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Sumner Reflects On His Tenure

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By JULIA FERRANTE, The Tampa Tribune

Published: January 19, 2008

NEW PORT RICHEY - Two days before his retirement, Robert Sumner wasn't having many regrets about his latest stint as county attorney, but he was feeling discouraged.

"I don't know that anything has really changed," he said as he reflected on his 8 1/2 -year tenure during an interview in his cramped, undecorated office at the West Pasco Government Center. "That's a little facetious. When I came here, we had problems with the population growing faster than the infrastructure we could provide. We still have road deficiencies."

Sumner's last day as county attorney was Friday. The Dade City native, 73, planned to end his law practice when he announced his retirement several months ago, but he recently was named president of Florida Bancshares Inc., a Dade City-based holding company that owns First National Bank of Pasco.

The man many called "the sixth commissioner" counts many victories as county attorney: including Pasco's conversion from a code enforcement board to a court citation system; the adoption of construction impact fees for schools, libraries and parks; a moratorium on billboards; and the donation of property for a national tennis center in Wesley Chapel. He also is proud that under his leadership, the county has a "minimum" number of lawsuits, most of them minor.

As county attorney, Sumner has been charged with giving advice to the five county commissioners, who often have disparate perspectives, and with carrying out directives for new ordinances, resolutions, negotiations and litigation.

He and his chief assistant, Barbara Wilhite, whom he called "a great legal mind who was most beneficial in organizing and solving issues," built a staff of eight other lawyers, including experts in environmental law, code enforcement, eminent domain, contracts and water issues. Sumner's office also has responded to residents' concerns, which range from property boundary disputes to debates about whether holiday decorations are appropriate in public buildings.

When reflecting on his achievements, however, Sumner said he wishes he could have done more.

"When I look at myself and what my expectations were and what I thought I could do, I was stupid. I thought I could help the county," he said. "I thought we could make growth make more sense and take pause to have the infrastructure come in. We could never catch up."

Like many other places, Pasco County has experienced rapid growth followed by a dramatic decline in building. Leaders have revamped long-range plans, yet roads remain overtaxed, and some water and sewer services are substandard. At the same time, Florida leaders have ordered local governments to cut taxes and spending. A voter referendum to be decided Jan. 29 could cut property taxes further, a prospect Sumner says would put vital services in danger.

Sumner blames state leaders for not providing adequate funding to improve congested State Roads 52 and 54, the principal east-west arteries through Pasco. He thinks Pasco leaders should continue to pursue acquisition of private utilities, an effort that has only been somewhat successful.

"Government has the obligation to provide good, clean, potable water, and the ability to properly dispose of waste," he said. "That and transportation are the highest priority for citizens."

Sumner had one big criticism of the county commission: That board members, who are elected countywide, defer to one another on issues in their respective districts.

"Each commissioner thinks he has the right to control what is in his commission district," he said. "If they believe that, they should be elected by district. And they should have some commissioners elected countywide to look out for the interests of all citizens. It's strange that if an issue comes up, they defer to their resident commissioner. That doesn't seem fair."

A Vested Interest

A fifth-generation resident, Sumner has dedicated his life and career to Pasco. A Pasco High School graduate, he worked at his father's grocery store in Zephyrhills and at American Can making containers for orange juice concentrate, before enrolling at Florida Southern College in Lakeland. He received a bachelor's degree is in accounting with a minor in economics.

Sumner joined a mentor, Judge W. Kenneth Barnes, in private practice in Dade City after graduating from Stetson University College of Law in 1964. He later bought the practice and specialized in banking, probate and eminent domain cases.

Sumner took what then was the part-time job of county attorney for the first time in 1967, when Pasco had a population of 38,000, a fraction of the 425,000 people who live here now. In that role, he initiated Pasco's first zoning ordinance.

He left the post for the first time in 1972, when the position became full time, and returned to private practice. His daughter Donna Sumner Cox joined Sumner in his practice and planned to take over the business after he developed heart problems. That plan fell apart on April 24, 1990, however, when Cox was killed in a car accident.

