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Commission approves amended county attorney contract, sparking debate over supermajority removal clause
Summary
The board approved an amendment to the county attorney's professional services agreement tying pay increases to county employee raises and requiring a 4-1 supermajority to terminate the attorney without cause; supporters said the change protects nonpartisan legal advice, opponents asked for an Attorney General opinion and more transparency.
The St. Johns County Board voted to approve an amended professional services agreement with the county attorney that includes two substantive changes: (1) compensation adjustments that track county employee pay adjustments, and (2) a termination safeguard requiring a 4-of-5 supermajority to terminate the county attorney without cause.
Supporters said the change protects the county's legal independence and makes the attorney less vulnerable to changing political winds. Commissioner Christian Whitehurst framed the change as a recruitment and retention tool for a high-level professional, saying officials should not be able to remove legal counsel for purely political reasons.
"If you're going to attract competent, high level professionals into these jobs, they cannot be subjected to political winds," Whitehurst said during the debate.
Opponents warned the clause could shift the board's balance of accountability and asked for an outside legal opinion on whether a simple-majority board vote could lawfully terminate a contract that contains a supermajority requirement. Commissioner Krista Joseph and several public commenters pressed for a formal Attorney General opinion and for greater disclosure of legal fees and contract details before finalizing the amendment.
Rich Commando, the incumbent county attorney, responded to questions about conflicts of interest and outside billing practices. He said the firm follows Florida Bar ethics rules and that the special "$250/hour" rate for outside special counsel included in the amendment had not been used to date.
The board moved and approved the amended contract following public comment and internal discussion. Commissioners also asked staff to request an Attorney General opinion about supermajority removal language and to provide an accounting of legal costs and the special-counsel hourly fees after public requests for detail.
What comes next: the amended contract goes into effect per the terms adopted by the board; staff will request an Attorney General opinion on the removal clause and supply a record of outside legal spending to the commission.
