The Alachua City Commission fired City Attorney Marian Rush in the closing minutes of a regular meeting on Monday with a 3-2 vote to terminate the city’s contract with Robert A. Rush, P.A. law firm.
Commissioners cited the city of Alachua’s growth and need for an in-house attorney, but opponents called out the unexpected timing.
Commissioner Jennifer Ringersen waived meeting rules and procedures during commissioner comment in order to make the motion. The motion directed Interim City Manager Rodolfo Valladares to send a formal notice to Rush’s law firm and advertise the soon-to-be-open position.
Rush, who has served as Alachua’s city attorney since 2003 and whose contract extends through Sept. 30, 2026, will remain city attorney for 30 days. She’s held at a retainer rate of $11,500 a month with additional services at $200 an hour.
“With the direction and the growth of the city, I think it’s important for us as we continue to grow to have somebody in-house,” Ringersen said.
Vice Mayor Shirley Green Brown and Commissioner Dayna Williams voted in favor of firing Rush, with Commissioner Jacob Fletcher and Mayor Walter Welch in dissent.
Welch said he was confused, and Fletcher said he felt blindsided by the motion.
Fletcher disagreed with firing Rush without a replacement. He said the item should’ve been placed on the agenda so staff and the public could know about it.
“[It’s] really confusing how three commissioners, it seems like, were all in agreement that this was the best route as an item at the end of the agenda to terminate our city attorney,” he said. “That’s highly unusual…It’s very mind-boggling that we’re deciding we want to try and move forward with that at this time period.”
Green Brown said she voted for firing Rush because the city has come a long way and needed to move forward.
She said, after serving on the City Commission for many years, she believes Valladares has great visions for the city and that it’s important to “look at all aspects of the city.”
Williams agreed with Green Brown and Ringersen that Alachua had grown enough to support an in-house city attorney who could focus solely on the city.
She refuted any inferences that the commissioners in favor of firing Rush were “in cahoots” and said it’s an appropriate time to have the conversation during budget season.
Williams said that Rush would be welcome to apply for the new attorney position. Rush said she would be interested, if that’s what the commission wanted.
“The fact is that attorney Rush does have her own private firm,” Williams said. “It has other clients and things, and although, yes, she focuses on the city, I think that it’s time for our city to go down this road of having an in-house city attorney.”
Rush’s firing comes one meeting after the commission called off an investigation into the resignations of three former city planners for the second time this year.
The commission directed Rush on May 19 to research potential legal counsel that could conduct the investigation.
Rush presented the legal counsel candidates during the July 28 meeting, where Fletcher and Welch voted in favor of hiring one. But Williams’ and Ringersen’s votes against it killed the motion to do so.
As a citizen and tax payer in the City of Alachua, as well as a former Mayor and Commissioner, I am surprised and disappointed that a decision of this importance was not placed on the Agenda. The public certainly should haven been afforded an opportunity to voice either support or opposition to this action. Currently the City doesn’t even have a permanent City Manager and to move forward at this time with only a 30-day notice to Rush seems odd. Am I missing something here?
Very odd.
1 planner, temp manager, no investigation, .. says COA is her primary client… She had a year left. Why not ride it out and search in the meantime?
Also as a citizen the reasons are BS for a not listed agenda item. Something is and has been off, and moves like this make folks lose trust in our leadership!
Alachua could quickly become a much better place if, next spring, Ms. Calderwood was to run for commission and replace Dayna Miller Williams.
Replace Dana Miller vote of no confidence . Is she really the best and brightest for the city?
I’m not going to bash Marian Rush. I don’t think that’s the right thing to do. I will say as an employee and working everyday I get to see what’s really happening. It feels good to have Vice Mayor Brown, Commissioner Ringersen, and Commissioner Williams standing up for us. There is a lot that people don’t know and I’m not going to be one to air out the dirty laundry because that only hurts Alachua. I wasn’t employed here Miss Calderwood when you were on the board. Mr. Potts I’ve met you several times and you were nice to me but the consensus among employees is that you served external interest in the community other than what’s best for Alachua. For the first time in 2 years we feel like things are getting better. I wish Miss Rush all the best but she started many issues behind the scenes.
I’d like to better understand what leads you to the conclusion that Brown, Ringersen, and Williams are ‘standing up’ for city employees. As a former city employee who worked with Marian (have you, by the way?) I know she has the city’s interests at heart. Perhaps she ‘started many issues behind the scenes’ because things were not above board… Maybe those ‘issues’ kept the city out of a law suit or two. It’s difficult to say if you’re not a part of the decision making…
And regarding Ed Potts, I’d also like to know what ‘external interest’ he has served other than ‘what’s best for Alachua’. I know Ed Potts well enough to know he was not part of the regime who are concerned with only their own interests.
