Update: Judge considers whether Pahokee commissioners acted legally in naming new city attorney

Editor's note: The Palm Beach Post published this story on Sept. 13, 2021. A more complete reading of documents filed in the Pahokee city attorney case led The Post to publish a separate update to this story on Sept. 20, 2021, that places the judge's words in fuller context, especially in regards to Florida's public meeting laws. To read that story, click here:

More:Pahokee politics judge: No ruling yet if City Commission broke Florida 'Sunshine' Law this summer

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PAHOKEE — Three commissioners acted legally when they voted to rehire Pahokee's former city attorney in July, a Palm Beach County circuit judge ruled Thursday. 

After weeks of political disarray in the Glades city, and an evidentiary hearing Sept. 2, Circuit Judge G. Joseph Curley found that meetings a group of residents had challenged in court were lawful.

At the core of those meetings was an effort by Vice Mayor Regina Bohlen and city commissioners Sara Perez and Juan Gonzalez to rehire Gary Brandenberg as city attorney, about two years after the commission dismissed him from the post.

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In a July 19 meeting, the three commissioners voted to fire city attorney Burnadette Norris-Weeks, who had replaced Brandenburg in April 2019.

Mayor Keith Babb and Commissioner Clara Murvin were not in favor. Norris-Weeks remains under contract to the city through Oct. 17.

On Friday, Norris-Weeks filed an appeal for the reconsideration of Curley's order. A hearing is set for 11 a.m. Tuesday.

Residents argued that three commissioners violated city code

The three commissioners moved to rehire Brandenburg at a meeting on July 23, and again on July 27.

City residents, three of whom are plaintiffs in the case, argued that the July 19 meeting was illegal because Perez was involved in a lawsuit against the city involving Norris-Weeks and should have recused herself, a move that would have denied her side a prevailing vote.

They also claimed the July 23 meeting was unlawful because it was held without proper notice, a clerk present or a recording of the meeting.

Patricia S. Wallace, one of the plaintiffs, said that she does not understand how Curley came to his final decision . 

"I'm not saying that (the commissioners)  don't have the right to choose who they want," Wallace said. "I'm saying just because you have the majority does not give you the authority to be lawbreakers. Not on our watch." 

Curley's ruling, however, said it was not "subject to dispute" that the commission voted July 19 to fire Norris-Weeks and that motions to hire Brandenburg passed by 3-0 votes July 23 and 27.

Brandenburg, he said, was chosen by the majority of the commission and can serve as city attorney until majority rules otherwise.

Judge says votes to override state of emergency also legal

Curley also said Bohlen, Perez and Gonzalez acted legally when they voted to override states of emergency that Babb had declared Aug. 9 and 17 to keep the city in order. The move came as the three commissioners discussed dismissing other city officials.

The city's Code of Ordinance states that a mayor has the power to declare a state of emergency, but Curley found that the commissioners have the power to override that declaration by majority vote, which commissioners did during meetings on Aug. 11 and Aug. 18.

The commissioners fired former acting City Manager Rodney Lucas at the Aug. 11 meeting, held in a parking lot outside a locked City Hall.

Wallace said Pahokee residents deserve better.

"Our fight is not personal," she said, "It's not racial. Our fight is for justice and equality for the citizens of the City of Pahokee."

rharper@pbpost.com

@rachida_harper