Deltona city attorney suspended for two weeks — without pay

BEACON PHOTO/AL EVERSON
George Trovato — By a 4-2 vote at its July 6 meeting, the Deltona City Commission suspended City Attorney George Trovato for at least two weeks

By Al Everson
BEACON STAFF WRITER

posted Jul 9, 2009 - 4:07:46pm

* * * UPDATE

Three days after the Deltona City Commission suspended City Attorney George Trovato for two weeks with pay, a majority of the commission July 9 suspended him without pay and made arrangements for interim legal services.

Only four of the seven City Commission members attended a special meeting called to ratify a short-term contract for legal services while Trovato was on suspension.

However, that foursome — Vice Mayor Michael Carmolingo and Commissioners Zenaida Denizac, Michele McFall-Conte and Herb Zischkau — was a quorum. The vote to name Charles Cino as acting city attorney was 4-0, as was the decision to cut off Trovato's salary for the remainder of his suspension.

Cino has served as Deltona's special magistrate for code enforcement, after the city abolished its Code Enforcement Board in 2005.

While he is the acting city attorney, Cino will be paid $165 per hour.

Deltona has an assistant city attorney, Randall Hanson, who will remain in that position.

Trovato's supporters, Mayor Dennis Mulder and Commissioners Janet Deyette and Paul Treusch, did not attend the meeting. Vice Mayor Michael Carmolingo, who voted last year to hire Trovato as city attorney, presided over the special meeting.

Carmolingo, who had voted July 6 to suspend Trovato with pay, joined with his three colleagues in ratcheting up the suspension. Carmolingo also had chaired the July 6 meeting, as the mayor was absent then, too.

Nor did Trovato attend the special meeting. When it voted July 6 to furlough him, the City Commission also barred Trovato from City Hall and from accessing the city's e-mail system.

The commission will decide July 20 whether to fire Trovato or end his suspension. If Trovato resigns, he could collect severance pay equal to six months of his salary, which amounts to $123,760 per year.

Trovato has come under fire for his involvement in a private law firm that renders pro bono legal services to economically distressed residents, and for allegedly giving faulty legal advice to the City Commission.

The City Commission voted 4-3 last year to appoint Trovato as city attorney, several weeks after the governing body fired Roland Blossom from that position.

* * *

Originally posted:

By a 4-2 vote at its July 6 meeting, the Deltona City Commission suspended City Attorney George Trovato for at least two weeks.

The decision capped weeks of comments on Trovato’s professional performance and his role in the government of the largest city in Volusia County.

A discussion on an evaluation process for the lawyer culminated in the disciplinary action.

Trovato’s most outspoken critic on the City Commission, Herb Zischkau, said he will press to oust Trovato.

“My intention is to use the next two weeks as a time to prepare for his termination,” Zischkau told The Beacon.

Zischkau attempted to fire Trovato in mid-March, saying Trovato had given “faulty legal advice” to Mayor Dennis Mulder and the commission, in support of proposed lawsuits against private citizens for defamation in their criticism of policy decisions. Zischkau also charged Trovato was not qualified to handle eminent-domain matters.

Zischkau failed to get support for the ouster then.

At the City Commission’s June 15 regular meeting, commissioners questioned Trovato’s role in a private law firm, while working as Deltona’s city attorney.

Mulder, who has been a steadfast ally of Trovato, was out of town July 6, his Administrative Assistant Wendi Jackson said. He could not be reached for comment.

“I didn’t know he was going to be missing until I came up to the dais,” said Zischkau, referring to Mulder.

City Commissioner Janet Deyette asked to postpone the discussion “until the full commission is present.”

That motion lost, 4-2.

Zischkau moved to suspend Trovato “for not acting ethically in his duties as city attorney.”

Zischkau was especially critical of Trovato for “his outright refusal to give me copies of the legal opinions he has authored.”

Commissioner Michele McFall-Conte said she had given Trovato “the worst evaluation I have ever written for a charter officer.”

“I feel Mr. Trovato should come to the commission meetings better prepared,” she said.

“I at this time have very little confidence in our city attorney,” Commissioner Zenaida Denizac said.

Denizac had been critical of Trovato’s work with the Principle Legal Offices P.A., a law firm he had established in 2006.

Trovato said he formed the company to provide legal aid at no cost to people in financial hardship, including foreclosures.

“It’s not a nonprofit, but I actually don’t make a profit,” he said in an interview with The Beacon. “This was intended to help people who can’t afford an attorney.”

Trovato sat mostly silent during the City Commission’s discussion.

Deyette praised Trovato for his willingness to help the downtrodden.

“He volunteered free legal assistance to the Tropical Storm Fay victims,” said Deyette, adding Trovato “served on the boards of local nonprofit organizations.”

“I do not support suspending him,” she added, calling the criticism of Trovato “a witch hunt and a public flogging.”

“I’m not in favor of any suspension,” said Commissioner Paul Treusch. “I also believe in three strikes and you’re out, and I don’t believe Mr. Trovato has those three strikes.”

Vice Mayor Michael Carmolingo presided over the meeting in Mulder’s absence. Carmolingo, who voted to hire Trovato as city attorney last year, sided with Trovato critics, saying he had been troubled by Trovato’s involvement in a meeting of city employees that left one woman in tears.

“I think city employees need to be treated the way I would want to be treated myself,” said Carmolingo.

Trovato’s salary will continue during the suspension. That is currently $123,760 per year.

Trovato is to stay away from City Hall during his suspension. He is not to access the city government’s e-mail system.

“The commission is free to do what they like,” Trovato said after the governing body acted.

The City Commission directed City Manager Faith Miller to contact Charles Cino to serve as acting city attorney until the commission decides whether to retain or fire Trovato. Cino is Deltona’s special magistrate in code enforcement.

Miller said a special meeting of the City Commission may be needed to ratify a contract for interim contracted legal services for the city.

The next regular City Commission meeting will be at 6:30 p.m. July 20, at City Hall.

— al@beacononlinenews.com

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