Commission pulls Item 13A from agenda after notice of intent to sue; members call for outside counsel review

At the start of the May 4 meeting the Fort Pierce commission debated and voted to remove agenda Item 13A after a commissioner said the city had received a notice of intent to sue last week. The mover said removing the item was necessary to avoid creating public statements that could be used in potential litigation.

Commissioner (S6) moved to pull Item 13A, explaining the concern: "we received a a letter of intent last week, and I don't want anything that could come out of that discussion to be used...to sue the city or or hurt the city." Other commissioners acknowledged the need to protect the city but several said the issue also implicated the city charter and the roles and responsibilities of charter officers and should be discussed with legal guidance. Commissioner (S3) said they would oppose the motion to pull so the commission could discuss the charter roles now, and urged that an outside legal opinion and related documentation be provided before the item returns.

The commission voted to remove Item 13A from the agenda and later approved the rest of the agenda. Commissioners said they intend to consult outside counsel or the attorney assigned to the potential suit to determine what can be discussed publicly and how to proceed; one commissioner asked the clerk about notice requirements for returning an item to the agenda.

Why it matters: removing a posted agenda item because of pending litigation or an intent to sue can delay public discussion of the underlying issue and raises transparency questions; commissioners said the delay was intended to protect city employees and the city’s legal position.

What happens next: commissioners expect to meet with outside counsel or the attorney who will handle the potential suit, clarify what can be said in public, and then place the item back on a future agenda with appropriate notice.

Representative quotes: "I'm making a motion to pull 13 A from the agenda...since we received that letter...this discussion should be pulled for this time until we dealt with that lawsuit or potential lawsuit," said Commissioner (S6). "I would ask you to please rescind that so that we could have that conversation tonight," said Commissioner (S3), urging the charter discussion proceed.

The meeting proceeded to other business after the vote, including the Amazon site‑plan hearing described above.