Will the saga of City Manager Julio Avael's dishonorable removal of Police Chief Ray Peterson ever end? Apparently not. Just last week, Avael and City Attorney Bob Tischenkel filed a lawsuit against former City Attorney Diane Covan for allegedly tape recording a meeting they all attended in 1997. Avael and Tischenkel say Covan recorded the meeting without their knowledge or permission. And that's against the law. And they want punitive damages.
Here's how this latest development links back to the Peterson fiasco: In January 1997, Key West Police Lt. Tom Chapp wrote a letter to the editor that was published in Key West The Newspaper and the Key West Citizen. The letter seemed to condone the firing of guns in Bahama Village on New Year's Eve as a "cultural thing."
Avael, then in the process of building a book of charges against Peterson, seized on the letter as "proof" that Peterson couldn't control his officers. The charge was bogus, of course. In fact, as part of the final settlement with Peterson, Avael admitted that this and all the other charges against Peterson were "unfounded".
But no matter. Chapp was ultimately fired. And he subsequently sued the City for wrongful termination. He hired Covan to represent him.
On March 6, 1997, a meeting to discuss a possible pre-trial settlement was scheduled in Tischenkel's office, attended by Avael and Covan. Covan reportedly slipped in a tape recorder and surreptitiously recorded the meeting. (Shades of Linda Tripp!)
Ultimately, Covan was recused as Chapp's attorney and became a witness in the case. On the stand, she was highly critical of Avael, calling him "ruthless."
But in this town, political payback is often a bitch. This new lawsuit could cost Covan thousands of dollars, win or lose. Avael and Tischenkel will, of course, be using the City's money.
But there may be a downside for Avael. We suspect that, as former City Attorney, Covan has some intimate knowledge about some activities that could be, at least, embarrassing for Avael. But she hasn't been able to talk because of the attorney-client protections. But in their lawsuit, Avael and Tischenkel are suing Covan not only as City officials, but also as individuals. And since the City, not Avael individually, was Covan's client, is it possible that the attorney-client protection may not apply to Avael individually? Can she now tell all without getting disbarred?
We may find out if they push her too far. But, in any event, we're looking forward to another colorful trial where our current and former City officials can, once again, hang out the town's dirty laundry.