A Times Editorial

A fee too far

© St. Petersburg Times, published August 3, 2000

Rule No. 1 for disgraced politicians hoping to salvage their careers: Don't bill taxpayers for legal fees resulting from a scandal you helped cause.

Rudy Fernandez, while on Tampa's city council in 1997, voted to give another council member permits to operate an ambulance business. The colleague, Ronnie Mason, was a business partner of David Carr, then-attorney for the city council and a client of Fernandez's stock brokerage firm. Mason used his public job to help kill a competing firm, then started an ambulance business of his own. He and Carr were indicted for corruption, but the charges were later dropped.

As a public official called before a federal grand jury, Fernandez was entitled to legal fees. The city was right to reimburse him, even though, given the circumstances, it was unseemly for Fernandez to ask.

But Fernandez also sought fees stemming from a state ethics commission investigation that found "probable cause" he violated ethics laws. City Attorney Jim Palermo drew a clear distinction between the grand jury and ethics investigations. Fernandez did not disclose his business ties to Carr. His vote benefited Carr and, potentially, Fernandez -- not the public. And unlike testifying before a grand jury, breaking ethics laws serves no public purpose.

Palermo protected the city by rejecting Fernandez's bid for illegitimate expenses. His rationale also closes the door to any effort by Mason or Carr to fob off their legal bills to the taxpayers. The trio got away with their original machinations. No wonder Fernandez was emboldened to try to milk the public twice.

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