City Attorney Lysia Bowling advised Mayor Ashton Hayward to settle the William Reynolds v. City of Pensacola lawsuit in September 2015, according to Chief Assistant State Attorney Greg Marcille. She told him that she also advised the mayor that he had the authority to settle the lawsuit without council approval.
Inweekly had asked Marcille to provide any documentation that the mayor’s office had given to substantiate the legal advice the mayor received regarding the Reynolds settlement. He said no documentation was provided, but both Bowling and Rob Larkin of Allen, Norton & Blue told him, in separate phone conversations, that they had given Mayor Hayward the same legal advice.
Marcille was told the City Charter was silent as to who had the authority to settle lawsuits. Reynolds’ employment agreement was between him and the mayor, and the city administrator position is solely under the mayor’s control.
Bowling and Larkin advised that the mayor had the power to settle without council approval. Since the mayor acted on the advice of his attorneys, there was no illegal intent.
The Chief Assistant State Attorney said CFO Dick Barker explained the mayor had the funds available to pay out the settlement.
Marcille also added that Bowling mentioned she may be giving a presentation to the council on the settlement at an upcoming meeting.