Holmes Beach mayor appoints successor for city attorney

Holmes Beach city attorney Patricia Petruff will pass the baton Dec. 31.

City commissioners unanimously voted Nov. 9 to approve Mayor Judy Titsworth’s appointment of Erica Augello from the Clearwater-based Trask Daigneault law firm as Petruff’s successor, effective Jan. 1, 2022.

Petruff, who has represented the city for three decades, announced her plan in September to step down to an “of counsel” position in January, leaving her unavailable to serve the city.

The Holmes Beach city attorney advises on legal matters, including creating code and developing procedures, and also handles some civil cases.

In the case of a vacancy for the position, the charter allows the mayor to select and appoint the city attorney with commission approval.

Titsworth proposed appointing Augello — who currently serves as the city’s code compliance attorney — to the position in October but her choice was met with criticism.

Commissioners Jayne Christenson, Jim Kihm and Kim Rash instead advocated to issue a request for proposals to seek additional candidates, but a motion to do so failed when Rash unexpectedly voted against it, resulting in a 2-3 vote.

In lieu of an RFP, commissioners agreed to table the item and schedule individual meetings to get to know Augello.

Christenson said she had met with Augello and was impressed with her qualifications but reiterated that she would have preferred to issue an RFP for the position.

“My main concern is not who was chosen but how it was done,” Christenson said. “I would have liked to see an RFP.”

Kihm, who ended his service to the city Nov. 15, agreed, saying he would like to see the city issue RFPs in similar situations moving forward.

However, he said his qualms with Titsworth’s appointment had been addressed by his meeting with Augello and he supported the motion to approve.

Commissioner Terry Schaefer said that while he understood concerns about a lack of vetting for the position, he believed Augello had proven herself by representing the city in special magistrate hearings and Bert Harris lawsuits for five years.

“I think performance is what counts,” Schaefer said, adding that Augello had “performed admirably” over that time.

Commissioner Carol Soustek moved to approve Augello’s appointment.

Schaefer seconded the motion.

The agreement includes $200 per hour for attorney service and $80 per hour for paralegal services.

Petruff has billed the city $150 per hour for services since 2018.

“I appreciate the support of the board of commissioners and the opportunity to serve the city of Holmes Beach as their next city attorney,” Augello wrote in a Nov. 12 email to The Islander. “I am grateful to attorney Patricia Petruff for her service to the city and endeavor to continue in her footsteps to provide the city with diligent and dedicated legal representation.”