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Decision on Acton's fate could come today

County leaders may be preparing for a showdown over the future of the embattled county attorney.

BILL VARIAN
Published October 15, 2003

TAMPA - Today is the deadline for Hillsborough County Administrator Dan Kleman to tell commissioners what he is going to do about Emmy Acton, the maligned and ill county attorney.

As of 5 p.m. Tuesday, Kleman had nothing for them, setting up another potential showdown when commissioners meet today.

Commissioner Ronda Storms said if she doesn't hear something that will help draw the matter to a close, she will attempt to force the issue. What that means, she wouldn't say.

Storms has previously encouraged the other commissioners to examine a clause in Acton's contract that allows her to be dismissed if illness keeps her out of work for an extended time. But Storms wouldn't say if that's what she has in mind.

"It's my intent to make a resolution happen one way or the other," Storms said Tuesday. "I do intend to make the board examine it definitively so we have closure, not just for the board, but for all parties. I'm single purposed."

Other commissioners were less certain about what if anything they can do, given that Acton is on short term medical disability, contract clause or not. Besides, commissioners are not empowered to make employment decisions about the county attorney. Only the county administrator can, though he must seek "advice and consent" from commissioners.

"The board really can't take too much action because the county attorney is on medical leave until Nov. 22," said Commission Chairman Tom Scott. "To do anything otherwise, we're only asking for a lawsuit."

Acton has been on short term medical leave from the county since May due to illness relating to her worsening diabetes. She went on leave after a series of initially anonymous allegations surfaced out of her office claiming Acton misused a staff fund, took more sick and vacation time than she reported and ran a hostile workplace.

Some employees have since come forward publicly to complain. And Acton has reported some of the allegations to the Florida Department of Law Enforcement, which is still investigating.

Kleman initially hired an outside consultant to investigate the claims. But the consultant, KPMG, dropped its work after disagreements with commissioners.

The county administrator has told commissioners he would have a recommendation about how to proceed for them today. In the meantime, he has been negotiating with Acton for a possible graceful exit for her.

Under those discussions, Kleman was seeking another government agency to hire Acton part time, but there were no immediate takers.

Kleman met Tuesday with an outside attorney, Rich McCrea, who has been helping guide the county in the matter. He said he expects McCrea to provide a status report and some recommendation to commissioners.

He would not speculate about whether the county can reach an agreement that satisfies commissioners and Acton.

"I'm remaining eternally optimistic," Kleman said.

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