McLean’s lawsuit claims commissioners violated Sunshine Law

Former Quincy City Manager Jack McLean has filed another lawsuit - this time against the City of Quincy, three commissioners and two citizens - in which he asks the court to void his termination, and halt the city from hiring another city manager.

McLean and Commissioner Angela Grant Sapp’s husband Emanuel Sapp are both listed as plaintiffs in documents filed in the Second Judicial Circuit Court in Gadsden County.

Mayor Ronte Harris, Commissioner Keith Dowdell, Commissioner Anessa Albritton-Canidate, Canidate’s husband Willie Canidate, and Rolanda Jackson are accused of conspiring to violate Florida’s Sunshine Law to terminate McLean.

Florida’s Sunshine Law prevents members of the same local and state governmental bodies from discussing matters that may come before their board with one another, unless advance notice is given to the public, an opportunity is provided for the public to attend, and minutes are taken of the proceedings.

According to the complaint, the following allegedly occurred (The Gadsden County Times does not attest that any event recorded below is factual or happened as recorded. These are merely the statements from the court document) :

McLean was diagnosed with a heart condition in February 2021 that required invasive cardiovascular intervention and surgery.

During McLean’s four weeks of convalescence leave, Harris and Dowdell engaged in repeated violations of the Sunshine Law.

In an effort to arrange for an interim transition, McLean delayed the start of his surgeries until March 19.

McLean returned to work part-time in April, several weeks earlier than his medical providers advised, because of “the imperative issues with the city’s pending financial audit.”

He began working full-time in June, although he said he needed more time to heal.

On a Saturday in July, Harris, Dowdell and McLean met at Cracker Barrel in Tallahassee to discuss how to smooth out some personal issues between McLean and Dowdell.

During that breakfast meeting, Harris brought up raises for the commission in the 2021-2022 fiscal year budget.

Dowdell agreed, and Harris emphasized the need for a substantial raise for the commission.

On July 22, in a telephone conversation, Dowdell told McLean’s wife, Bernice McLean, that he and Harris would fire City Manager McLean if he hired then-police chief candidate Robert Mixson instead of Dowdell’s preferred candidate, James Hughes, for the police chief position.

On July 25, Rolanda Jackson called McLean and said, “it was time for McLean to go” and that Harris, Dowdell and Albritton-Canidate wanted his contract terminated.

McLean asked Jackson how she knew the three commissioners wanted his job. Jackson responded that she ‘talks’ with them ‘every day.’

On July 31, Harris, Dowdell and McLean attended a political fundraiser for United States House Representative Val Demings’ United States senate candidacy.

After the function, Harris, Dowdell and McLean rode in McLean’s city vehicle to various locations throughout Quincy.

During the ride, McLean told Harris and Dowdell about a new housing development on Strong Road.

Archway-Partners, the development company for the Pine Lake Residence housing complex, sent a request to city staff and the city manager asking the city to sign utility availability forms.

The forms are required by funding sources for developments.

McLean told Harris and Dowdell he would sign the utility availability forms for the Pine Lake Residences.

Dowdell told McLean if he signed the forms without first going through the commission, McLean would be in trouble.

McLean understood that to mean his job was on the line if he did not do what Dowdell wanted. Harris then placed the item on the agenda.

McLean knew that placing the utility availability form on the agenda was a deviation from the code and practice, but said he did so out of concern for keeping his job.

Harris and Dowdell also discussed the $100,000 raise for commissioners during the car ride.

McLean heard the discussion and agreed to place the salary increase in his July/August proposed budget to the commission.

On August 20, McLean received a text message from Dowdell, informing him that Jimmy Hughes, Dowdell’s preferred candidate for police chief, would be in town all weekend.

McLean and Dowdell met with Hughes at Cracker Barrel in Tallahassee.

On September 1, McLean appointed a 10-person citizen selection committee for the police chief position.

One of the citizens appointed to the commission was Willie Canidate.

On September 27, the selection committee gave a list of the top four candidates to the then city manager.

They were Captain Timothy Ashley, Chief Carlos Kelley, Hughes and Mixson; Ashley was hired as chief and sworn in on November 8.

Neither Harris, Albritton-Canidate, nor Dowdell attended the swearing-in.

During the November 9 commission meeting, Harris said he did not attend because the city manager did not personally tell him about the swearing-in.

Also, during that meeting, Jackson condemned the city manager and members of the commission for not being prepared during meetings, and their continuous bickering.

In September, McLean sent a “Serious-at-Risk” letter to the commissioners against the proposed 122 percent raise and ending the Hurricane Michael surcharge, which McLean said would possibly place the city in a default for the city’s Capital City Bank loan and jeopardize the city’s ability to fund city operations.

On September 13, McLean had five separate calls from Harris and Dowdell. He did not talk with both at the same time.

He later learned that Harris and Dowdell had spoken to each other around their conversations with McLean.

During that period, McLean texted Harris, “I was on the phone with Keith.”

