McCarty Offer of Help Intensifies Insurance Commissioner Impasse

In a surprise move Wednesday afternoon, Florida Chief Financial Officer Jeff Atwater issued a statement defending outgoing Insurance Commissioner Kevin McCarty's offer to stay on for 45 days until the Cabinet could choose his successor -- an offer the governor rejected outright during Tuesday's Cabinet meeting.
 
"I am disappointed that in its eagerness to replace Commissioner McCarty, the governor's office has chosen to quibble about his resignation letter," Atwater said. "We should take full advantage of Commissioner McCarty's gracious offer to continue to provide consistent and knowledgeable leadership during this period, thereby affording the Cabinet the opportunity for a thorough and well considered hiring process."

The statement intensifies the commissioner-successor standoff between Gov. Rick Scott and Atwater, both of whom must agree on the hire by law. Atwater nominated Rep. Bill Hager, R-Delray Beach, at a salary of $190,000, during the April Cabinet meeting; Scott nominated Jeffrey Bragg at $150,000 on Tuesday. Neither nomination was seconded.

Scott has said he had no knowledge of McCarty's offer to stay on, to allow him to do so would take a reappointment vote, and with hurricane season a month away is interested only in hiring a "fully focused" permanent insurance commissioner.

William Spicola, Scott's general counsel, took up the governor's postion in a memo.

"McCarty cannot unilaterally extend his appointment after he, the governor and Cabinet all mutually agreed that his last day would be on May 2nd," the memo read.

But Atwater's general counsel, M. Drew Parker, wrote right back saying the Cabinet is acting as the state Financial Services Commission, and therefore no vote is necessary.

"Although Commissioner McCarty tendered a resignation letter, the Financial Services Commission did not formally accept the resignation," Parker explained. "Commissioner McCarty, therefore, may tender an amended resignation letter providing for an alternative last day in office."

The hiring process continues during a Cabinet meeting the governor called for 9 a.m. Friday. Attorney General Pam Bondi has said she can be present only on the telephone.