Overby ousted as code compliance judge

BY PRU SOWERS

KONK LIFE STAFF WRITER

A roller coaster ride to appoint the code compliance Special Magistrate judge ended with incumbent Jeff Overby, who has been the magistrate for over 17 years, losing out to the current alternate, Donald Yates.

Overby had been reappointed to his position by Key West City Commissioners on March 17. However, the commissioner voted two weeks later to rescind that reappointment and start the application process over after Commissioner Teri Johnston inadvertently violated the city’s “cone of silence” ordinance when she contacted Overby by telephone before his commission interview on March 17. Johnston had called Overby asking for information on how many of his rulings had been appealed during his tenure as the city’s first-ever code compliance hearing judge. Under the cone of silence ordinance, no direct communication can take place between commissioners and a job applicant or contractor if the commissioners are the deciding body on whether to hire that person or business.

In addition to Overby, three other candidates submitted resumes during the rebidding process, including Yates, who served as the alternate special magistrate when Overby could not preside over the monthly code compliance hearings. A staff ranking committee was then formed and Yates scored the highest, 442 out of 500 possible points. Overby came in second with 355 points.

“I put my resume in because I think I can do this job. I think I’m very capable of doing this,” Yates told commissioners during their June 16 meeting.

Overby pointed out that of the other three candidates, he is the only attorney who has not represented a client before city officials asking for a code variance or a reduction in a fine imposed for code violations.

“I believe I’ve delivered an honorable, straight-forward approach, that I’ve shown that I’m fair and impartial,” he said.

But there were indications that some of the commissioners wanted a new special magistrate even when Overby was reappointed by a close 4-3 vote on March 17. At that time, Commissioners Billy Wardlow, Tony Yaniz and Clayton Lopez voted to give the job to local attorney David Van Loon, who also reapplied in the second round. Although complimenting the job Overby has done over the past almost 17 years, Yaniz said he had heard comments that Overby was “a little rough around the edges” during code compliance hearings.

Since Overby came in second in the staff rankings, he will be offered the alternative position. In addition to being the current alternative, Yates is also a Special Master for the 16th Judicial Circuit Court practicing civil, probate and family law. As the new Key West Special Magistrate, he will be paid $1,300 per day for regularly scheduled monthly code hearings and an additional $350 an hour for additional time requirements outside of the hearings.

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