Stuart commission votes 3–2 to terminate City Manager Michael J. Mortel without cause; interim appointed

The Stuart City Commission voted 3–2 on Oct. 27 to terminate City Manager Michael J. Mortel without cause and to appoint Jolie as interim city manager.

The motion, made by Commissioner Reid and seconded from the dais, came after a legal briefing by City Attorney Baggett about the terms of Mortel’s contract and the statutory standards for termination for cause. Baggett told the commission the contract treats the city manager as an at-will employee but that a 'for cause' termination would require identifying statutory grounds — such as malfeasance, misfeasance or neglect of duty under the cited Florida statute — and providing factual support and an opportunity for the employee to respond.

Baggett said the Mortel contract provides 20 weeks’ severance if terminated without cause; he contrasted that with the general employee handbook, which provides roughly 90 days’ pay for other employees. Baggett also advised that if the commission sought a for-cause termination, it should compile evidence and schedule a specially noticed hearing to provide procedural due process.

Commissioner Reid told the commission he had concerns about several agenda items and cited specific matters that prompted his motion; Reid also said he filed a police report related to threats he had received concerning an agenda item. Supporters who spoke in favor of the termination said they sought greater accountability and transparency. Opponents said Mortel’s long institutional knowledge and continuity would be lost and warned of operational and fiscal disruption.

More than three hours of public comment followed the motion. Local business leaders, former officials and neighborhood residents gave varied testimony. Raj Patel read an essay praising Mortel’s leadership. Bonnie Moser, speaking for neighborhood residents about traffic-calming proposals, urged more design-based solutions and said stop signs can increase speeds; she did not address the personnel motion directly. Several civic leaders, including representatives of the NAACP and long-time residents, urged the commission to retain Mortel. Others raised specific project- and grant-related complaints and urged investigation.

Mortel spoke before the vote. He said staff and the city followed the commission’s policy directions, disputed allegations of fraud or illegal conduct, and defended his record of implementing commission policy over decades of service in multiple roles. "I've spent my life serving Stuart," Mortel said during his remarks.

In the roll call, Vice Mayor Collins, Commissioner Gioby and Commissioner Reid voted to approve termination without cause; Mayor Rich and Commissioner Clark voted no. The commission also appointed Jolie as interim city manager immediately after the vote.

The commission did not adopt a for-cause finding and, per the city attorney’s advice, the for-cause process was not initiated. Baggett had recommended that if the commission wished to pursue a for-cause termination it should document alleged statutory grounds, gather supporting evidence and schedule a specially noticed hearing that would give the manager an opportunity to respond.

Practical implications noted during the meeting: if Mortel’s employment is ended without cause he would be eligible for the contract severance Baggett described; if terminated for cause he would not be. Mortel indicated in remarks that he had already begun moving out of his office prior to the vote.

The commission adjourned immediately after the roll call vote.