EIGHT YEARS THAT HE HAS WORKED HERE, AND I KNOW I MENTIONED IT EARLIER, BUT ONE OF THE THINGS THAT HE MENTIONED IN HIS INTERVIEW WAS THAT BECAUSE OF THE HISTORY THAT HE'S HAD HERE AND THE RELATIONSHIPS THAT HE DOES HAVE, AND I LOVE THAT YOU DID MENTION THAT, YOU KNOW, THAT THE FIRST THING HE'S GOING TO DO WHEN HE DOES START IS REACH OUT TO PEOPLE WITHIN THAT.

BUT WHEN I DID REACH OUT TO A NUMBER OF PEOPLE IN MANAGEMENT, I HEARD NOTHING BUT POSITIVE THINGS ABOUT THE WORKING RELATIONSHIP THAT THEY HAVE WITH MR. BULTHUIS. JUST ONE RIGHT AFTER ANOTHER.

IN FACT, ONE PERSON ACTUALLY SAID THAT THEY WERE VERY DISAPPOINTED WHEN HE DECIDED TO LEAVE THE COUNTY, AND THAT THEY HAVE BEEN HOPING HE WOULD ACTUALLY COME BACK. AND THAT, YOU KNOW, WE'D BE VERY FORTUNATE TO BE IN A SITUATION WHERE HE IS WILLING TO COME BACK AND WORK FOR OUR COUNTY.

ALSO, I DID WANT TO NOTE, TOO, THAT PATRICK MCCORMICK, WHOSE NAME WAS MENTIONED EARLIER, OVER 15 YEARS WITH THE COUNTY, THIS IS SOMETHING MR. MCCORMICK EXPRESSED, HE EXPRESSED THAT

[02:00:02]

AND THE OTHER THING THAT I DID WANT TO SHARE, ESPECIALLY BEING A NEWER COMMISSIONER, THERE ARE SO MANY THINGS THAT DO COME UP, AND WE KNOW THAT THERE IS A LOT OF HISTORY WITH A NUMBER OF PROJECTS, AND DURING BRAD BULTHUIS'S LAST INTERVIEW, HE SUGGESTED HE HAS THE ST. JOHNS COUNTY BACKGROUND AND THE HISTORY AND OFFICE OF THE COUNTY, AND HE SHARED SEVERAL PROJECTS OF THE COUNTY THAT HE WAS FAMILIAR WITH AND A PART OF SINCE ITS INCEPTION.

I CAN THINK OF SEVERAL CHALLENGING PROJECTS WHERE THAT HISTORY AND INFORMATION WOULD BE VERY VERY VALUABLE, INCLUDING SUMMER HAVEN, GRAND OAKS. THOSE ARE A FEW OF THE HISTORY THAT HE CAN BRING TO OUR COUNTY.

SO FOR THOSE REASONS, I WILL NOT BE SUPPORTING THAT MOTION, BUT I DEFINITELY WILL SUPPORT MR.

BULTHUIS. >> THANK YOU.

>> IS YOUR LIGHT ON?

>> YES, PLEASE. COMMISSIONER ARNOLD.

>> THANK YOU, MADAME CHAIR. MR. BULTHUIS WAS FABULOUS TO WORK WITH WHEN HE WAS ERE. WE HAVE THREE AMAZING CANDIDATES. MR. RODRIGUEZ, I THOUGHT YOU WERE JUST FABULOUS, IN WORKING WITH MR. KOMANDO IN THE LAST YEAR AND TALKING WITH OUR STAFF AND KNOWING THAT THEY ARE CRAVING STABILITY AND KNOWING THAT I HAVE SEEN NOTHING BUT RESPONSIVENESS FROM MR. KOMANDO, THAT'S WHERE I'M GOING TO STAND RIGHT NOW.

>> GOING FORWARD, I HAVE NOT SEEN IVENESS AND CANNOT TRUST HIM GOING FORWARD.

I AGREE WITH COMMISSIONER TAYLOR, AND VICKY PEPPER COULD NOT BE HERE FOR PUBLIC COMMENT, BUT SHE HAS A PARAGRAPH THAT'S IMPORTANT TO HOW I FEEL. I KNOW FROM EXPERIENCE THAT ATTORNEYS IN PRIVATE PRACTICE ENTER AND LEAVE RA FEDERAL GOVERNMENT SERVICE ALL THE TIME.

