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Charter committee recommends city attorney be appointed by, and serve at the pleasure of, the commission
Summary
On Oct. 14, 2025 the Palatka Charter Review Committee voted to recommend language that would clarify the city attorney is appointed by the city commission and serves at its pleasure, addressing past conflicts when legal advice aligned with the manager rather than commissioners.
The Palatka Charter Review Committee voted Oct. 14 to recommend charter language clarifying that the city commission shall appoint a city attorney who "shall serve at the pleasure of the commission" and act as legal adviser and counsel to the municipality and its officers.
Committee members debated whether detailed job qualifications and duties should be embedded in the charter or left to contracts and HR job descriptions. Staff noted the charter is currently silent on the attorney’s role following a prior change; the sample language under discussion was taken from the St. Augustine charter.
During discussion, members raised recurring problems when the city attorney effectively took direction from the city manager and the commission had to hire outside counsel to resolve conflicts. One committee member argued the single clarifying sentence was the most important change, saying the fix would prevent the commission from having to retain outside counsel when the manager and the commission are at odds. The committee also discussed where duties such as bond counsel or litigation representation typically reside and how contracting practices intersect with charter language.
A committee member read the proposed sentence into the record as a motion: “The city commission shall appoint a city attorney who shall serve at the pleasure of the commission and shall act as the legal adviser to and attorney and counsel for the municipality and all of its officers in matters relating to their official duties.” The motion was seconded, amended during discussion to include removal language (city attorney may be removed by majority vote of the commission), and approved by the committee.
City attorney practice, the use of outside counsel (including instances where insurance carriers provide counsel), and the distinction between drafting versus approving contracts were part of the supporting discussion. Staff said the recommended charter sentence would provide a clear foundation for future contract or job-description language but need not enumerate every duty.
The committee will report this recommended change to the full commission at the committee’s next update; if adopted into the draft charter it would appear on the referral language provided to voters and would require the commission and staff to decide whether additional duties or qualifications remain in contracts or in an HR job description.