Overcome with grief, Sumner dreaded work without his daughter. He again began to prepare for retirement, but in 1999, the county attorney position reopened, and he decided to make a new start. He served as interim county attorney from June to November 1999 before he was named to the permanent post.

A Couple Of Regrets

As he prepared to turn over the reins to the next county attorney, Jeffrey Steinsnyder, Sumner had two regrets. One was taking a leadership role in the selection of his successor. The other was staying in the job a year too long.

"I guess I regret getting so involved in the selection of the next county attorney," he said. "I probably should not have been involved. I should not have allowed the newspapers to blow it out of proportion. I should not have been involved in the fracas."

The county attorney search became politically charged after Sumner, who served on the selection committee, recommended his chief assistant, Wilhite, to replace him. He later was quoted in another publication as saying that another contender, Land O' Lakes-based lawyer Timothy Hayes, was "the developer's candidate."

Sumner said the quotation was speculation and "gossip" about discussions he had no firsthand knowledge about. The idea was out there, however, and Hayes and later Wilhite became controversial and were eliminated from consideration. The board chose Steinsnyder as a compromise. Wilhite resigned this week for a job in the private sector.

Sumner's other regret, staying too long, also stems from the county attorney search.

County Commissioner Michael Cox, who won the District 4 seat in November 2006, made an issue of Sumner's sometimes heated disagreements with County Administrator John Gallagher during the search. Cox supported Hayes and objected to promoting Wilhite, whom he said did not have a good relationship with Gallagher.

"I think when Michael Cox came onboard, his emphasis on changes and his agenda really did not coincide with my style," Sumner said. "Because of my strong personality, John Gallagher's strong personality and Michael Cox's strong personality, it probably was not best for the citizens of Pasco County."

The feeling does not seem to be mutual.

Cox conceded he and Sumner did not always agree, but he said he respects the outgoing county attorney.

"One of the things I respect about the legal profession is that lawyers can disagree on an issue and move on. They're good about not holding grudges," Cox said. "I agree with Bobby more than I disagree."

Gallagher called Sumner "an asset" and said the reports of their relationship's demise were "greatly exaggerated."

"I've enjoyed our working relationship," he said. "We've had a lot of good, robust conversations for the betterment of Pasco County. Sometimes he convinced me he was right, and sometimes I convinced him I was right. He gave a lot of good advice from a common sense and a legal perspective. I am going to miss him."

Commissioner Jack Mariano, who also disagreed with Sumner, especially on whether commissioners should discuss pending litigation, also spoke highly of him.

"I really enjoyed working with Mr. Sumner though we've had our disagreements along the way," Mariano said. "I think he's a tremendous gentleman ... I think Pasco County should be grateful that they did have him for the years we've had him."

Sumner has agreed to work with Gallagher as a consultant to acquire small utilities in Pasco. His job with Florida Bancshares will allow him that flexibility and the opportunity to spend more time with his wife, Marlene, and their family. He and other shareholders will be seeking to acquire other banks, an effort that harkens back to his private practice.

"This is what I've done all my life," he said. "This job is important, but it does not have a set schedule, and it is not as stressful. I will be able to play golf more and take clients to play golf."

ROBERT D. SUMNER

AGE: 73; born June 17, 1934, in Dade City
EDUCATION: Graduated from Pasco High School in 1952; bachelor's degree in accounting from Florida Southern College, 1957; juris doctorate from Stetson University College of Law in January 1964; admitted to the Florida Bar six months later.

FAMILY: Married Marlene Storch on Jan. 1, 1954. The couple have three children: Robert Keith, a Pasco High School teacher; Dennis Sumner, a Realtor in San Antonio; and Lorraine Nicolette, a homemaker. Daughter Donna Sumner, a lawyer, was killed in an automobile accident in 1990. The Sumners have 11 grandchildren.

HOBBIES: Golf; fishing; collecting knives, baseball cards and guns; garage sales

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

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