WHEN ATTORNEYS IN PRIVATE PRACTICE, THAT HE ROUTINE RESIGN FROM THEIR LAW FIRMINGS, GOVERNMENT ENTITIES EMPLOYING THEM WANT THERE TO BE NO DOUBTS OR CONFUSION REGARDING WHOM THEY WORK AND WHOSE INTERESTS THEY REPRESENT. I THINK THAT IS THE ULTIMATE THING THAT SHOULD HAPPEN HERE FOR OUR COUNTY AND THE PEOPLE THAT LIVE IN THIS COUNTY.

I WOULD SUPPORT BRADLEY BULTHUIS, EVEN THOUGH MR. RODRIGUEZ WAS EXCELLENT ALSO.

THANK YOU. >> COMMISSIONER

MURPHY. >> SO IN CONSIDERING THIS WAS I WAS BLESSED TO BE ON THE SEARCH COMMITTEE, AND I GOT A CHANCE TO READ THE INTERVIEWS AND GOT A CHANCE TO DO A LOT OF BACKGROUND WORK ON THIS.

I THINK THE FORTUNATE THING ABOUT THIS IS THAT WE HAVE THREE AMAZING APPLICANTS. I SAY THAT BECAUSE ALL OF THEM HAVE BEEN EXCEPTIONAL IN ALL OF THEM WOULD BE AN DONE. - AMAZING COUNTY ATTORNEY GOING FORWARD.

HERE'S MY PERSONAL DILEMMA GOING FORWARD WITH THIS CHOICE. AS A VICTIM OF THIS SOCIAL MEDIA CAMPAIGN, I TEND TO BRISTLE WHEN I SEE OTHERS ATTACKED THIS WAY.

IT HAS THE OPPOSITE EFFECT ON ME.

I HAVE THIS PATERNAL INSTINCT TO WANT TO PROTECT THE VICTIM IN THIS CASE, SO MY FIRST THOUGHTS ARE THAT RICH KOMANDO HAS BEEN ATTACKED IN A WAY THAT I DON'T THINK IS FAIR, AS SOMEONE WHO WAS THE VICTIM OF THE SHENANIGANS DURING THE ELECTION, AND BY SOMEONE THAT HE SUPPORTED, I FEEL MORE QUALIFIED THAN ANYONE EXCEPT MAYBE COMMISSIONER TAYLOR TO SAY THAT NONE OF THAT STUFF MATTERS.

WHEN THE ELECTION WAS OVER, THE ELECTION WAS OVER, AND FOR ME GOING FORWARD, WE HAVE TO MAKE THE DECISIONS BASED ON WHAT'S BEST FOR THE COUNTY, NOT WHAT'S BEST FOR OUR POLITICAL FEELINGS OR OUR OPPORTUNITY TO BE REELECTED IN FOUR YEARS.

BECAUSE NONE OF THAT MATTERS TO ME. WHAT MATTERS TO ME IS THE COUNTY AND THE HEART OF THE COUNTY. SO HERE'S MY DILEMMA.

MY DILEMMA IS THAT GOING FORWARD, I STRUGGLE WITH -- WITH

[02:05:10]

IT REALLY CONCERNS ME THAT WE CAN GO FORWARD.

ONE OF THE REASONS WHY I SAY THAT IS BECAUSE, YOU KNOW, I'M MORE INCLINED, AFTER THIS MEETING THIS MORNING, TO GO WITH SOMEONE WHO WOULD BE A CLEAN SLATE THAN I WOULD ANYBODY ELSE. SO I 'M NOT SURE IF WE COULD COME TO AN AGREEMENT THIS MORNING ABOUT WHO WE WOULD GO FORWARD WITH. I'M STRUGGLING GOING FORWARD.

I'LL JUST TELL YOU, I'M STRUGGLING WITH IT.

I THINK THAT EITHER ONE OF THESE CANDIDATES WOULD BE GOOD, BUT THE QUESTION IS ARE ANY OF THESE CANDIDATES BAD? SO I GUESS WHAT IT COMES DOWN TO IS PUSHING THE BUTTON FOR YES OR NO. SO --

>> WELL, THE ONE THING YOU JUST SAID IS JUST -- IT'S NOT APPLES AND APPLES. WE'RE LOOKING AT A FIRM OR TWO INDIVIDUALS. IF YOU WANTED TO DISCUSS THE TWO INDIVIDUALS, I'M COMPLETELY OPEN FOR THAT. BECAUSE THE TWO WERE EXCELLENT OR INDIVIDUALS THAT WOULD STEP INTO THE OFFICE, BE AT THE DESK WHEN WE NEED THEM, WALK IN THERE AND BE ABLE TO TALK TO THEM.

AS IN THIS MOTION, I DO NOT SUPPORT THIS MOTION.

