City to cover $25,000 in legal fees for city commissioner

Whether the Sarasota City Commission may choose to cover $10,000 in legal fees in addition to the $15,000 it approved in February for Commissioner Kyle Battie’s defense against a defamation lawsuit was not an option at Monday’s meeting.

Rather, it was an explanation by City Attorney Robert Fournier that the city has no choice.

Judge Stephen Walker of the 12th Judicial Circuit Court on June 12 ruled that Battie’s Jan. 12 presentation that allegedly portrayed city resident and local government critic Kelly Franklin as a racist was delivered in his official capacity as an elected official. As a result, he is shielded from allegations of slander. It also means that, because he was acting in his official capacity, the city must pay his fees.

Judge Stephen Walker of the 12th Judicial Circuit Court on June 12 ruled that Battie’s Jan. 12 presentation that allegedly portrayed city resident and local government critic Kelly Franklin as a racist was delivered in his official capacity as an elected official. As a result, he is shielded from allegations of slander. It also means that, because he was acting in his official capacity, the city must pay his fees.

The litigation is over a social media post with racial overtones that Franklin is alleged to have made regarding the grand opening in 2023 of Corona Cigar Co. At that Jan. 12 meeting, Battie produced a crumpled printout of the post Franklin called a hoax.

In the end, commissioners voted 4-0, with Battie recused, to pay the additional $10,000 now, and then consider covering those costs going forward should Franklin make good on her pledge to file an amended motion by the end of the day on July 2.

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City Attorney Robert Fournier reminded commissioners of that fact before the discussion.

“What I had told the commission then was that there would be a legal obligation for the commission to cover these fees in the event that the conduct that gave rise to this lawsuit was found by the court to be undertaken in the course of performance of official duties while serving the public purpose,” Fournier said. “Under those circumstances, you would have a legal obligation to pay those fees.”

Battie’s total owed to the Sarasota law firm of Bentley Goodrich Kison is $26,619.11. Once the city meets its $25,000 deductible the insurance will cover the balance, and will continue to do so going forward as Franklin was likely to file an amended motion by end of day July 2. 

Those expenses could be substantial as Franklin told the Observer she won’t stop at the circuit court level.

“If the case is still dismissed on the basis of absolute immunity for defamation from City Hall — no matter how calculated and malicious and planned in coordination with others the defamation is — I will appeal all the way to the Florida Supreme Court,” she wrote in an email.

Fournier added that if there is an eventual ruling that Battie was not acting in an official capacity the insurance carrier may decline coverage. Meanwhile, commissioners will decide on July 15 whether it will pay future legal bills until the outcome is determined.

Franklin spoke remotely during Monday's public hearing.

“A circuit judge has found that a decades-old Florida Supreme Court ruling potentially creates absolute immunity for any elected official in Florida to falsely vilify a critic,” she said. "We the people cannot afford to allow this intentional and malignant abuse of power to manufacture a license to lie loophole for municipal officials. That is the precedent that will be set if this ruling is allowed to stand.”

Battie doubled down on his position that no proof has been provided that Franklin didn't make the social media post. He also characterized comments directed toward him during commission meetings as “like a public lynching.”

“It's shameful for what's gone on as she continues to pursue this,” he said. “This is all her. It’s not on us. It's not on me. It's not on my character because I made my presentation and I left it alone.”