Photos by Dana O'Connor
Key Points
- Three Apopka planning employees filed complaints alleging Commissioner Nadia Anderson criticized their professionalism and pressured them over a development proposal in June.
- Anderson denied pressuring staff and said she only asked questions to advocate fair treatment for an applicant at a meeting about Adam Retail Plaza.
- Human Resources Director Joe Patton recommended referring the matter to the Florida Commission on Ethics, but the city has made no such referral and the project is on hold.
Three Apopka planning employees filed separate complaints alleging that City Commissioner Nadia Anderson criticized their professionalism and pressured them over a private development proposal during a June meeting.
Anderson denied acting improperly, saying she was asking questions and advocating for an applicant to receive fair treatment. She also denied telling staff that the project should be approved.
The complaints by Bobby Howell and planners Amer Hamza and Jun Sohn arose from a June 29 meeting concerning Adam Retail Plaza. The records were included in a city human resources investigation obtained by The Apopka Chief through a public-records request.
“Commissioner Anderson then stated that staff had acted unprofessionally and that she was a ‘professional’ upon whom people relied,” Howell wrote. “She also stated that the otherwise unpermitted uses should be approved because of staff’s alleged mistake.”
Howell wrote that the applicant said the city had cost him $70,000 after staff initially indicated his proposed uses would work but later found they were not permitted. Howell said no approvals had been issued and the plans had to comply with the city’s comprehensive plan and Land Development Code.
Howell alleged that Anderson told him he was wrong and said City Attorney Cliff Shepard would “back her up.”
Howell also wrote that Shepard later confirmed Howell had correctly applied the law and provided Anderson with applicable case law. The city did not answer questions from the Chief seeking to verify that account.
Sohn wrote that Anderson’s statements diminished staff’s professional judgment, leaving him embarrassed and uncomfortable. He said she appeared to support the applicant and encouraged him to approach the City Commission, but acknowledged he could not conclusively determine her intent.
Hamza characterized Anderson as verbally attacking planning staff, calling them unprofessional and saying the department should approve the project.
Anderson said she attended the meeting as an elected commissioner performing constituent and community advocacy, not as the applicant’s agent, employee or representative. She said she received no compensation and expected none in connection with the matter.
“Professional disagreement is not misconduct. Accountability is not intimidation. Advocacy is not bullying,” Anderson said in her written response.
She disputed the employees’ account that she advocated approval. “I asked [questions] only,” Anderson wrote in a follow-up email. “I never stated anything should be approved or not be approved. That was never a discussion.” She did not directly answer whether she used the word “unprofessional” to describe staff or its handling of the application.
Anderson defended directing the applicant toward the City Commission, saying residents and businesses have the right to seek review by their elected governing body when an administrative dispute cannot be resolved.
She said she declined to participate in the HR review because she believed it was appropriate to reserve her response and address the matter through what she called the appropriate channels.
Human Resources Director Joe Patton summarized the employees’ accounts in an Aug. 19 memorandum to interim City Administrator Radley Williams. Patton recommended that the matter be referred to the Florida Commission on Ethics for review.
The city said Wednesday that it has not made such a referral. The Florida Commission on Ethics said in an email that it has no public record of a complaint against Anderson but could neither confirm nor deny whether a confidential complaint exists.
In response to questions sent to Shepard Wednesday, city spokesman Steven Montiero said the HR findings represented the city’s documented response.
“The City of Apopka expects all employees and elected officials to conduct themselves professionally and is committed to ensuring that every employee is treated with the utmost respect and dignity,” Montiero said in an email copied to Shepard.
The Adam Retail Plaza project is on hold while the city awaits a resubmittal, according to the city.