>> AND THANK YOU FOR THAT, SO HERE'S MY CHALLENGE TO THAT, AND TO THAT THINKING IS THAT I DON'T CONSIDER -- AND IF MR. KOMANDO GOES FORWARD WITH THE 3-2 VOTE, PART OF HIS CONTRACT NEGOTIATIONS WOULD BE SET FORWARD ABOUT WHAT WE EXPECT HIM TO BE AND HOW WE EXPECT HIM TO BE HERE.

YOU KNOW, IF WE WANT HIM TO BE HERE 40 HOURS, YOU KNOW, 9:00 TO 5:00, MONDAY THROUGH FRIDAY, THEN THAT'S SOMETHING WE CAN ALWAYS WORK OUT ON THE CONTRACTUAL BASIS. SO, YOU KNOW, HIRING MR. KOMANDO AND HAVING THE EXPERIENCE OF AN INCREDIBLE TEAM BEHIND HIM IS NOT A NEGATIVE TO ME.

I DON'T THINK THAT THAT'S A NEGATIVE AT ALL.

AS A MATTER OF FACT, I THINK IT'S A POSITIVE.

I THINK WITH RICH KOMANDO'S APPOINTMENT, I THINK WE GET ALL OF THESE BENEFITS, AND IT'S NOT -- IT'S NOT NEGATIVE TO ME.

I JUST -- I DON'T KNOW HOW WE CAN OVERLOOK THAT, AND SAY THAT THAT'S A NEGATIVE. SO TO ME, YOU KNOW, WHEN YOU'VE GOT AN INCREDIBLE TEAM BEHIND YOU THAT HAS THE INFLUENCE THAT HIS FIRM HAS, I DON'T -- I'M NOT SAYING THAT THAT'S, YOU KNOW, WHY I WOULD SAY YES, BUT IT WOULD CERTAINLY NOT BE A REASON TO SAY NO.

>> EXCEPT I DON'T UNDERSTAND, HE NEVER SAID HE COULD BE HERE, HE WOULD BE ON THE PHONE.

I THINK THAT'S WHAT HE SAID THAT HE WASN' GOING TO BE IN THE OFFICE 40 HOURS A WEEK.

HE SAID THAT IN HIS INTERVIEW.

>> NO, I DON'T THINK THAT'S EXACTLY HOW IT WAS PARAPHRASED. WE MIGHT HAVE TO GO BACK AND LOOK AT THIS BECAUSE I THINK WHAT HE SAID WAS THAT HE WOULD BE HERE WHENEVER WE WANTED HIM TO

BE. >> HE SAID ELECTRONICALLY, THOUGH.

>> I WOULD LIKE TO OFFER AN AMENDMENT TO MY MOTION, I THINK COULD HELP CLARIFY SOME OF THIS.

COMMISSIONER MURPHY, YOU MENTIONED THE NEGOTIATION.

I WOULD LIKE TO HIRE RICH KOMANDO AND HAVE COMMISSIONER MURPHY LEAD THE NEGOTIATIONS IF COMMISSIONER ARNOLD WOULD SECOND

THAT. >> IN THE PAST, JUST FOR THE BOARD TO KNOW THAT THE CHAIR HAS ALWAYS BEEN THE ONE TO NEGOTIATE WITH THE COUNTY ATTORNEYS.

THAT WAS ON BOARD. THAT'S A DEFINITE WAY TO SUPERCEDE THE ACTUAL WAY THINGS ARE DONE FROM THE HISTORY OF OUR

COUNTY. >> I'M JUST TRYING TO MAKE SURE THAT WE HAVE SOMEBODY WHO CAN ADDRESS THE CONCERNS THAT WE'RE ALL DISCUSSING ABOUT MR. KOMANDO'S AVAILABILITY. SO THIS WOULD BE A WAY THAT WOULD BE INCLUDED IN THE MOTION THAT WE COULD ALL VOTE ON THAT COMMISSIONER MURPHY WOULD BE ABLE TO INCLUDE THOSE DETAILS IN THE CONTRACT IF HE SO CHOSE.

>> WELL, AS CHAIR, I WOULD OBVIOUSLY MAKE SURE THAT HAPPENED, BUT, AGAIN, I DO QUESTION HIS TIME HERE IN THE OFFICE. WITH THAT, WE DO HAVE A MOTION ON THE TABLE. ANY OTHER

COMMENTS? >> DID WE AMEND THE MOTION? DID WE AMEND THE MOTION?

>> MR. ARNOLD, DID YOU AGREE TO THE AMENDMENT?

>> YES.

