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Monday, October 16, 2006

City attorney's advice is called into question

By John Holland
South Florida Sun-Sentinel
Posted October 14 2006

HOLLYWOOD · Dan Abbott has received plaudits and big raises from his bosses during seven years as city attorney. Now a growing controversy involving two of the city's most powerful elected officials is bringing new attention to his legal advice.

The arrest and suspension of City Commissioner Keith Wasserstrom have enveloped City Hall and Abbott's office. Wasserstrom said he relied on Abbott's advice every step of the way while lobbying for a sludge processing company that won a large city contract.



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Wasserstrom, who is also a lawyer and was then partner with Mayor Mara Giulianti's son, is accused of entering an agreement to influence his colleagues in favor of a company seeking an $18 million city contract. Wasserstrom and Mayor Giulianti abstained from voting and saw nothing wrong with the deal, and neither did Abbott, who repeatedly assured Wasserstrom and commissioners that the situation was legal.

Prosecutors disagreed. The Broward State Attorney's Office charged Wasserstrom with felony unlawful compensation and four felony counts of official misconduct. He is scheduled to appear in court on Oct. 26 and faces up to five years in prison if convicted.

The investigation also revealed that e-mails between Mayor Mara Giulianti and one of Wasserstrom's business associates in the deal disappeared. Abbott said it is not certain whether the e-mails were public record, since they were generated on her personal computer.

The state Attorney General's Office said the law makes it clear that they are public. Either way, they are gone and can't be retrieved, Abbott and the mayor said.

Now at least one city commissioner is concerned about the future of the affable and well-liked attorney.

"I think he's doing his best right now, but he's really stuck in kind of a triangle," Commissioner Sal Oliveri said. "Mara's using her excuse saying she got all her information from Wasserstrom, and Wasserstrom's saying he relied on Dan. And Dan had to rely on what Keith told him as the truth.

"I'm just thinking it looks like Dan's being set up as the fall guy in all of this," Oliveri said.

Abbott declined to comment on Friday. Giulianti, who has said she would only respond to written questions, did not reply to e-mailed questions about Abbott or his performance.

During his time as city attorney, Abbott has received stellar performance reviews from commissioners who praised his legal advice, courteous demeanor and desire to please his bosses. Abbott can be removed at any time if five of the seven commissioners decide to fire him.

During his most recent performance evaluation, Abbott, 43, received strong marks, with most commissioners giving him 9s and 10s on a scale of 1-10 in most categories.

"Dan continues to give excellent advice to this commission. I appreciate his articulate and comprehensive manner," Commissioner Beam Furr said. "The city has been well served during his tenure."

Giulianti wrote that "You are very bright and competent" and gave him a score of 10 for "giving meaningful advice to the commission" on legal issues.

Abbott, who makes $150,384 per year -- up almost 50 percent since 2001 -- grew up in South Florida and is married with a daughter and a stepson. He graduated from Vanderbilt in 1988 and became the city's chief litigation counsel in 1995.

On Jan. 1, 1999, he was named city attorney and is one of the most liked and personable people at City Hall, according to colleagues and employees across the city.

But the office has gone through a spate of losses in high profile cases. In the past two years, the city has lost a federal lawsuit to the Chabad Lubavitch, a $2.2 million lawsuit filed by two police officers who claimed age discrimination, the Mach family's eminent domain fight, and an attempt to evict Sean Cononie's homeless shelter.

Commissioner Cathy Anderson said this week she wouldn't speculate on Abbott's future, but respects what he's done for the city. "There's a lot going on now, but I don't have any problem at all with Dan," Anderson said. "We've had disagreements over things, but I do know he's a good man."

John Holland can be reached at jholland@sun-sentinel.com or at 954-385-7909.

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