On September 14, McLean sent a text to Dowdell stating, “Keith Commission wants to know the topic or request being made for the city manager agenda item 12.”

Dowdell asked which commissioner wanted to know. McLean responded “Bass,” referring to Commissioner Freida Bass-Prieto.

The city attorney’s name was also placed on the agenda per Dowdell’s request. Dowdell tabled the agenda item during the September 14 meeting.

Shortly after the September 14 meeting ended, Jackson called McLean that night and inquired, “Jack are you really going there?”

McLean understood that to mean if he was going to raise the issues regarding the violations of the Sunshine Law, to which he responded that he couldn’t be held liable for the commissioners meeting outside of the Sunshine Law.

McLean says Harris, Dowdell and Albritton-Canidate conspired to violate the Sunshine Law by having Willie Canidate and Jackson act as liaisons between two or more members of the commission to hide their plan to terminate McLean’s employment.

The complaint states the accused used electronic and oral communications to facilitate McLean’s termination outside, and that they authorized Jackson to negotiate Jackson’s terms of a separation agreement.

McLean also accuses the three commissioners of using unlawful means to plan and schedule special commission meetings, then making a motion for the termination of McLean’s employment at the special meeting and voting in favor of terminating McLean’s contract.

McLean also alleges that Harris, Dowdell and Albritton-Canidate ignored formal public requests for information by destroying public records and/or not making records available to conceal the conspiracy in the planning, scheduling and hosting of meetings on September 14, September 28, November 9 and November 16.

Verizon phone records show 345 calls between Harris, Dowdell, and Albritton-Canidate.

The commission fired McLean on November 16 with a 3-2 vote.

On December 14, the commission voted 3-2 to hire Dr. Beverly Nash, the city’s former grants coordinator, as the interim city manager to replace McLean.

In a previous meeting Harris stated one reason he was displeased with McLean is because McLean hired former-Gadsden County Administrator Dee Jackson to replace Nash on September 29 - three days before Nash was terminated on October 1.

McLean initially asked the judge to issue a preliminary injunction to void his termination without a hearing being held, or to hold an emergency hearing.

Judge David Frank determined that the matter is not an emergency, since McLean only had three days left on the job when the lawsuit was filed.

McLean’s attorney, Larry K. White filed a motion on December 20 asking for reconsideration and clarifying that he wanted the judge to issue an injunction to stop the city from hiring a permanent city manager.

On Monday December 27, Frank denied McLean’s request for reconsideration, but he did issue an order prohibiting the commission from hiring a permanent city manager until an evidentiary hearing is held, and a decision is made on the case.

Frank’s order states the evidentiary hearing will occur no later than 30 days from the date he issued the order.

McLean is requesting that the city pay any reasonable attorney fees he accumulates while the case is ongoing.

McLean also sued the city in November, stating that Harris, Dowdell and Albritton-Canidate violated his rights as city manager when they voted to restrict him from hiring or issuing raises without the commission’s permission.

The commission unanimously voted to rescind that decision, thus settling that case.

However, it did cost the city $26,000 in court costs and attorneys’ fees.

The city’s insurance through the Florida League of Cities did not cover the costs of McLean’s lawsuit filed in November.

In November, litigation specialist for Florida Municipal Insurance Trust emailed the city’s human resources director Anne Sherman, informing her that the city’s claim for attorney fee reimbursement was denied.

The email says because McLean sued in his official capacity as the city manager, McLean does not qualify as a “third party” under the policy. Because McLean is not a third party, the policy would not afford coverage for defense and/or indemnity for this claim under the coverage agreement.

The Trust will reimburse the city for the legal fees it paid an attorney, up to a maximum of $100,000 per covered action, subject to a limit of$100,000 total per trust coverage year.

Even if this most recent lawsuit meets the coverage requirements, Attorney Gary Roberts advised the commissioners during a commission meeting on December 17 that it could cost the city hundreds of thousands of dollars to fight the case in court, if McLean wins.

Roberts noted that McLean is asking for a declaratory judgment, not a monetary amount.

The Gadsden County News Corp. reached out to each plaintiff and defendant on Tuesday.

Jackson said she did not want to comment because there is still an ongoing litigation. Likewise, Emanuel Sapp, said he couldn’t say much because of the open case; he did say he joined the lawsuit on behalf of the public interest.

“I love this community and there is no way I’m going to allow three people to control this city and cost the unnecessary funds,” Sapp said.

Harris said he thinks McLean’s latest move is “just overkill and farfetched.”

“Jack just needs to let go, move forward and stop holding the city hostage,” Harris said. “Residents have complained to their commissioners and the commissioners have complained to Jack.”

Harris said all of McLean’s allegations are hearsay and speculation.

“I think the judge will see that Jack McLean is a serial litigator,” Harris added. I don’t believe the courts would make the city hire a city manager that three commissioners have issues with - four if you count Bass-Prieto.”

Dowdell, Albritton-Canidate, and Willie Canidate could not be reached for comments.

Erin Hill - erin@gadsdencountytimes.com

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