Judge dismisses citizens from Quincy Sunshine violation lawsuit

Former-Quincy City Manager Jack McLean and Emanuel Sapp, Commissioner Angela Grant Sapp’s husband, took a major blow in court last week, when Judge David Frank dropped two of the five defendants from McLean and Sapp’s lawsuit.

On December 14, McLean and Sapp filed a lawsuit in the Second Judicial Circuit Court in Gadsden County, accusing Mayor Ronte Harris, Commissioner Keith Dowdell, Commissioner Anessa Albritton-Canidate, Canidate’s husband Willie Canidate, and Quincy business owner Rolanda Jackson of conspiring to violate Florida’s Sunshine Law in a plot to terminate McLean.

“The judge dismissed both of the citizens, Jackson said. “He said it infringes on our first amendment right.”

Jackson pointed out that McLean is suing to get his job back.

“Me and Mr. Canidate can’t give him his job back,” Jackson said.

Like Dowdell and Harris have previously said, Jackson said she too used to be friends with McLean.

In response, McLean said he found her saying they “used to be friends” interesting, but that is all he would say about that comment.

“I really don’t know what happened, but I wish him well,” Jackson said.

Jackson said Judge Frank said in court that a citizen has a right to hold public officials accountable.

“As a citizen, I can call every commissioner and ask them to fire or hire Jack McLean, but I had nothing to do with the decision the commission made,” Jackson said.

Albritton-Canidate also said the allegations McLean made against her and her husband are false.

“My husband had nothing to do with it,” Abritton-Canidate added.

The commissioner said she thinks McLean included her and her husband in the lawsuit because she voted to terminate him.

“I just vote my conscience,” Albritton-Canidate said. “I try to look at the end game, and vote for what’s best for the citizens.

Albritton-Canidate said she voted to terminate McLean because of his performance at work.

“My reason for voting to end the contract was because he was not producing,” Albritton-Canidate said.

She mentioned there were a number of times when she would request information from the city manager that she didn’t receive, or, she said, if she did receive it at all, it wasn’t in a timely manner.

McLean said he did not know what information Albritton-Canidate was referring to.

“If that was important to her, she should have said that to me, but she never said that,” McLean said. “It would have been nice to sit down and have that dialogue and to be put on notice before it was brought up in a public meeting.”

McLean submitted 252 pages of evidence, which included pictures, emails and text messages.

Those messages and emails show that Harris and Dowdell had been informing McLean of their dissatisfaction with McLean’s job performance for months.

A public records request revealed that Harris sent McLean an email, last year, stating there was “great strain” on their “commissioner-manager relationship.”

The subject of that email is titled “Priorities: ‘Improving this city’s presentation to the residents’” and in it Harris lists changes he would like to see, such as getting a new, modern, user-friendly city website, improving customer service and employee professionalism, and rebranding.

The commission voted 3-2 to end McLean’s contract as city manager, with 30 days’ notice.

Harris, Albritton-Canidate and Dowdell voted to fire Mclean, while Commissioners Sapp and Bass-Prieto voted against it.

Sapp and McLean filed their joint lawsuit three days before McLean’s last day as city manager.

In a special meeting on December 30, Harris, Albritton-Canidate and Dowdell – the three commissioners named in the lawsuit – voted to use city funds to hire attorneys to represent them in the case, against the city attorney Gary Robert’s advice.

The vote was 3-2, with Sapp and Bass-Prieto providing the two dissenting votes.

Albritton-Canidate is being represented by Allen, Norton and Blue, while Harris is represented by Luke Newman.

Dowdell is being represented by the Law Offices of Craig J. Brown.

Both Willie Canidate and Jackson, are being represented by attorney Louis Baptiste, filed motions to dismiss on January 4.

McLean and Sapp’s complaint states Willie Canidate and Jackson acted as intermediaries, liaisons, or conduits between two or more members of the Quincy City Commission to facilitate the termination of McLean’s employment out of the public eye.

Willie Canidate’s and Jackson’s motions to dismiss say the plaintiff’s – Emanuel Sapp and McLean – failed to comply with Florida Rule of Civil Procedure 1.110, which requires the complaint contain “a short and plain statement of the ultimate facts showing the pleader is entitled to relief.”

On January 10, Judge David Frank ordered that Canidate and Jackson be released from the lawsuit.

They were both dismissed from the case with prejudice, which means Sapp and McLean cannot file the same claims against them in court.

McLean said his attorney will be filing a motion for reconsideration.

Canidate and Jackson also requested that their attorney fees be paid.

Jackson said a decision has not been made on that yet.

Dowdell and Harris’ attorneys have also filed motions to dismiss.

Their motions to dismiss also cite Rule 1.110.

In Harris’ document, it is argued that Sapp and McLean failed to specify any meetings, communications or exchanges in which Harris allegedly coordinated McLean’s termination.

The motion also states McLean presented “no operative facts indicating that his termination was undertaken outside of the Sunshine Law.”

Harris also requested that the court strike portions of the plaintiffs’ complaint that does not relate to McLean’s termination.

The motion notes that Sapps’ and McLean’s complaint recounts how McLean was actively involved in coordinating and participating in extensive discussion that according to McLean’s and Sapp’s argument, “could ostensibly stand outside of the Sunshine Law.”

In his complaint, McLean admitted to initiating and engaging in discussions about commissioners’ raises, and other city matters with Harris and Dowdell outside of the Sunshine Law.

Harris believes since the plaintiffs’ requested relief in the form of declarations related to McLean’s termination, the alleged discussions about commissioners raises and utility form availability “were included with no legal purpose related to the relief sought.”

Dowdell’s motion to dismiss echoes Harris’.

It says Sapp’s and McLean’s complaint groups all of the defendants and allegations together throughout the complaint.

“Due to the manner in which this complaint is plead it prevents Mr. Dowdell from being able to respond to the allegations…” the document reads.

The motion also states, “Plaintiffs’ complaint reads more as a disgruntled ex-employee more than an actual violation of the Sunshine Law.”

A hearing is set for February 17 at 10 a.m., where a judge will decide if the case will be dismissed.

Erin Hill - erin@gadsdencountytimes.com

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Judge dismisses citizens from Quincy Sunshine violation lawsuit

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Carter Parramore Academy hosts mentoring program

Gretna seeks funding for school repurposing

Gretna seeks funding for school repurposing

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Ride ‘Em Cowboy – American Western culture comes to Quincy Rodeo

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