>> THEN THE MOTION IS AMENDED.

>> CAN YOU RESTATE EXACTLY WHAT WE'RE VOTING ON.

>> I'D BE HAPPY TO. THAT WE HIRE RICHARD KOMANDO AS THE PERMANENT ST. JOHNS COUNTY ATTORNEY AND THAT COMMISSIONER MURPHY, IF HE'S AMENABLE TO

[02:10:01]

>> I HAVE ONE QUICK COMMENT. WHEN YOU SAID COMMISSIONER MURPHY THAT HE HAS INFLUENCE, WHAT DID YOU MEAN BY THAT?

>> WELL, THAT'S A GOOD QUESTION.

ONE OF THE THINGS THAT I FEEL THAT WE AS A BOARD ARE DOING A REALLY CRAPPY JOB AT IS BRINGING HOME THE BACON FROM THE STATE AND FROM THE FEDERAL GOVERNMENT.

I THINK WE NEED TO BE IN TALLAHASSEE, AND WE NEED TO BE SOLICITING BADLY NEEDED INFRASTRUCTURE DOLLARS TO COME HOME TO ST. JOHNS COUNTY SO THAT WE CAN TAKE THE WEIGHT OF THE -- OF TAXES OFF THE BACKS OF OUR CONSTITUENTS.

I DON'T THINK WE DO A GOOD JOB OF THAT.

I THINK JUST LIKE HAVING A FIRM LIKE THE INO GROUP THAT HELPS WITH INFLUENCE IN THE AREA, I THINK MEMBERS OF MR. KOMANDO'S WHATEVER GROUP OR FIRM I THINK COULD HELP US BRING HOME THE BACON. I REALLY THINK THAT THAT'S SOMETHING THAT WE HAVE TO THINK

ABOUT. >> THAT'S NOT THE ROLE OF A COUNTY ATTORNEY. THE ROLE OF A P COUNTY ATTORNEY IS TO PROTECT OUR COUNTY, TO HELP US WITH OUR LAND DECISIONS.

>> AND I ABSOLUTELY AGREE WITH THAT, BUT I THINK MR. KOMANDO IS MORE THAN ADEQUATE TO ADVISE THE COUNTY.

I JUST THINK THAT WITH THAT WE GET AN ADDITION, WE GET A PLUS, WE GET A PLUS-PLUS, AND I CAN'T -- I'M NOT SAYING THAT THAT'S THE THING THAT PUSHES IT OVER THE TOP FOR ME, BUT IT'S GOT TO BE SOMETHING THAT HAS TO HAVE SOME KIND OF EFFECT.

>> IT JUST SOUNDS ILLEGAL, ACTUALLY, AND ALSO, DON'T WE HAVE ADAM TECH LER AND THE FLORENTINO GROUP, THAT'S WHAT THEY DO, AND THAT'S THE JOB. OUR JOB IS THE COUNTY ATTORNEY THAT CAN PREVENT A PROBLEM, AND THE AMOUNT OF MR. RODRIGUEZ AND MR. BULTHUIS', THEY NEVER SAID POLITICAL. THEY NEVER SAID THEY'RE GOING TO GO TO TALLAHASSEE. WE NEED THEM HERE, AND WE NEED THEM TO PROTECT OUR COUNTY AND THE PUBLIC, AND THAT'S WHAT THEIR JOB IS FOR.

I MEAN, IF YOU WANT TO HIRE A DIFFERENT PERSON TO DO THAT, YOU KNOW, MAYBE HIRE THE FIRM SEPARATELY. I DON'T KNOW. BUT THAT'S NOT WHAT A COUNTY ATTORNEY IS SUPPOSED TO BE DOING.

>> ANY THOUGHTS, MS. WEST.

>> NO, I HAVE NO THOUGHTS ON THE MATTER.

>> THANK YOU.

>> ALL RIGHT. LET'S VOTE.

MR. KOMANDO IS GOING TO BE OUR NEW ATTORNEY, OR NO, I'M SORRY. IS THAT --

>> YEAH. >> YES. OKAY, BECAUSE MY THING SAYS THE OPPOSITE.

MINE HAS NO FOR THREE. OKAY.

SO YES, 3-2.

>> COMMISSIONER TAYLOR.

>> NO.

>> COMMISSIONER ARNOLD.

>> YES.

>> COMMISSIONER WHITEHURST.

>> YES.

>> ALL RIGHT. AND OKAY.

SO WE'RE GOING FORWARD, AND ANY OTHER COMMENTS BEFORE WE CLOSE?

* This transcript was compiled from uncorrected Closed Captioning.