After Four Years and A Six Hour Meeting, Walton County Has An Attorney

Attorney contract details

The county attorney agreement, titled “Retainer Agreement for Legal Services,” sets Adkinson’s base compensation at $50,000 per month — $600,000 annually — plus $400 per hour for litigation services covering all pre-suit, lawsuit, appellate and post-judgment matters.

RELATED: Inside Clay Adkinson’s Proposed Contract With Walton County’s Board of County Commissioners

In addition to base compensation, the County Attorney also receives a percentage of the land value for every title transaction he performs for the County. 

One of the most debated issues in recent months has been Adkinson’s concurrent legal representation of three Walton County municipalities, DeFuniak Springs, Freeport and Paxton, in addition to his county duties. Critics, including some commissioners and residents, have questioned whether conflicts of interest could arise in disputes between the county and its cities.

Both the mayors of DeFuniak Springs and Freeport attended the meeting. Commissioner Dan Curry asked Adkinson directly to explain how he would address potential conflicts.

“I wrote that into the contract,” Adkinson said. “My natural inclination was simply to say that those would be governed by the rules regulating the Florida Bar. The simple reality is this: my firm has represented those cities for a long time, certainly longer than I have represented the county. So if we have handled something for one of the cities that is still in effect for the county, that becomes a point of contention, then your in-house county attorneys are going to handle the county side because I’m already in conflict. I can’t advise you on something that I have already worked on the other side of the case for… Bluntly, I’m not going to lose my law license over a conflict of interest scenario.”

Section 5 of the contract outlines rules for representing other clients and managing conflicts of interest. Adkinson said there has been no history of legal disputes between Walton County and the three cities. Still, the arrangement leaves open the question of who will receive priority representation in a conflict – or if all three will have to find attorneys if one were to come into conflict with the other.

Salary concerns and “sticker shock”

Commissioner Tony Anderson criticized the pay jump. “First of all, I have a huge problem going from $120,000 a year to $600,000 a year,” he said. Anderson asked Adkinson for current billing totals, and Adkinson estimated year-to-date charges at about $450,000 — roughly $40,000 per month.

Commissioner Donna Johns said she initially shared concerns about the salary but changed her view after examining the details. The contract includes no paid time off, severance, retirement contributions or health insurance. “When I first saw it, it sounded like a lot of money… $50,000 a month is a lot of money,” Johns said. “But when I look at all the things he does not get and the fact that in 2016 we were about $1 million [for legal services], and we know that he provides a fantastic service,” the number seemed reasonable.

Termination clause sparks debate

Another flashpoint was the “supermajority” requirement for termination. Section 4 of the contract states that the county can terminate Adkinson only with four affirmative votes from the five-member board, and either party must provide 90 days’ notice to allow for a transition. While no severance pay is included, the three-month notice period amounts to about $150,000 — which some residents compared to a severance payout.

A supermajority vote means four of five commissioners must agree to terminate. By contrast, a simple majority would require only three votes. Several residents objected to the clause during public comment, saying it gives too much job security to the position and is less democratic.

Adkinson defended the provision, noting that the same requirement already applies to the CFO and should cover all three positions reporting directly to the commission.

In a twist, Adkinson himself was hired without a supermajority. Commissioners Drake and Anderson opposed his appointment, while Johns, Curry and Danny Glidewell voted in favor — enough for a simple majority but short of the 80 percent threshold that will now apply to removing him in the future.

Leadership team complete

The commission also approved Kellenberger as county administrator, finalizing a leadership slate that has been in flux for years. 

For the first time in more than four years, Walton County has permanent appointments for county administrator, CFO and county attorney, though the attorney’s contract remains a point of contention for some commissioners and residents.

Questions Remain

Another point of contention that remains unanswered in this saga was the fact that some members of the Walton County Commission held steadfast in their position that they couldn’t find anyone for the job, and that Adkinson was the only one qualified for the position. 

According to documents obtained by Mid Bay News, five other candidates have applied to the position over the past two years, with one candidate, Michelle Blakenship-Jordan, telling us that there has been no communication between the two parties since she applied.

At Tuesday’s meeting, Blakenship-Jordan requested to speak before the dais during the “citizen request” portion of the meeting. She had three minutes to state her case. Once finished, no one on the board asked follow-up questions.

Residents in attendance also brought this up during the meeting, yet commissioners failed to address those concerns during the meeting. 

Steven Saul is the Walton County reporter for Mid Bay News. For a news tip or comments, email him at steven@midbaynews.com.