Avon Park Fires City Attorney

Here's the lastest from the Avon Park, FL article we published a few days ago. It's getting dicey! We'll follow to see if the city "caves" from the prospect of having a Super WalMart built within the city limits next year, or whether it stands up for its principles. Interesting ...

From The Lakeland, FL Ledger
Published Tuesday, July 18, 2006
By Kevin Bouffard

AVON PARK -- The City Council has fired City Attorney Mike Disler after he publicly criticized Avon Park's controversial illegal immigration ordinance as "poorly drafted" and unconstitutional.
"They have every right to do what they did," Disler told The Ledger on Monday in response to the council's action during a Saturday budget meeting, which the lawyer did not attend.
The Ledger reported Disler's remarks Thursday regarding how the ordinance might affect Wal-Mart's plans to build a supercenter in the city later this year. It was the first time Disler had spoken publicly on the ordinance.
When asked Monday if he regretted those remarks, Disler said, "No, I don't."
According to local media reports, the five council members did not discuss the reasons behind their unanimous vote to give Disler a 30-day notice of his dismissal. But Councilman Doug Eason, who made the motion, said it stemmed from a recent embarrassing incident.
Disler said "it would appear" his firing was related to criticisms of the ordinance, which he had no part if drafting.
As currently written, the ordinance could prevent the city from giving Wal-Mart Stores Inc. a business license for a supercenter it plans to open in Avon Park about a year from now.
It states, "any for-profit entity, including acts permitted by its parent company or subsidiaries, that aids and abets illegal aliens or illegal immigration shall be denied approval of a business permit . . . for a period no less than five years from its last offense.
"Aiding and abetting shall include, but not be limited to, the hiring or attempted hiring of illegal aliens . . . Any act that aids and abets illegal aliens within the United States, not just within the city limits, will constitute a violation . . .
"Wal-Mart last year paid a record $11 million fine to settle federal charges that it hired illegal immigrants in more than 20 states through contractors for janitorial services.
The council passed the ordinance 3-2 on first reading at its June 26 meeting. A final vote is scheduled for Monday.
The controversial measure also establishes English as the exclusive language of city business, prohibits illegal immigrants from leasing or renting property and calls for "punishing the acts, policies, people and businesses that aid and abet illegal aliens.
"Disler did not comment on the ordinance during the June 26 meeting because no council member asked his opinion, he said.
The original draft prepared by Mayor Tom Macklin was faxed to his office Friday afternoon, June 23, after he left for the day, Disler said. He did not see it until Monday morning, the day of the council meeting.
Macklin said he would consider amending the ordinance to specify the five-year period would not begin until enactment of the law.If so, he will do it without Disler's assistance. Although the council gave the lawyer a 30-day notice, it also instructed he not attend any council meetings during that time, City Manager C.B. Shirey said.
Macklin and Eason did not return calls from The Ledger on Monday.Councilman George Hall, who voted against the illegal immigration ordinance but agreed to fire Disler, said Monday the two votes were not related.
"I simply think we need more representation on a wide variety of issues beyond a general attorney (Disler)," Hall said.
Shirey said he would recommend the council hire Gerald Buhr, a lawyer in Lutz who holds certification in municipal government law. Buhr serves as a consultant for the Avon Park utility department and works as city attorney for Mulberry, Bowling Green and Zolfo Springs.
In a related matter, Bishop John J. Nevins of Florida's Roman Catholic Diocese of Venice came out against the illegal immigration ordinance in a letter to Macklin dated July 7.
"The attempt to criminalize the immigrants, and those responsible for meeting their health and safety needs, is totally incomprehensible. Regardless of their status, the immigrants work hard and make every effort to feed, clothe and shelter their families," Nevins said. "As a pastor and the bishop, I feel obliged to plead for them."