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Hayes County Attorney Bid Stalls

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By JULIA FERRANTE, The Tampa Tribune

Published: October 17, 2007

NEW PORT RICHEY - Sixteen years ago, Land O' Lakes lawyer Tim Hayes was the top choice of a committee searching for a county attorney, but he didn't get the county commission's endorsement.

After being rejected in a split vote, he vowed never again to seek Pasco County's top legal post, Hayes recalled Tuesday. When County Attorney Robert Sumner announced his retirement plans, however, fellow civic leaders told Hayes he would be a good candidate for the job, so he changed his mind and applied.

Hayes again is embroiled in controversy as the commission winds down a months-long search for Sumner's successor. The board interviewed five finalists Tuesday, and while Hayes emerged as top choice of two commissioners, the other three said they had reservations about him.

'I thought Tim did his best to be honest and straightforward,' Commissioner Ted Schrader said after the interviews. 'The fact remains that the perception is out there that he was handpicked by the development community.'

After five hourlong interviews in a conference room at the West Pasco Government Center, the board informally eliminated just one candidate: Celeste Adorno, chief of the state's eminent domain division. Commissioners agreed Adorno's experience was too narrow for a position that requires a broad range of expertise.

Commissioners are to make a final selection Tuesday.

'Developer's Candidate'

By his own account, Hayes has been held up as the 'developer's candidate,' someone who cleans house in the county attorney's office and pushes to 'fix' ordinances builders find cumbersome. He rejected that characterization several times during his interview, saying he was asked by 'nameless sources' to do developers' bidding but flat refused. 'I applied for this job because I thought I could make a difference,' he said. 'A week and a half ago, I was ready to withdraw because I did not want to be the focus, but a friend said if I did that it would be saying all of it was true. None of it is true. The perception is if you choose me, you have sold out to developers, and that is not the case.'

Hayes said he would not fire Chief Assistant County Attorney Barbara Wilhite, also a finalist for the post, and other lawyers who have held a hard line with developers.

'I have no intension of terminating anyone in the county attorney's office,' Hayes said. 'I got calls from nameless sources who have told me they would support me if I would make a commitment that I would terminate this attorney immediately. I don't have any animosity toward Barbara. Someone asked if I would terminate everybody. That would be downright stupid.'

Cox and Mariano pushed for Hayes, saying he is a known quantity, a litigator and gets along with County Administrator John Gallagher. Other commissioners noted that Sumner has three designated litigators and focuses on managing the office.

Wilhite Has Strong Support

Wilhite, also among the top picks, got strong support from Schrader, commission chairwoman Ann Hildebrand and Commissioner Pat Mulieri.

Mulieri said Wilhite presented a strong plan for the county attorney's office but suggested appointing her for a year to see if she works out.

Cox wanted to eliminate Wilhite as a candidate. He asked why she is suggesting changes now when she had the opportunity to make adjustments in her current position. He also wondered whether Wilhite would have a good working relationship with Gallagher and said staff members in that office have confided that they don't like her management style.

Wilhite said she has been consumed with revising Pasco's growth plan for four years and otherwise would have implemented change. She conceded that she is 'intense' about work and has sent 'nasty e-mails' criticizing staff but is working on the issue.

Schrader suggested that if Hayes and Wilhite were too controversial, perhaps the board should go with a third candidate.

Douglas Wycoff, who has a private practice in the Panhandle, was also a favorite. Commissioners commended him for a sense of humor, range of experience and success as a litigator. They wondered if he is a 'job hopper' because of a history of staying in positions for a year or two.

Schrader agreed Wycoff was qualified but championed Jeffery Steinsnyder, a former assistant county attorney in Manatee County who is in private practice.

Hildebrand agreed Steinsnyder was a good candidate but wondered whether he would be assertive. Mariano and Cox said they were uncomfortable hiring a candidate who, by his own account, is 'not a litigator.'

Reporter Julia Ferrante can be reached at (813) 948-4220 or jferrante@tampatrib.com.

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