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Glenn Tucker

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Marco Island attorney and former city council member Glenn Tucker announced he is withdrawing his firm’s request to be considered as the City of Marco Island's attorney.

Tucker sent an unsolicited letter to City Council earlier this month informing them that his law firm, Rhodes, Tucker & Garretson, could provide legal service to the council at a lower rate than their current attorney, Alan Gabriel.

In a letter to City Council Wednesday, Tucker sited personal attacks against his partner Judge Brenda Garretson as the reason for his withdrawal of that request.

"I’m disappointed in his withdrawal. He had a lot to offer the city," said City Councilor Wayne Waldack. He added that 10 years of experience on City Council and Tucker's community involvement would have been an asset to the city.

Gabriel was researching the viability of the Tucker’s request given that the city charter limits former council members from holding staff positions after their service on City Council. The city charter states: "No former council member shall hold any compensated city position until four years after the expiration of the term for which the council member was elected."

However, Tucker did not cite this possible conflict or controversy as the reason for his withdrawal.

In a letter sent to City Council Wednesday, Tucker wrote: "It has come to my attention that a few vicious, petty individuals, including Douglas Enman, who apparently holds a grudge against me for my votes in favor of STRP (the septic tank replacement project) while I was on council, are attempting to malign and smear Judge Garretson ... "

Enman was the former chairman of Citizens Advocating Responsible Environmental Solutions, Inc. (CARES) which filed a federal lawsuit against the City of Marco Island, its former City Manager Bill Moss and Public Works Director Rony Joel individually for alleged violations of the Clean Air Act and their supposed mishandling of asbestos concrete pipe during the Collier Boulevard construction project a couple years ago.

The case was settled outside of court.

"I may have been the first but I wasn't the last to point out four years had to go by before you could be considered for gainful employment with the city. I think to be City Attorney you must have knowledge of the charter and if in 10 years you don't get that than you never will," Enman said.

Enman added that he never "said anything behind anyone's back" or was said anything else to smear Garretson or Tucker.

Tucker said the reason for withdrawal was also due to information posted on a website www.marcoislandblog.blogspot.com and letters he learned were sent to City Council that "defamed the character" of his law partner Garretson, a former Collier County circuit court judge.

The website includes a posting of the Supreme Court Censure and reprimand Garretson received in 1999 for improper conduct at a Denny's restaurant including intoxication and a person in her party stealing a video camera. Garretson, last name Wilson at the time, had knowledge of the theft and returned the camera a couple days later without notifying authorities.

Garretson, also currently a special magistrate with Collier County Code Enforcement, was not available for comment.

"If Judge Garretson had been a private citizen the incident would have gone unnoticed. She is a very good person," Tucker said.

He added "We don't' need to subject ourselves to this. I went through that as City Councilor. I thought we were out of the politics. I thought we could supply city legal service and get away from this vicious, petty talk."

Last month, Council voted 6-1 to discuss whether Rhodes, Tucker and Garretson could even be considered or whether the firm’s representation would violate the city charter. Councilor Chuck Kiester gave the only 'no' vote on the idea of considering the firm.

No determination by Gabriel or his Fort Lauderdale-based firm, Weiss, Serota, Helfman, Pastoriza, Cole & Boniske, P.L. had yet been made as to whether it violated the charter.

Tucker was the longest serving councilman in city history, beginning with the city’s inception in 1997 to March 2007. Term-limits kept him from running last year.

Tucker headed the search committee that recommended Gabriel.

Tucker estimated his firm's rates would save the city money over Gabriel's rate. The $20 per hour rate reduction and minimal travel expenses charged by his on-island firm could save the council between 20 and 40 percent overall, he said.

"This is not important enough to us to go through that kind of low-life attempt to smear our character," Tucker exclaimed.