Wednesday, July 31, 2019

Court Finds That Doug Hornsby Was Removed Illegally

As any competent municipal attorney could have seen, the courts have ruled that the removal of Doug Hornsby from the commission on January 29, 2018, was illegal. 

Following the advice of then Village Attorney, Norman C. Powell, the commission violated Sunshine, disregarded the actual legal process of forfeiture of an office and that Norman C. Powell's "theory" that Hornsby's appointment was not valid ab initio and therefore did not have to follow due process was wrong.   
Doug Hornsby served as Commissioner At Large, appointed by the commission to fill the seat in 2017 and was embroiled in a controversy over extortion attempts on him made by political opponents.   This set off a chain of events that led to 
  • The firing of the Village Attorney Robert Switkes to be replaced by a strip club lobbyist with no experience as a municipal attorney but whose singular devotion to the Mayor was beyond question.  
  • The resignation of the Village Manager, Deputy Manager and Executive Administrator the same night they became aware that they were to be terminated in a "special" commission meeting.  
  • The firing of Police Chief Carlos Noriega and two detectives investigating the extortion matter.  
  • The hiring and then forced resignation of Village Manager Martell.  
  • The hiring through a third party of Chief Police Lewis Velken who was then put in as Village Manager.  The use of a third party was presumed to be a way around Florida Retirement Systems rules and has resulted in an attempt to revoke Velken's pension for misrepresentation.  (Case is under appeal.)   
  • The appointment of Laura Cattabriga to a seat not legally vacant.  
This is the mess the Three Useful Commissioners walked into and have to deal with.  

So far, the police chief was reinstated, the two detectives rehired and now this.  

The court did not recommend a specific remedy, such as reinstating Hornsby, but the finding provides a strong basis for Hornsby to reclaim the substantial legal fees he incurred, sue for damages to his business and reputation and other avenues.   

The Two Useless Commissioners, Andreana Jackson and Mary Kramer's Husband, are still on the dais but will need to recuse themselves from any involvement in settlements or restructuring going forward.  They should just resign.  They barely show up anyway.  It would be best for all if they left. 

Andreana Jackson
Jose Alvarez

From the previous administration, we are blessed that Connie Leon-Kreps is reportedly no longer dwelling in North Bay Village and I sincerely wish us the best in her decision to move. 

But that still leaves the festering issue of the many bad decisions taken on the legal advice of Norman C. Powell.  Powell is still lurking around municipal governments looking for work.  Just yesterday, my blogging colleague Stephanie Kienzle published a piece on Powell and El Portal entitled El Portal: The shady alliance of Claudia Cubillos and Norman Powell 

Powell left here in a nasty meeting earlier this year at which he negotiated his own settlement, something the Commission on Ethics recommends against and the courts have found illegal, but just going away has not resolved the costs to the Village from his inexperienced legal advice.   

There will most likely be further repercussions from the shambolic mismanagement and it might be North Bay Village that has to take care of this.  

Kevin Vericker
July 31, 2019





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