The hiring and payment of an attorney without the approval of the board of the City of Pensacola Community Redevelopment Agency is an ultra vires act. “Ultra Vires” is Latin for “beyond the powers.” As a legal term, it refers to any act that lies beyond the authority of an elected official or corporation to perform.
Ultra Vires acts fall outside the powers that are specifically listed in a city charter or state law. They can also be any action that is specifically prohibited by the charter or state law.
The CRA chairman did not have the power to sign a contract with a Panama City law firm without the board voting to approve the contract. The CRA administrator did not have the power to approve invoices from the law firm without the board approving the contract. Both acted outside their powers.
It doesn’t matter that some of the CRA board members discussed the need for a attorney or even suggested Pratt and Bray consult with Sale. It’s the votes that give power and authorization, not one or two people offering opinions.
I hope the CRA board members ask Sale about this. Specifically, did Pratt have the power to sign his contract without a board vote?