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Brooksville City Council Chooses Hogan Law Firm

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By TONY MARRERO, Hernando Today

Published: September 22, 2007

BROOKSVILLE - Tom Hogan wanted to make two things about his law firm clear to city council members Wednesday.

The Brooksville firm is not cozy with developers and its attorneys have the talent to make up for a lack of municipal experience.

'I don't think we would in any way let you down or slow you down,' Hogan said.

The council took Hogan at his word, selecting the firm out of four other finalists.

The vote was close. The Hogan firm tied with Carole Barice, an attorney with Fowler & O'Quinn law firm of Orlando. Hogan won by receiving the most top rankings from the five council members, each of whom ranked their top three applicants.
Mayor David Pugh admitted Hogan wasn't his top pick. 'But I think they'll do a fantastic job,' Pugh said.

Top Choice Backed Out

The council decided to bring back the four finalists after its top choice, Jake Varn of the Tallahassee office of the Fowler, White, Boggs and Banker law firm, backed out at the last minute. He cited a desire to spend more time with his family.

Joseph Poblick, city attorney for Zephyrhills since 2006, was a finalist.

Hogan and the other applicants were aware of the concerns council members had voiced about them during deliberations two weeks ago.

'We haven't represented a lot of big developers,' Hogan told the council.

The firm has represented 'a lot of small guys' who seek, for example, a zoning change from the city or county.

At a meeting earlier this month, City Attorney David La Croix warned the council that of all the applicants, the Hogan Firm had the least municipal experience.

The firm has represented the Hernando County Clerk of Court's office and other government entities, but never a city or county.

'I realize we don't have any experience sitting up here,' Hogan said, referring to the council dais, 'but I believe we have the brains to do it.'

Hogan touted the firm's stable of lawyers whose respective specialties would translate to a broad range of legal expertise for the city.

Council member Lara Bradburn asked Hogan how his firm would balance the city's desire to grow and also 'protect our environmental assets.'

'I see the role of the attorney as legal adviser,' Hogan replied. 'My opinion, if I have one, is not relevant.'

Hogan said he owns property in the city, spent most of his life here and has 'a vested interest' in Brooksville. 'I think my heart's in the right place, but as attorney, my attitude and beliefs wouldn't be important,' he said.

Barice said she had the most municipal experience, touting her role as attorney for Altamonte Springs in which she handled the kinds of issues - annexations, condemnations, eminent domain - that lie ahead for Brooksville as it grows.

Barice, who worked for the city for some 20 years, is board certified in local government law.

'My primary practice is in that area, and I'm respected among my peers,' she said.

Barice acknowledged her hourly rate is on the higher side, but said, 'Someone with a great deal of experience is going to spend a whole lot less time on an issue, hit the ground running and bill for a lot less hours. You'll save money in the long run.'

Council Member's Concerns

That was among several factors for council member Joe Bernardini, who still had enough concerns about Hogan's representation of developers and the lack of municipal experience to rank the firm as his last choice.

'If we were going to pay top dollar, Barice has mostly municipal experience and has done a lot of things we need to do,' Bernardini said.

The other finalists were Kristie Kroslack, who spent six years as assistant county attorney in Lee County, and Poblick.

The Hogan firm has offered to charge the city a rate of $178.30 for the first 14 hours each month and $200 per hour after that. A contract likely will be ready for the council's Oct. 1 meeting.

La Croix's last day is Sept. 30. He has offered to continue work on an hourly basis until his successor is in place.

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