Assistant County Attorney Sean Moylan informed Flagler County commissioners Monday night that he was leaving the contest to succeed Al Hadeed as the county attorney in a letter that was notable for its elegance and sense of duty.
There are now just two contenders left: Michael Rodriguez and Martha Segal-George. On July 15, they are interviewed by the County Commission.Scott McHenry was on the short list as well. He pulled away.
Commissioners should know why he was pulling out, Moylan informed them.In summary, he added, “I did not want my appointment or candidacy to create division on the commission.” The last two times the commission debated the position, in mid-June and at the end of June, that division was on display, damaging Moylan’s chances of getting the job. (See: Sean Moylan, Assistant County Attorney, Seems Uncertain About His Lock on Job to Succeed Hadeed.)
Although I was disappointed to learn of the withdrawal, Commission Chair Andy Dance expressed gratitude for his work and acknowledged that he had a valid point. It wasn’t until that evening that he realized the email was on its way. He wasn’t totally shocked, though.
Moylan was prepared to be named the next county attorney by Dance and Commissioner Greg Hansen. Not present were Commissioners Pam Richardson, Kim Carney, and Leann Pennington. At the end of May, four had decided to name Moylan as the temporary county attorney (Pennington had not attended that meeting). When Carney and Richardson were about to formally announce the decision in June, they changed their minds with Pennington’s help.They didn’t want prospective applicants to be put off by the appointment. They stated that Moylan would be appointed to the temporary position in July. Moylan’s decision to withdraw does not rule out that scenario. However, the careless procedure that accompanied the hunt for a new county attorney is indicative of the commission’s ongoing dysfunction.
Following the half-penny consensus to move forward and then retreat, and then the consensus to move forward and retract again, Dance stated today that this is a worrying pattern that she hopes our commission can develop through. Hopefully, that will put an end to a concerning trend so that we can come to a consensus on our choice and proceed without turning back.
There was no doubt about Moylan’s qualifications. In addition to his law degree, he holds a master’s degree in teaching and has served as the assistant county attorney since 2014. However, the three commissioners did not want the county attorney’s office succession to be finalized. Moylan’s star grew dimmer as they discussed it in a series of sessions. His name was not damaged by them. However, they denied his name the entire commission’s trust that it would be required to take the lead.
“I have concluded that it would be best for the County if I continued to serve as the deputy to the lawyer you ultimately select,” Moylan wrote. Don’t worry, I’ll use my institutional expertise to educate the new lawyer on the various problems the County is facing. I wanted to position the office as favorably as possible when I applied for the County Attorney position. I have the same reason for dropping my application.
He understood the commissioners’ apprehension that designating an interim could deter future applicants. “That problem has been fixed,” he wrote. There can be a lag between when Al’s retirement officially begins and when the new County Attorney can start working for you. In order to facilitate a smooth transition to the next permanent attorney, I would be pleased to serve as an interim. Deputies are responsible for this. After 27 years of service, including two terms as county attorney since 1990, Hadeed will retire on August 2. He had supported Moylan’s campaign.
Hadeed stated today, “I believe that by resigning, he was loyal to his obligation to Flagler County.” He, I, and everyone else could see that his candidacy caused rifts among the panel. In fact, the County Commissions had passed unanimous decisions twice before I was employed, in 1990 and 2007. I would have retreated if I believed they didn’t share my belief that they could trust me.
Regarding Sean’s standing with each commissioner, I am unable to speak. He is the most knowledgeable about that. Some of the commissioners, in my opinion, simply desired a break from the status quo. Those that are elected frequently do that. However, the commissioners must all have faith in this position because it carries a lot of responsibility. They put a lot of trust in the lawyer. I suppose he felt he couldn’t effectively advice the board because of the polarizing nature.
According to Hadeed, the ideals of the county attorney’s office are reflected in the withdrawal letter. According to Hadeed, we never stop working toward the goals set forth by the county commission. We continue to work for the county’s integrity and well-being despite all of its difficulties. According to Hadeed, the county attorney’s office depends on its standing as a probate agency and on the commission’s trust. No matter how intelligent and competent the lawyer is, if the county conveys that it does not support him or her, it will not be very effective.
For more than ten years, and more so in recent years, Moylan has been the face of the county attorney’s office. He has represented the county on joint boards like the oversight committee on school impact fees, which includes representatives from all local governments; he has successfully resolved litigation with Ormond Beach; he has represented the county on the Old Dixie motel controversy, which has been vexing and drawn out; and he has represented the county on the Tourist Development Council, the county’s Planning Board, and frequently the County Commission. He established a reputation for cooperating with other government lawyers and articulating the county’s stances with civility and clarity that were never confused with submissiveness.
In a field of only eight applicants, Moylan was one of three shortlisted candidates at the end of June for the interviews scheduled for July 15. Three more have applied since, including former Flagler County SheriffJim Mafre,Keith Merritt, an in-house lawyer for Fidelity National Financial in Ft. Lauderdale, andMarsha Segal-George, a senior associate at Fowler, Feeney and Associates, a three-attorney Orlando law firm, for 15 years. (Former Florida Speaker of the House is Senior Partner Tom Feeney.) She has 44 years of legal experience and was Deltona’s assistant city attorney or legal counsel for 15 years prior to her two-year tenure as city attorney.
According to Dance, Moylan’s letter of withdrawal demonstrates his ongoing dedication to the commission and his willingness to take whatever necessary steps to ensure the legal office is operating effectively. Citing his attachment, Hadeed stated that he did not anticipate Moylan, a father of three and graduate of Flagler Palm Coast High School, wanting to leave the neighborhood.
“I’m thrilled about the work we have ahead of us,” Moylan said. I’ve worked for thirteen different Flagler County Commissioners, and occasionally I have to read board minutes from decades ago as part of my job. It has taught me this: the decisions you make in the coming months and years of your terms will have a lasting impact, beyond your actual terms of office and even in ways that are not now apparent. Each of you received tens of thousands of votes. Although it’s a challenging work, it’s also really thrilling.
