KEY WEST, Fla. — City Attorney Mayanne Downs has advised Mayor Sam Kaufman that an independent investigation involving City Manager Brian L. Barroso and discussions about a potential voluntary separation agreement can proceed simultaneously, according to a Sept. 10-15 email exchange obtained and reviewed by Above the Fold.
Downs recommended retaining outside counsel from beyond Key West and Monroe County to conduct the investigation. She subsequently told Kaufman she believes the City Commission must approve that hiring.
“I see no impediment to pursuing both. And yes, I think the commission must approve retaining counsel to investigate,” Downs wrote Sept. 15.
The correspondence documents Downs’ recommendation for an outside investigation and her response to Kaufman’s request to pursue it alongside possible separation negotiations. It does not establish that commissioners have authorized an investigation, that an investigator has been selected or that Barroso has agreed to a departure.
Kaufman sought legal guidance Sept. 10, forwarding a statement concerning the city manager and asking how the city should preserve relevant records and arrange an independent review.
The Mayor proposed a seperation agreement via Downs following a special meeting held to allow the City to review, modify or terminate
He distinguished between matters he witnessed or communications he received and allegations requiring further examination.
“As reflected in the statement, some matters are based upon events I personally observed or communications I directly received, while other matters involve allegations or factual questions that I believe warrant further review,” Kaufman wrote.
The statement referenced in that message was not included in the email material reviewed for this report.
Kaufman asked whether immediate preservation measures were needed for emails, text messages, personnel records, exit interviews, complaints and other communications. He also requested advice on who should conduct a review involving the city manager and senior administrators.
“My intent is to ensure that any review is fair, independent, fact-based, and handled through the proper process,” he wrote.
Downs responded Sept. 12 with a recommendation to engage outside counsel.
“This will require engagement of outside counsel for an investigation, and I believe we should retain someone from outside of Key West and Monroe County,” she wrote.
Downs also advised that relevant records were already subject to preservation requirements under Florida law. Her response did not describe any additional preservation measures.
In a Sept. 15 follow-up, Kaufman agreed that counsel from outside the county would be appropriate to ensure an independent and impartial investigation. He asked how attorneys should be identified and selected and whether commission authorization was necessary.
Separately, he asked Downs whether Barroso remained interested in a voluntary separation agreement and, if so, whether she would continue those discussions while an investigation proceeded.
“My intent is for these to remain separate tracks and for each to be handled appropriately and independently,” Kaufman wrote.
Downs’ reply identified no impediment to pursuing both processes but did not answer whether Barroso remained interested in negotiating a separation. It also did not outline a selection process, timetable, cost or scope for an investigation.
This is an evolving story. Watch this space.
