HIGH SPRINGS – A recent move by the High Springs City Commission that would place a charter amendment limiting City borrowing on the November ballot in High Springs is now the subject of a lawsuit.Local attorney Linda Rice Chapman filed the suit Tuesday on behalf of High Springs resident Ross Ambrose, who is seeking injunctive relief from the court. The civil case, filed in circuit court, takes aim at the process by which the commission approved placing the amendment on the ballot. Mayor Dean Davis, Vice-Mayor Bob Barnas and Commissioner Linda Gestrin voted in favor of the proposed amendment, while Commissioners Sue Weller and Scott Jamison voted against it.
Named in the suit are the City of High Springs and Alachua County Supervisor of Elections, Pam Carpenter, who ultimately oversees elections and has the ballots printed.
At the center of the nearly 60-page lawsuit is the allegation that commissioners acted improperly during a meeting held on July 31. Commissioners held a second public hearing on the proposed charter amendment and in a narrow 3-2 vote approved it for the ballot with a change from a previously advertised $1 million borrowing cap to a $2 million borrowing cap. Chapman argues in the lawsuit that such a change did constitute a substantial deviation from the first public hearing held on July 19, and thus required advertisement to the public.
After that vote, Ambrose reportedly left the meeting, having spoken out against the amendment altogether.
During that same July 31 meeting, commissioners decided to reconsider their action amid concern that the change to $2 million would be problematic as a result of the substantial change and public notice requirements. Barnas, Gestrin and Davis waved the city’s own rules regarding reconsiderations of motions and proceeded to revert to the $1 million cap.
According to the lawsuit, commissioners never opened a public hearing and accepted public input before the vote on the $1 million cap. Additionally, Chapman argues in the suit that proper reconsideration of an action may only occur at a subsequent meeting, not at the same meeting. Moreover, since Ambrose left after the only advertised public hearing, he would have had no way of knowing the commission would yet again take up the issue of the borrowing limit.
“Plaintiff Ambrose is entitled to injunctive relief as he has clear legal rights that were violated (the right to meaningful notice and the right to a meaningful opportunity to be heard), and he has no adequate remedy at law,” the lawsuit claims.
Some of the concerns raised in the lawsuit seem to be shared by the city’s own attorney, Ray Ivey.
“Ray Ivey announced that it had been brought to his attention that since Ordinance 2012-13 had been passed with a substantial change (doubling the debt ceiling), based upon his interpretation of Attorney General Opinions, the enactment process must begin anew, requiring re-advertisement and two public hearing,” Chapman wrote in the lawsuit.
As to reconsidering the first ordinance, Ivey reportedly said “You have passed an ordinance…I do not think you can [change it now].”
After High Springs resident and former city attorney Thomas DePeter alerted the commission that they failed to open the public hearing for public comment, City Attorney Ivey suggested the commission reopen the hearing. Despite the suggestion, Vice-Mayor Barnas abruptly moved for an adjournment to the meeting.
Numerous other allegations are made in the complaint, including that Barnas used an emergency meeting in an effort to push the amendment forward in time for ballot deadlines.
Ambrose seeks to have the court declare that the proposed charter amendment is not binding or is null and void because it was “passed in violation of Florida Statutes, specifically s. 286.011,” according to the suit. He is also asking the court to enjoin Pam Carpenter’s office from placing the proposed charter amendment on the ballot.
As the plaintiff who filed suit, Ambrose is also asking for attorney fees and costs as a result of the commission’s actions. And although the City of High Springs as an entity is named in the lawsuit, the matter could become much more personal.
“Furthermore, since the actions in violation of the law that are [described in the lawsuit] were taken against the advice of counsel, City Attorney Ray Ivey, attorney fees and costs may be assessed against the individual members of the commission who failed to follow the advice of their counsel…Those members are Mayor Dean Davis, Vice Mayor Bob Barnas, and Commissioner Linda Clark Gestrin,” the complaint states.
No court dates have been set for the case.
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Local attorney Linda Rice Chapman filed the suit Tuesday on behalf of High Springs resident Ross Ambrose, who is seeking injunctive relief from the court. The civil case, filed in circuit court, takes aim at the process by which the commission approved placing the amendment on the ballot. Mayor Dean Davis, Vice-Mayor Bob Barnas and Commissioner Linda Gestrin voted in favor of the proposed amendment, while Commissioners Sue Weller and Scott Jamison voted against it.
Named in the suit are the City of High Springs and Alachua County Supervisor of Elections, Pam Carpenter, who ultimately oversees elections and has the ballots printed.
At the center of the nearly 60-page lawsuit is the allegation that commissioners acted improperly during a meeting held on July 31. Commissioners held a second public hearing on the proposed charter amendment and in a narrow 3-2 vote approved it for the ballot with a change from a previously advertised $1 million borrowing cap to a $2 million borrowing cap. Chapman argues in the lawsuit that such a change did constitute a substantial deviation from the first public hearing held on July 19, and thus required advertisement to the public.
After that vote, Ambrose reportedly left the meeting, having spoken out against the amendment altogether.
During that same July 31 meeting, commissioners decided to reconsider their action amid concern that the change to $2 million would be problematic as a result of the substantial change and public notice requirements. Barnas, Gestrin and Davis waved the city’s own rules regarding reconsiderations of motions and proceeded to revert to the $1 million cap.
According to the lawsuit, commissioners never opened a public hearing and accepted public input before the vote on the $1 million cap. Additionally, Chapman argues in the suit that proper reconsideration of an action may only occur at a subsequent meeting, not at the same meeting. Moreover, since Ambrose left after the only advertised public hearing, he would have had no way of knowing the commission would yet again take up the issue of the borrowing limit.
“Plaintiff Ambrose is entitled to injunctive relief as he has clear legal rights that were violated (the right to meaningful notice and the right to a meaningful opportunity to be heard), and he has no adequate remedy at law,” the lawsuit claims.
Some of the concerns raised in the lawsuit seem to be shared by the city’s own attorney, Ray Ivey.
“Ray Ivey announced that it had been brought to his attention that since Ordinance 2012-13 had been passed with a substantial change (doubling the debt ceiling), based upon his interpretation of Attorney General Opinions, the enactment process must begin anew, requiring re-advertisement and two public hearing,” Chapman wrote in the lawsuit.
As to reconsidering the first ordinance, Ivey reportedly said “You have passed an ordinance…I do not think you can [change it now].”
After High Springs resident and former city attorney Thomas DePeter alerted the commission that they failed to open the public hearing for public comment, City Attorney Ivey suggested the commission reopen the hearing. Despite the suggestion, Vice-Mayor Barnas abruptly moved for an adjournment to the meeting.
Numerous other allegations are made in the complaint, including that Barnas used an emergency meeting in an effort to push the amendment forward in time for ballot deadlines.
Ambrose seeks to have the court declare that the proposed charter amendment is not binding or is null and void because it was “passed in violation of Florida Statutes, specifically s. 286.011,” according to the suit. He is also asking the court to enjoin Pam Carpenter’s office from placing the proposed charter amendment on the ballot.
As the plaintiff who filed suit, Ambrose is also asking for attorney fees and costs as a result of the commission’s actions. And although the City of High Springs as an entity is named in the lawsuit, the matter could become much more personal.
“Furthermore, since the actions in violation of the law that are [described in the lawsuit] were taken against the advice of counsel, City Attorney Ray Ivey, attorney fees and costs may be assessed against the individual members of the commission who failed to follow the advice of their counsel…Those members are Mayor Dean Davis, Vice Mayor Bob Barnas, and Commissioner Linda Clark Gestrin,” the complaint states.
No court dates have been set for the case.
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