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City of Tampa takes on legal fees for Orlando Gudes lawsuit; state law at the center of the decision

Orlando
Orlando Gudes
Posted at 5:57 PM, Mar 29, 2024
and last updated 2024-03-29 18:14:31-04

TAMPA, Fla. (WFTS) — Should public funds from the city pay for legal fees of our elected officials and other city workers? Most of the people around Tampa say no.

"Why do taxpayers always have to come back and pay for what others have done? That's not fair. They always want to put it on to us whatever mistakes are made, and most mistakes are not corrected," said Tonya Lavender.

"We're dealing with the highways to get reconstructed. Our school systems; like we need a lot more books, and just really help for our teachers as well. So to see our money being allocated to other things or not in that department is a little bit disheartening," Dominick Rey.

While it's clearly not a popular idea for the people of Tampa, it is reality.

On March 28th, Tampa City Council approved a motion to pay the legal fees for a recent compliant lodged against now former Tampa City Councilmember Orlando Gudes. That amounts to $45,877.

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The decision isn't rooted in opinion of the matter, rather rooted in what state and local laws say.
"It's not our position today to judge whether certain things were said or not said. All we're doing is deciding whether he was acting in his position as a city council member. The judges already ruled that, so following the judge's ruling, I think we're obligated to pay," said Council-member Bill Carlson.

The conversation surrounds a Florida law. It says a public official or employee can be reimbursed for legal fees defending themselves in private litigation at the public's expense. That's if allegations happened while serving a public purpose. Another state statute adds reimbursement is possible if the public official prevails.

"I spent nearly 32 years as an air traffic controller working for the federal aviation administration,​which is the federal government. If I didn't have the full faith and protection of the US government standing behind me, every time I opened my mouth to give controlled instructions, I'd be paralyzed in fear to do my job," said Council-member Alan Clendenin. "And I think it's really in the best interest of the citizens of Tampa that the City of Tampa stand behind US officials."

Here's the backstory. In 2022, a former aide filed a complaint against then council member Orlando Gudes. The complaint alleged a hostile work environment and sexual remarks, but it was later dismissed. The city paid out $200,000 in a settlement.

The former aide's attorney sent a letter saying they strongly object to reimbursement. Even still, council-members stuck to the legal binding, ultimately voting yes.