By Anita Todd
HAINES CITY – The Aug. 7 City Commission meeting took an unexpected turn when City Attorney Fred Reilly distributed a memorandum addressing his role and concerns about the Commission’s conduct.
In the letter, Reilly referenced Section 3.01 of the City Charter, describing it as the “commission-manager plan.” Under this structure, five commissioners—elected citizens—set policy, and the city manager is responsible for implementing those policies.
Reilly emphasized several points he has repeatedly shared with commissioners:
● Stay in your own lane.
● Act in compliance with the legal and ethical requirements of the City Charter.
● Contact me directly with any questions about my role as City Attorney.
● Govern yourselves rather than forcing me into the role of referee.
● Understand my ethical obligations to the organization as the client (Rule 4-1.13, Florida Bar Rules of Professional Conduct).
During the meeting, Reilly told the Commissioners, “I am willing to tell you things like the answer no … you shouldn’t do that and here’s why. Ethically, I am responsible for telling you at risk of losing my job. And, if I lose my job I’m okay with that because I’ve fulfilled my ethical obligations. I am not going to compromise my ethical obligation in order to keep my job.”
In the memorandum, Reilly wrote, “There have been instances where I have been told that my legal counsel is not necessary or individual City Commissioners have indicated that they were unwilling to meet with me (at my request) to discuss a legal issue.”
Reilly made his position clear during a telephone interview: “They have to correct the course or I will give notice and resign.”
After Reilly distributed the memo and discussed it, Mayor Morris West spoke from the dais about the importance of Counsel. “Basically, counsel is there to keep us out of trouble. That’s his job. If he sees us going a little to the left or a little to the right, he’s supposed to keep the train on the track. Sometimes it appears we get mad at our counsel for doing his job. That’s what he is here for,” West said.
In a telephone interview after the meeting, Commissioner Omar Arroyo expressed support for Reilly and his concerns. “I fully support the points our City Attorney, Fred Reilly, made in his memorandum. His role is to keep our City within the law and protect our taxpayers from unnecessary risks, and I believe it’s important we listen to that advice,” Arroyo said.
Arroyo added that he hopes tensions can be resolved. “I always try to follow his guidance, and while there may be times I have to be reminded or adjust my approach, I respect his expertise. My hope is that we can all take his concerns seriously, work together, and keep our focus on moving the City forward in the best interests of our residents,” Arroyo continued.
Reilly echoed that sentiment, stating, “I hope that we can correct the course … and move forward for the citizens of Haines City.”
