Commissioner Robin DiSabatino sues Manatee County for $30,000 in fees

Commissioner Robin DiSabatino is suing Manatee County and the county’s chief assistant attorney after fellow commissioners refused to reimburse her for legal fees she spent fighting a public records lawsuit.

The Circuit Court lawsuit filed Friday against the county and Robert Eschenfelder, came three days after the Manatee County Commission elected not to reimburse DiSabatino.

“It is a public records lawsuit pursuant to chapter 119, Florida Statutes, in which the plaintiff seeks declaratory relief and attorney’s fees,” county attorney Mickey Palmer said in an email to commissioners late Friday afternoon.

DiSabatino had asked fellow commissioners to disregard the County Attorney’s Office recommendation and instead reimburse her for more than $30,000 in private attorney fees, including $6,500 she paid to settle the case. DiSabatino was sued for an alleged violation of the Public Records Act in 2013 by Michael Barfield, a paralegal with Citizens for Sunshine.

The complaint, which seeks “declaratory and injunctive relief and attorney fees from Manatee County,” has two counts: failure to protect personal, exempt and confidential records and failure to provide public records, according to the complaint filed in the Circuit Court of the 12th Judicial Circuit.

Manatee County also gave a copy of DiSabatino’s personal computer hard drive to Barfield, Palmer said during the May 24 commission meeting.

“In the coming days, my office will be assessing the matter and taking all necessary steps to begin appropriately defending the lawsuit,” Palmer said in the email.

Ralf Brookes, DiSabatino’s attorney, maintains the county has an obligation to reimburse DiSabatino.

“All the public records were provided. ... It’s because of the county’s advice that Robin is in this situation today. If it all would have been handled appropriately in the first place, none of this would have happened. Now it’s turned into quite a mess.”

This story was originally published June 1, 2016 at 2:15 PM with the headline "Commissioner Robin DiSabatino sues Manatee County for $30,000 in fees."