A lot of conjecture here, but no statements to support your position. Seems like a lot of Public Services employees like to sing the praises of the INTERIM city manager (he doesn’t like you to use the INTERIM title, but that’s the title) because he’s their former boss and they have something to gain…
As a fellow Alachua employee, who also sees what goes on.
Your statement about “airing dirty laundry” is why Alachua is facing these issues. Fellow employees with that mindset of “sweep it under the rug” , is how we got in this mess to begin with. THAT is what hurts Alachua. Theres a mindset of US vs THEM, with THEM being the residents and we will do what ever we can to protect US.
Its rich to indirectly accuse Mr. Potts of serving special interests. Here’s something more direct. Who’s company gets paid for every housing unit in the city? Commissioner William’s company WastePro. If thats not serving external interests, then nothing is.
The real reason this is happening is because Marianne Rush is a loose end that they can not control. She, unlike Mike, always put Alachua first. That’s not only her job but her legal and ethical responsibility.
Marianne was the one that corroborated Justin’s Tabor claim that the planners weren’t going through the City Attorney. She brought this to the commission out of frustration of Mike putting HIS interests over the Alachua. You DON’T make legal decisions with out the attorney. Yet, its was Williams chastising her for bring it forward. Instead of acknowledging the seriousness of the matter, Williams defended Mike for making these incredibly risky and unchecked legal decision, since we all put on our pants “one leg at a time”.
Then it was Marianne cleaning up Mike’s mess with that unprofessional staff Christmas video. If that video wasn’t a problem why did he cut out 15 minutes of him and fellow staff.(Also its not the only video). Marianne prevented Alachua and fellow city staff from getting into a criminal lawsuit for violating public record laws.
This ousting is entirely orchestrated by Commissioner’s Williams and other individuals(everyones favorite ex-mayor and ex-ex-city manager) against someone who wouldn’t go along with their schemes and put the city first regardless of who it may upset. Theirs a reason why Mike instructed the planners not to talk to her.
Ringersen, Brown and Williams have been a part of this con from the beginning. They had plenty of time to make changes in the past two years, if they really cared…
No offense to Mr. Pott’s(I appreciate you for speaking out on the investigation and your comments now). But the only REAL change in the past two year are Mayor Welch and Commissioner Fletcher.
(Don’t be surprised when Downtown Alachua’s “favorite” lawyer, throw’s his hat for the position)
Dear Alachua Employee: In the unprofessional childish waste of taxpayer time Christmas Party video, is one of the actors YOU?
As a former City Commissioner, I have to agree with you Jean. The same city commission that voted TWICE to have the city attorney seek out counsel for the planner inquiry, but then voted to NOT go forward with it.
Both times the city attorney was directed to seek out options for counsel took hours of her time (at taxpayer expense), only to not move forward either time.
Taxpayer savings were actually mentioned as a basis for the “no” votes, yet they vote at the very next meeting to fire the city attorney before the end of her contract which will surely include a severance package…..also at taxpayer expense.
Oh don’t try to blame them Mr. Potts. You are just as corrupt as the rest of the commissioners which is why we voted you out! Calderwood, Potts, are a part of the long lineage that comes from the good old boy days! Keep up the great work Jacob Fletcher!
I agree that Jacob is doing a good job.
No issue at all with your point of view, nor the election results.
Respectully, Faith, Ed Potts is the embodiment of integrity. He pushed for the planner investigation to happen. He rightfully pointed out that it is ‘catastrophic’ that 90% of the City’s planning institutional knowledge walked out in a span of less than a month. He spoke against the flip-flop on the investigation. Had the investigation moved forward back in February, the City would have already “moved on” as the three ladies on the dais wish to do.
Nothing against Fletcher, I like him too. But Ed Potts was a casualty of poor executive leadership biting the City in the behind. Oh, and by the way, Ed Potts pointed out the need for improvement of leadership in his annual reviews of the former city manager.
Someone used MY name as the title and responded as me … this is laughable and verifiable. Mr. Potts – I did not reply directly to you. Clearly this was from someone who wants get in my skin… I know I am a target. 🙂
No worries at all. Everyone deserves to express their own point of view.
Yes, everyone does deserve a point of view, but they shouldn’t use my name! I’m tired of being a victim and people not standing up for what is wrong. Even your response seems to acknowledge what they did is okay.
Hopefully MSDN gets to the bottom of it Faith. Smells of boo car ease.
Not at all defending them using your name. Simply saying everyone has their own point of view…..but they should not have made it appear to come from you.
