For the first time since 1969, James Devito will need to find something else to do on St. Pete Beach City Commission meeting nights.
By MAUREEN BYRNE AHERN
Published December 31, 2003
ST. PETE BEACH - Less than a year on the job, James Devito thought his career as city attorney was finished.
A concession on city-owned property in Pass-a-Grille wanted permission to sell beer. Devito said that couldn't happen since the establishment was on public property.
It so happened that three commissioners wanted to let the beer flow - the same three commissioners who approved Devito's appointment as city attorney. And, as it happened, the two elected officials who didn't vote for Devito agreed with him on the alcohol issue.
"Well, Jim, you're not going to be around here very long," his colleagues told him.
Boy, were they wrong.
Devito, 66, has been around for more than three decades, advising the city on legal matters since July 30, 1969.
The 34-plus years of employment ends today with Devito's retirement.
"We had a great relationship," Mayor Ward Friszolowski said. "Both he and his partner did a great job for the city."
Gerald Colen, Devito's law partner since 1970, and Devito both represented St. Pete Beach until the early 1990s. Then Colen's private work increased to the point where Devito became the city's primary attorney.
Colen, 62, said he enjoyed every minute working for the city. "Even those people who disagreed with me did so with courtesy," said Colen, who will continue working full time in private practice.
As for Devito, it's time to slow down.
Dressed in a crisp blue and white striped shirt, navy blue trousers and tan loafers, Devito gave his last interview Monday as city attorney. Sitting in a conference room at his law office on Bryan Dairy Road, which specializes in estate planning, probate and real estate, Devito said he'll continue to work in law but on a selective basis.
"It was a good time," Devito said, reflecting on his years with the city. "I'm glad to have done it."
* * *
Devito said the government gig at first was "purely economics." The income he earned from the part-time work for the city helped pay the bills. The commission set his salary at $25 an hour per court session, with a limit of $50 per session. Quite a difference from his most recent contract with the city in which he earned a flat fee of $150 per hour.
But a passion for municipal law soon replaced economics. "Once you get into it, it is so interesting. You touch on all kinds of things," he said. "It's a very challenging area."
Devito has worked under 10 mayors and eight city managers. His secret to avoiding a pink slip working with so many different administrations: "Just stay out of the politics, always be professional and give good opinions."
Which is why the firm of Devito and Colen lasted so long with the city, said Friszolowski, who has served on the commission for 10 years, the past four as mayor.
"Whether you liked his advice or you didn't, he stuck to the issues," the mayor said Tuesday. "They're not always there to tell us what we want to here."
There were rocky times. Devito remembered when City Manager Danny Walker left his position in 1997 amid allegations that he sexually harassed former City Clerk Jane Ellsworth. Two other city employees also claimed they had been sexually harassed at City Hall.
The city hired a law firm to investigate Ellsworth's claim. The Tampa office of Hogg, Allen, Norton and Blue concluded that a pervasive atmosphere of sexual humor and innuendo existed among City Hall employees.
Yet the commission ultimately fired Ellsworth and put Walker on a year's probation. Ellsworth was rehired but eventually resigned. She later settled a federal claim against the city for $110,000. Walker also resigned after the commission voted to give him $74,861 in severance pay and cover his legal fees.
The St. Petersburg Times sued St. Pete Beach, claiming the city refused to hand over public documents to a Times reporter by shuffling paperwork from the clerk's office to Devito's office. In 2000, the city agreed to pay the Times $4,750 to resolve the lawsuit. A second lawsuit filed by the Times alleging the commission violated the Sunshine Law while negotiating severance packages with Walker was dismissed.
"It was a very trying and difficult time," Devito said. "There was a lot of anger in the community about this."
That anger can linger for years, Devito said.
Some residents believe the good-old-boy network still exists in St. Pete Beach. They point to the new City Hall building, saying the city worked with local developer Paul Skipper to build a $3.4-million City Hall without taking bids on the project.
Commissioners defended the city, saying the unique arrangement with Skipper made it impossible for the city to take bids on construction of a new City Hall.
"If you analyzed the facts, this was a bonanza for the city," Devito said.
As for accomplishments, Devito cites helping save the Don CeSar Beach Resort and Spa from demolition; working with Mayor Richard Misener to control development on the beach in the 1970s; and successfully resolving an eight-year legal dispute with St. Petersburg over sewage treatment charges.
Now that he's somewhat retired, Devito plans to spend more time traveling with his wife, Cathy, and attending art classes at the Arts Center in downtown St. Petersburg.
But he won't be spending every first and third Tuesday at St. Pete Beach City Hall. At his last meeting Dec. 16, the commissioners thanked Devito for his service and gave him a standing ovation.
"I'm a little emotional about this," he said, holding back tears. "It's been really a great run for me."
