Commission reopens question of independent legal counsel; city attorney says office represents the city

Several commissioners raised a recurring proposal to have an independent legal counsel available to the commission for legislative advice separate from the city attorney's office.

Commission President Peduzzi and Commissioner Warren said they wanted to explore whether the commission could fund and retain a legal adviser who would provide an additional, independent legal opinion on some matters. Commissioner Warren framed the request as seeking separation between executive and legislative advice rather than a critique of current staff competence.

City Attorney Kimberly Rothenberg responded that the charter creates the office of the city attorney as the legal counsel for the city and the commission. She said the code requires that resolutions and ordinances be reviewed by the city attorney or the attorney’s office and that any lawyers hired by the city still report to the city attorney. "The office of the city attorney is the attorney for the city," she said.

Rothenberg added that commissioners are free to obtain legal opinions, and that the commission could choose whether to follow outside advice, but that the city attorney’s opinion is the official legal advice for city operations. She said the office can hire additional counsel when needed and offered to research whether any other Florida municipalities structurally separate commission-specific counsel from the city attorney.

Commissioners asked for follow-up on charter constraints, potential funding mechanisms (a commission budget line for consultant legal fees), and precedent. The session did not adopt a policy change; members agreed to schedule further discussion pending legal review of charter and code.