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Marco Island attorney and former council member Glenn 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.

Council voted 6-1 last week to discuss whether Rhodes, Tucker and Garretson should be considered to be the council’s legal representation and whether his representation would violate the city charter.

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.”

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 and a recall campaign in 2006 was called because of his position to replace the island’s septic tanks and the city’s handling of asbestos found on its property.

Tucker headed the search committee that recommended Gabriel and his Fort Lauderdale-based firm, Weiss, Serota, Helfman, Pastoriza, Cole & Boniske, P.L., which was hired last year.

Tucker’s proposal calls for a $200 an hour charge with no travel costs except for trips outside Collier County. Gabriel’s firm charges the city $220.50 per hour plus $300 for round-trip travel to Marco.

Tucker estimated that the rate reduction and minimal travel expenses charged by his local firm could save the council between 20 and 40 percent overall.

Councilor Rob Popoff suggested putting the discussion of Rhodes, Tucker & Garretson on next meeting agenda and much discussion among the board and current attorney continued.

Councilor Chuck Kiester voted no on the idea.

“We know how you’re going to vote because we know you’re adamantly against this,” Popoff said to Kiester.

Councilor Frank Recker said, “It may not be a simple yes or no because the firm may be a separate entity (from Tucker.)

“There may be some loop holes in (the city charter) but I think the intent is exactly what it says,” Kiester replied.

Recker asked Gabriel if it was “feasible” for Tucker’s firm to represent the city and asked Gabriel: “Does that put you in a conflicting, compromising position?”

“Of course it does,” Gabriel responded.

Gabriel said he is looking at case law and conflict law over the next couple weeks to make his determination.

“I have to justify the answer as being correct. I would do the same thing on anything the council requested my legal opinion on to make sure our response, whatever it might be, is the correct on,” Gabriel said.

Attorney Chris Anderson of the Florida Commission on Ethics said although he doesn’t have the authority to give an opinion on the matter, such “split hairs do come up from time to time in state law” regarding the interpretations of appointed positions, such as that of city attorney versus independent contractors and employees.

“300,000 attorneys in the state of Florida may have different opinions,” he said, adding that it’s possible that vendors of goods or services “may not necessarily equate with a city position.”

Although Anderson repeated that the concern is not within his area of concerns or responsibility, he did say regardless of the decision it would be possible for someone to challenge it “if someone else is aggrieved by it.”

Tucker said the thought of applying for city attorney crossed his mind in the past but he decided not to step down from the council.

Tucker said he and partner Judge Brenda Garretson are both well qualified for the job.

“(Garretson) brings a different value and perspective. She’s probably more qualified from a technical point of view. We’re not sure how we would divide up the responsibilities.”

He added that his 10 years of experience on council would be an asset to the city.

“I was there when everything was enacted ... My job will be to represent the council not to be a politician. I would look at everything fresh in the capacity as attorney,” Tucker said.

Councilor Wayne Waldack said he will be looking into the legality of the matter on his own as he awaits Gabriel’s conclusion.

“Certain people on the island, mostly those that objected to anything the past City Council proposed will be in objection to Former Councilman Tucker’s Law firm representing the city. I personally believe that Mr. Tucker would be a great asset because of his past 10 years of experience on the Marco Island City Council and experience his as a lawyer,” Waldack said, adding that he was “still on the fence because of respect for the city charter and state law issues.”