ORANGE PARK – Council Roland Mastandrea is requesting town representation to prove that town insurance should cover the cost of a lawsuit he’s in with two residents.

Residents have been divided over the future of the proposed Orange Park Plaza project. Mastandrea sent legal letters to four town residents last May, accusing them of defamation and threatening legal action in relation to Mastandrea’s thoughts on the plaza project. A lawsuit has been filed against Mastandrea in relation, and Mastandrea’s other ongoing lawsuits and the council member believes the town should represent him.

“Through his personal attorney, Councilman Mastandrea has requested the Town assume responsibility for his legal defense in the matter of Peter Johnston and Shirley Johnston v. Roland Mastandrea...currently pending in the Clay County circuit Court,” reads a memo from town attorney Sam Garrison’s office, Bradley, Garrison & Kommando Attorneys at Law.

“If Councilman Mastandrea elects to move forward with his request for the Town to take on legal representation, the Town Council must determine first, whether the litigation arises out of or in connection with the performance of Councilman Mastandrea’s official duties; and second, whether it serves a public purpose. This determination must only be lawfully made by a majority vote of the Town Council.”

A vote wasn’t made by the council during the meeting last week, so it’s still a question of whether this will happen. But Garrison said why he cannot represent Mastandrea because it presents a conflict of interest. The reason Mastandrea is requesting town representation is because the Florida League of Cities determined the lawsuit isn’t covered under the town's insurance policy due to the nature of the claim. Mastandrea disagrees and wants the town to pay for legal counsel so he can prove the League is wrong and that town insurance should cover the lawsuit.

Mastandrea sent letters to the Johnstons in May and threatened legal action less they would repeal the statements Mastandrea deemed defamatory. Mastandra eventually filed a lawsuit against one of the letter recipients. The Johnstons filed their own case against Mastandrea with claims that Mastandra is attempting to prevent them from expressing views protected by the First Amendment.

“Further, Plaintiffs allege on information and belief that Defendant [Mastandra] primarily is actively seeking to prevent, deny or discourage Plaintiffs from expressing views adverse to the Development or exercising their constitutional rights as protected by the First Amendment to the United States Constitution,” court documents read.

“Plaintiffs are genuinely concerned that at any time until May 2022 (when Mastandrea’s lawsuit timing would be up), Defendant may decide to file suit against them as threatened, causing Plaintiffs a serious loss of time and money in their defense, especially if the Plaintiffs choose to exercise their constitutionally protected rights to voice opinions in opposition to the development,” court documents read. “The threat of suit expressed in writing by Defendant is a real threat of immediate injury to Plaintiffs. Plaintiffs deny making any actionable defamatory statements as alleged by Defendant, but Plaintiffs are in doubt as to their rights not to be dragged into baseless litigation by Defendant over the assertions in Defendant’s correspondence.”

Mastandrea said he’s as determined as he is to win the lawsuit because he’s worried that if he loses, it will open up the possibility of other council members being sued anytime they say something or vote for something residents don’t like.

Mastandrea then made a second motion and a second motion wasn’t made so the motion died on the floor. Mayor Alan Watt said he didn’t second the motion because he does not feel this is the route to go. Instead, staff should request representatives of the town’s insurance to come to council and explain why its insurance doesn’t cover what Mastandrea wants it to cover.