Levy County commissioners approve alternate severance for former county attorney after contested meeting

The Levy County Board of County Commissioners voted 3-2 to approve an alternate severance agreement concept for former county attorney Nicole Shally, authorizing a $2,500 special payout plus payment for accrued sick and vacation leave and directing county staff to reconcile the exact leave payout.

The vote followed a public statement by Shally, who said she was terminated without cause at a prior meeting on Oct. 21 and that a severance agreement she and county officials signed with a payout date of Nov. 5 had not been paid. "No reason or cause was stated for the motion to immediately deprive me of my livelihood," Shally said, and she urged the board to either ratify the October 21 agreement or to adopt the alternate severance offered in the current meeting packet.

Why it matters: Commissioners debated legal risk, personnel policy and public transparency before approving the concept. Outside counsel told the board both agreements contain a comprehensive release of liability that would protect the county from potential future litigation, and recommended accepting one of the agreements because litigation expenses could exceed the payout.

During discussion, County Manager Mary Ellen Harper and the clerk provided updated leave calculations. The clerk said the leave total was 239.38 hours; staff and counsel confirmed a recalculation that produced a leave payout figure of $20,440.66 and identified 172.69 sick hours and 66.69 vacation hours used in that calculation. Counsel recommended including the corrected figures in the motion and authorizing the manager, with oversight of the clerk's office, to make minor adjustments to the final payout amount.

The decision prompted a sharp public comment from a resident who said the public had not been given adequate detail on the agenda packet and objected to the county paying the former attorney. "You did not provide anything on the agenda with the numbers," the commenter said, adding that taxpayers did not have an "appetite" for the payout.

Board action: A motion to approve the concept of the alternate severance (the $2,500 payment plus leave payout) was placed on the floor, amended to reflect the corrected hours and dollar amounts, and carried on a 3-2 vote. The board record shows the motion passed and directed staff to reconcile and finalize the precise payout amounts with HR and the clerk's office.

What the agreement would do: According to counsel, both the signed October 21 agreement and the alternate agreement include releases of legal claims in exchange for payment. Counsel said the principal difference between the two written agreements is the severance amount (one reflected 20 weeks; the other is a leave payout plus $2,500). Counsel advised the board that accepting an agreement would reduce the county's exposure to potential litigation.

Next steps: The board approved the concept and instructed the county manager and clerk to reconcile final leave-hour calculations and substitute final dollar figures into the agreement paperwork. No final payment record is shown in the meeting minutes; the motion authorized staff to finalize the figures and proceed as directed.

Representative quotes from the meeting include Shally: "I was unable ... to ensure that a verbatim record of the proceeding was made," and outside counsel: "From a legal perspective, you're buying protection, and I think it's at a cost that is reasonable given the amount litigation could be."