Pinellas County attorney fired in wake of Smith scandal
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Tuesday, September 04, 2007

Pinellas County attorney fired in wake of Smith scandal

CLEARWATER -- Pinellas County commissioners Tuesday unanimously voted to fire suspended County Attorney Susan Churuti in the wake of the grand jury investigation over the county's controversial purchase of land from Property Appraiser Jim Smith.

The vote followed more than 3-1/2 hours of discussion over whether to dismiss Churuti, County Administrator Steve Spratt or both.

"My conclusion is that we simply cannot continue to do business as usual," County Commissioner Robert Stewart said.

Churuti's dismissal followed several other motions -- all of which failed for lack of a second -- to retain her, to fire Spratt and to fire both Churuti and Spratt.

Commissioners also voted to publicly reprimand Spratt and to monitor his job performance over the next three months. They did not say exactly what aspects of his performance they will review.

The grand jury report faulted Churuti for her involvement in the purchase, calling her behavior "perplexing and misleading."

Specifically, the grand jury concluded that Churuti had a duty to make it "unmistakably clear" that she could not represent Smith in any way in the transaction. Instead, the grand jury found, she had Smith and County Commission Chairman Ronnie Duncan sign waivers that appeared to authorize her to represent both parties in an investigation into his claim that the county damaged his property. Churuti's role undermined confidence in her ability to provide "unbiased legal advice free from disclosed or undisclosed conflict," the grand jury concluded.

The board's decision came after Churuti addressed commissioners, saying she had not represented Smith either personally or individually, nor did she or the county attorney's office benefit from the transaction in any way.

Her voice sometimes choked with emotion, Churuti admitted that she made a mistake in the way she handled the matter and apologized for actions that did not meet the County Commission's expectations and any confusion they led to.

Tuesday's meeting was the board’s first opportunity to discuss a recent report by a grand jury’s about the county’s purchase of land from Smith. Commissioners voted on June 5 unanimously to buy Smith's 1.5 acres of vacant land along Brooker Creek for $225,000, nearly four times what Smith's own office had assessed the land at for tax purposes.

The 52-year-old attorney had been suspended with pay since July 31.

Churuti became the first casualty in the scandal surrounding the purchase of Smith’s land in the East Lake area of Pinellas County.

The events scrutinized by the grand jury, which are the same that led to Churuti’s ouster, stem from flooding caused by the hurricanes of 2004.

In September 2005, Smith first complained that the county had damaged his property on Brooker Creek while doing flood control work, but he dropped the matter. Then, for nine months, Smith tried to sell the land, described as a "beautiful custom home site," for $400,000. He received no offers.

In March, Smith approached county leaders again, demanding action and suggesting a purchase would resolve his complaint.

Although Duncan signed off on Churuti representing both the county and Smith, but most commissioners didn't know of her dual role until weeks after the deal closed on June 29.

Since Churuti’s role became known she has been the focal point of criticism from commissioners who felt misled by a lack of disclosure.

Churuti has served as county attorney for 20 years. Her salary was $193,015 a year.

Before discussing Churuti's future, commissioners spent about 90 minutes discussing the grand jury's recommendations for improvements to county operations. The recommendations touched on everything from the guidance county employees should have before they go on someone's property to whether the county attorney should even represent constitutional officers such as the property appraiser.

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