Vote was 3-1 in favor of Mayor Espinosa's motion
The Kissimmee City Commission voted 3-1 to pass Mayor Jackie Espinosa's motion to terminate City Attorney Olga Sanchez de Fuentes at Tuesday night's meeting.
Commissioner Noel Ortiz seconded the motion, Carlos Alvarez voted in favor and Vice Mayor Angela Eady voted against. Commission Janette Martinez was absent. The city attorney and city manager are the only two positions commissioners have "hire and fire" power in the entire city employee hierarchy.
Espinosa cited a number of concerns, that culminated with a direct request for Sanchez de Fuentes to resign within the past two weeks. The attorney, who immediately left the meeting following the vote without commenting to the media or anyone, replied to the request as "received" in a return email. Espinosa maintained the attorney did not have a meeting with her to discuss the mayor's concerns and request to resign.
"When we elected to be very diligent and cautious with the people's money. We were also elected to create policy," Espinosa said at the meeting. "Ever since I got elected (about 14 months ago) I've had ongoing concerns regarding the capability, judgement, responsiveness and the overall work of our city attorney."
Espinosa cited, over 10 years of city budgets, that the attorney's office listed a $14.5 million budget, but spent $8.3 million, creating a $6.2 million surplus. Espinosa called that "Overcharging the taxpayers."
Sanchez de Fuentes maintained the money was still in the city's general fund, and said that since she started work during those 10 years (her LinkedIn profile shows she became the City Attorney in October 2019 and became Deputy City Attorney in 2014) she couldn't be held responsible for anything before that.
"I have done nothing wrong," Sanchez de Fuentes said. "I am not a number cruncher, but I know I have not spent $6.2 million."
During the meeting, Espinosa also spoke of $2.9 million spent on outside counsel — over 10 years — delays in a police labor agreement that delayed employee salary increases prior to the holidays, and delays in legal opinions on commissioner's ordinance proposals.
"I could go on and on. I did not come to this lightly," Espinosa said. "When things are not done correctly and communication is a problem, the community suffers. "I'm not up for re-election. This is not personal. This is business, the city's business. And I am concerned when I do an audit and I see $6.2 million that the taxpayer is being charged. We are DOGE-ing ourselves.
"There's no trust here. How can you work with your staff when you don't trust them? The staff of that department get affected. I would have preferred the attorney resigned."
Sanchez de Fuentes, who has been a Florida Bar-certified lawyer since 1999, told the mayor she could not resign, as a contract stipulation would cause her to forfeit severance.
"We have discussed that, and you told me to get a lawyer so we can negotiate a settlement, which I did," she said. "That is why I have not discussed it."
City Manager Mike Steigerwald said the standard for a city contract under these circumstances is 20 weeks of pay and six months of insurance coverage.
Espinosa maintained the city made an offer that was "larger than the amount you're entitled to." Sanchez de Fuentes responded that she'd be "entitled to more" if she sued the city under whistleblower and retaliation laws. She noted settlement negotiations with the city were confidential the when Eady asked the figure of the city's separation offer, or if it was declined.
Eady said she voted against the motion because she would have rather Sanchez resign than be terminated.
"I was told there was a settlement offer made to the attorney, but I didn't see it," Eady said. "I didn't have all the facts of the matter in order to make such a vote."
City officials Tuesday did not clarify how the city moves forward, such as who will represent the City Attorney's office at the next Commission meeting on Feb. 17. Kalanit Oded is listed as the Deputy City Attorney, and Curtis Mcgehee is the Assistant City Attorney.
