City, recall group leader could face lawsuit depending on commission’s activities
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Cynthia Burton.
A Crescent City elected official’s lawyer is threatening legal action if the City Commission doesn’t pay her mounting legal fees.
The City Commission will meet at 6:30 p.m. Monday at City Hall, 3 N. Summit St., and address, among other things, whether to pay Commissioner Cynthia Burton’s legal fees that stem from an ongoing attempt to recall her.
Ever since attempts from the group Recall Crescent City Florida to oust Burton from office began in 2022, her legal bills have risen to $19,043.15, according to Douglas and Douglas lawyer Meagan Logan.
Logan wrote a letter – it has been included in the agenda packet for the upcoming meeting – to let the city’s attorneys know legal action will be taken if commissioners fail to reimburse Burton.
“This correspondence also seeks to advise that anything other than a vote in favor of reimbursing Commissioner Burton for these legal fees and expenses at the upcoming meeting will result in immediate legal action against the city to recover these expenses,” Logan wrote in a letter to the city’s legal counsel.
Logan has represented Burton since the recall committee began its attempts to remove her. She also represented former City Commissioner Judith West, whom the group unsuccessfully attempted to remove from office in 2021.
Logan also represents Mayor Michele Myers, whom the group is attempting to recall.
The recall committee, led by Chairman Craig Oates, is on its second attempt to recall Burton. The first attempt failed after the 5th District Court of Appeal ruled in Burton’s favor. Oates is trying to appeal that decision in the Florida Supreme Court.
In February, when the first recall attempt began, city staff requested permission to reimburse Burton’s legal fees, which at the time were expected to come in at $3,000, according to city records. City officials in June recommended the city reimburse Burton when her fees reached $18,458, but some commissioners wanted to wait until that recall process had finished, the Palatka Daily News reported.
Attorneys from Holmes & Young, the city’s legal firm, explained to commissioners the fees are the city’s responsibility because Burton is having to pay the money out of her own pocket.
Despite the explanation and a written explanation attorneys sent to Commissioner Lisa Devitto at her request, the commission deadlocked during two votes during a meeting in July, during which time the legal fees had increased to about $19,000.
City staff, again, recommends the commission pay Burton’s legal fees.
However, Logan said if these funds are reimbursed, she and Burton “fully intend” to sue Oates for the amount of Burton’s legal fees. If Logan and Burton are successful in the lawsuit against Oates, Logan said, they would reimburse the city.
“I look forward to hearing that the commission has authorized reimbursement of Commissioner Burton’s attorney’s fees and expenses,” Logan wrote in the letter, “so that we may avoid litigation.”