Fort Pierce commission places city manager on leave, names city clerk acting manager and orders independent probe

The Fort Pierce City Commission voted 3–2 on Aug. 19 to place City Manager Nicholas Mims on administrative leave with pay effective Aug. 15 and to designate City Clerk Linda Cox as acting city manager, the commission said. The resolution, labeled 24‑R47, directs the city attorney to hire an outside firm with no prior ties to the city to conduct an independent review of Mr. Mims’ actions and report back to the commission; the appointment and review are to be reevaluated on Sept. 16, 2024.

The commission’s action followed a long public comment period in which residents and city employees urged caution, transparency and outside review. Reginald Sessions, who identified himself as a concerned Fort Pierce citizen, told the commission, “Don’t put her in this fire … Bring someone else in here independent of her.” Rick Reed, another commenter, urged commissioners not to “rush to judgment” and raised questions about information already provided to FDLE and the State Attorney’s Office.

Commission debate focused on whether appointing the city clerk to an acting city manager role complied with state law and the city charter. Commissioner Gaines said he was “still not satisfied that we are following the law,” citing a 2007 attorney general opinion and the charter’s separate lists of duties for the city manager and city clerk. “I’m having a problem sitting here understanding how we’re not violating, you know, state law,” he said.

City Attorney Hedges responded that Florida advisory opinions distinguish acting roles from interim appointments and that limited, ex‑officio duties assigned temporarily are treated differently than a permanent dual‑office holding. “When you are talking about adding additional ex officio duties onto a person, that is not . . . an appointment of a dual office holding,” Hedges said, explaining the legal rationale for the acting designation.

The commission also discussed the scope of the city’s independent review versus ongoing criminal inquiries by state authorities. Several commissioners emphasized that the city’s investigation will focus on personnel policies, contract obligations and whether any employment rules were violated, and not on duplicating FDLE’s criminal probe. Commissioner Broderick said the city’s inquiry is designed to assess internal HR and contractual issues that are separate from criminal matters.

Human Resources Manager Jared Sorensen told the commission the personnel handbook allows administrative leave with or without pay at the appointing authority’s discretion and that contract terms for employees under DROP or other negotiated arrangements may differ; he said he would review Mr. Mims’ contract details and report back.

Before the roll‑call vote, the motion to approve the updated resolution was made and seconded; the recorded votes were: Commissioner Broderick — Yes; Commissioner Gaines — No; Commissioner C. Johnson — No; Commissioner Jay Johnson — Yes; Mayor Hudson — Yes. The resolution passed, directing the city attorney to retain an independent investigator with no prior work for the city or elected officials, and setting a review date of Sept. 16, 2024.

Public commenters later raised concerns that the resolution and acting appointment might not address root problems, and multiple speakers—including current and former city employees—urged the commission to prioritize public‑safety staffing. Several police officers and local residents said the department has lost officers and called for higher pay to retain staff.

The commission’s next procedural step is the independent investigation ordered under resolution 24‑R47; commissioners said they will be updated when the outside firm completes its review, and they reserved the right to call a special meeting if new information arrives earlier than the scheduled September review.