No city manager, no attorney, missing planner manager and two city planners. And you think the public belive there is nothing under handed going on behind closed doors?
Seems a few more commissioners need voted out.
I agree that firing Attorney Rush was mishandled. I attended the meeting in order to voice my objection to the 2-2 vote to end any investigation into the resignation of the 3 city planners. Within 15 seconds of beginning my statement, Mayor Welch abuptly stopped me and gruffly said “This is resolved, do you anything new to say” I was stunned that he stopped me. Commissioner Fletcher attemped to allow me to speak only to have Mayor Welch cut both of us off and repeated “This is resolved, do you have anything new”. It was clear to me that the Mayor and the other three commissioners want this matter to go away. Before I sat down, I stated “This is wrong! What are you trying to hide”? I believe the Mayor prevented me from exercising my right of free speech and violated my constitutional rights in order to hide the truth.
The mayor shut you down because the regime has gotten to him and has informed him he should do that. That’s what Gib did all the time. The agenda section is titled “Comments from Citizens on Subjects Not on the Agenda”. In my assessment that should mean if you want to get up there and talk about how great sliced bread is you should have every right to do so.
Look at how Alachua County’s open public comment goes compared to Alachua. In Alachua, it’s only your right to comment on subject not on the agenda if it pleases those in control.
Politics stink,
First, they buried the investigation into why 3 city planners resigned, now they suddenly fire the city attorney? Ummm, I am not a conspiracy theorist, but borrowing from Hamlet, something is rotten in the city of Alachua.
(In response to Alachua Employee)
As a fellow Alachua employee, who also sees what goes on.
Your statement about “airing dirty laundry” is why Alachua is facing these issues. Fellow employees with that mindset of “sweep it under the rug” , is how we got in this mess to begin with. THAT is what hurts Alachua. Theres a mindset of US vs THEM, with THEM being the residents and we will do what ever we can to protect US.
Its rich to indirectly accuse Mr. Potts of serving special interests. Here’s something more direct. Who’s company gets paid for every housing unit in the city? Commissioner William’s company WastePro. If thats not serving external interests, then nothing is.
The real reason this is happening is because Marianne Rush is a loose end that they can not control. She, unlike Mike, always put Alachua first. That’s not only her job but her legal and ethical responsibility.
Marianne was the one that corroborated Justin’s Tabor claim that the planners weren’t going through the City Attorney. She brought this to the commission out of frustration of Mike putting HIS interests over the Alachua. You DON’T make legal decisions with out the attorney. Yet, its was Williams chastising her for bring it forward. Instead of acknowledging the seriousness of the matter, Williams defended Mike for making these incredibly risky and unchecked legal decision, since we all put on our pants “one leg at a time”.
Then it was Marianne cleaning up Mike’s mess with that unprofessional staff Christmas video. If that video wasn’t a problem why did he cut out 15 minutes of him and fellow staff.(Also its not the only video). Marianne prevented Alachua and fellow city staff from getting into a criminal lawsuit for violating public record laws.
This ousting is entirely orchestrated by Commissioner’s Williams and other individuals(everyones favorite ex-mayor and ex-ex-city manager) against someone who wouldn’t go along with their schemes and put the city first regardless of who it may upset. Theirs a reason why Mike instructed the planners not to talk to her.
Ringersen, Brown and Williams have been a part of this con from the beginning. They had plenty of time to make changes in the past two years, if they really cared…
No offense to Mr. Pott’s(I appreciate you for speaking out on the investigation and your comments now). But the only REAL change in the past two year are Mayor Welch and Commissioner Fletcher.
(Don’t be surprised when Alachua’s “favorite” lawyer throw’s his hat for the position)
What’s another video or videos?
There are several candidates available. None have been charged with anything (yet) so all are available. So at the next meeting on a non agenda item, here is what a 3-2 vote can do. Since no one is more experienced at city manager, hire former manager Adam Boukari as permanent city manager for $250,000 a year. As city attorney, go local and hire Brian Boukari for $200,000 a year. For a good assistant city manager, former city commissioner Ben Boukari can be hired for $150,000 a year. Yes, for only $600,000 a year, Alachua can get this magnificent experienced management team to run the city. Out of town developers will be overjoyed!
For 50 years l was Chairman of the planning & zoning commission in Connecticut. Now l understand that things are done a little differently here, but I have concerns about two incidents at the last meeting. First, to suddenly fire an experienced city attorney who had given years of excellent counsel is unheardof. Second, for any Commissioner, let alone the Mayor, to abruptly cut off a public speaker attempting to voice her opinion, is not only inappropriate but also rude. In all my years, l never heard of such a thing. I think the Mayor owes that woman an apology.