By Terry Witt – Spotlight Senior Reporter
Two law firms with tons of experience representing municipal clients were interviewed by Williston City Council members Thursday with an eye toward replacing current City Attorney Fred Koberlein.
Folds, Walker, & Maltby, LLC., a Gainesville firm, and Norm D. Fugate P.A, of Williston, explained their approach to representing the city and what they would charge for their services.
The council will choose its city attorney at Tuesday’s board meeting.
Senior attorney Scott Walker offered to provide basic legal services including advising the council at their two monthly board meetings for $3,750 per month or $45,000 annually, while Fugate and his son Blake Fugate, an attorney in the same firm, offered to provide the same services for $750 per month or $9,000 annually.
Norm Fugate said the $750 would cover the first hour of all board meetings and Community Redevelopment Agency meetings, which is most meetings. After the first hour, it’s $200 per hour. No time limit was set by Walker.
Council members asked the two companies to define what sets them apart. Norm and Blake Fugate said they emphasize continuing education for themselves and their staff, and they currently represent two other Levy County cities. They are local, while their competitor is from Gainesville.
“We have what I like to call a small-town law practice. We don’t do much criminal; Blake does a little of that; we don’t do divorce law. One of our major areas is municipal law. We represent the City of Chiefland, the City of Cedar Key, and until just recently the Town of Inglis.
Regarding Inglis, Fugate said, “we are on again, off again; on again and now off again. In the next election or the one after that, it may change back.”
“I was hoping Carolyn from the chamber was going to be here with her shop local sign,” Fugate said, drawing laughter from the council.
Fugate said he and his son Blake also represent Central Florida Electric Cooperative and Drummond Community Bank.
Walker said he graduated from law school in 1980 and was introduced to municipal law by senior partner, Allison Folds, who took him to a Newberry City Commission meeting right after being hired. The Newberry board, which was fiscally conservative, voted at the meeting not to fund a retirement party for a custodian, which Walker thought had been harsh. When the board adjourned they took cash out of their own pockets to pay for the custodian’s retirement party.
“They had a lovely going away party. I thought, ok, I’m in the right place. I think I’m going to like this municipal government type of work,” Walker said.
Walker said he has worked at one law firm for his entire 38-year career. The senior partner, Allison Folds, has enjoyed a 55-year career. Folds attended the meeting along with other lawyers from the firm and supporting staff.
“I’ve had one job. I started there as a law student. I had no idea I would be involved in municipal work,” he said. “I think there’s a certain amount of public service that goes with that. I enjoy that immensely. I like serving my cities. I like seeing my cities grow and do things like this – this beautiful municipal building; very good decision-making. You have the fruits of your labor in a facility like this.”
When asked what he learned about Williston, he said the city has great civility and yet is progressive and moving forward.
“You’re going to see the pressure of development. I think this goes hand in hand with Archer. Everything is headed your way and it’s not going to stop,” he said.
The council asked Blake Fugate, who would be the city attorney if the Fugate firm got the contract, to explain how the firm would advise the council if a single issue was being discussed by the board.
“I can tell you from my experience we are your legal counsel. If you look to us for other than legal counsel – we will speak up when requested to give legal advice on any number of subjects that would come up before you,” Fugate said. “We represent larger entities outside of municipalities and we deal with business law, and contracts. Usually, I try not to overstep what’s wanted of me. If I know somebody up here is looking for an answer from me, whether it’s a legal question or not, as long as it’s not a political question, I’m going to give you advice.”
Norm Fugate added, “I think you will find us as participatory with the things you are considering as you want us to be.”
Koberlein asked Norm Fugate if the firm’s representation of Drummond Community Bank represented a potential conflict when representing the city’s interests.
“The last two years you’ve done a couple of things for Drummond. Would that pose a conflict?” Koberlein said.
“It never has,” Fugate responded. “I don’t think it would and never has and when I say it never has, of course, I represented Perkins before they merged with Drummond and the City of Williston did numerous transactions with Perkins. The last two or three years I’ve done some things with Chiefland and Drummond.”
Fugate, who has served the city as both its former city attorney and city councilman, placed a humorous exclamation point on his local ties.
Mayor Jerry Robinson pointed out a small word problem with Fugate’s contract proposal to the city council.
“There’s one word that needs to be changed in the contract. You need to change commission to council,” Robinson said.
Williston is a city council, not a city commission.
No one is more aware of that fact than Fugate, but the error made it into the proposal that went to the council.
Fugate represented the city council for many years as the city attorney. He noted earlier in the presentation that he has retained years of city records from his work as city attorney. He said he and a regional planner rewrote the city’s land development and zoning code when he worked as city attorney.
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City of Wiliston Interviews for Legal Services July 1, 2021; Posted July 1, 2021
