by Jim Saunders
The News Service of Florida
The Florida Public Service Commission on Tuesday accepted the forced resignation of its top staff member, adding to two years of turmoil at the regulatory agency.
Tim Devlin’s resignation, at the request of Chairman Art Graham, means the PSC will get its third executive director since a series of controversies erupted in 2009.
During the same period, four of the five commissioners have changed, with only Lisa Edgar remaining. Two of the commission jobs have turned over twice, amid political opposition to appointees.
Also, big changes are coming to the PSC. Graham said Tuesday the agency is eliminating 27 jobs because of budget cuts, and a new law will end the agency’s regulation of telecommunications companies.
The reasons for Devlin’s ouster, which became public Monday, remained unclear despite the commission’s acceptance. Devlin, who has worked 35 years for the agency, did not appear at Tuesday’s regularly scheduled meeting.
Graham requested Devlin’s resignation privately, and the commission did not discuss details. In a one-sentence resignation letter, Devlin indicated a majority of the commission supported the move.
Speaking to reporters, Graham refused to disclose the reasons for the resignation, saying his discussion with Devlin was a “private conversation.’’
“Out of respect for the executive director, I think that’s a private matter,’’ Graham said.
But the PSC chairman adamantly disputed a report in The Miami Herald that said he had talked with Florida Power & Light attorney Ken Hoffman, who urged Devlin’s ouster because the company thought the executive director was too aggressive.
“That article is probably one of the biggest fairy tales I’ve ever read in my life,’’ Graham said.
Miami Herald Executive Editor Aminda “Mindy” Marques Gonzalez didn’t immediately return a call to respond to Graham’s charge, but she told the Associated Press earlier in the day that the information in the story came from two trusted sources. The Herald also said Graham was given time to respond to the allegations before the story was published, but didn’t.
Former Commissioner Nathan Skop, who attended the meeting, blasted the forced ouster and said Devlin was expected to retire in about two years. He said “any excuse offered (by Graham) would be completely trumped up.’’
“I don’t care how he wants to justify it,’’ Skop said. “There’s no excuse for what happened, and it’s absolutely shameful.’’
Skop said the staff plays a critical role in giving independent evaluations of the highly technical issues that go to the commission. He said Devlin was well-respected by other staff members.
Despite Devlin’s departure, Graham said the agency has many mid- and upper-level employees who are experienced in dealing with the issues.
“I think there’s a lot of employees here with a lot of institutional knowledge,’’ he said.
The commission will hold an internal-affairs meeting Wednesday and discuss a search for a new executive director, with Graham appointing Commissioner Julie Brown to oversee the process. Also, Graham appointed General Counsel Curt Kiser, a former state senator, to serve as interim executive director.
Whoever replaces Devlin will run a slimmed-down agency. The 27 job cuts include six in the PSC’s public information office, a move required by the Legislature.
Devlin had long been a fixture as a staff member at PSC meetings before getting appointed executive director in January 2010. He replaced longtime Executive Director Mary Bane, who retired after months of controversy.
That controversy largely started with revelations in 2009 that a PSC staff member attended a Kentucky Derby party at the home of a Florida Power & Light official. But it mushroomed into other issues such as whether regulators had improper communications with utility representatives and, ultimately, with contentious rate hearings for FPL and Progress Energy Florida.
Former Gov. Charlie Crist in 2009 appointed two PSC members, who later had to leave office because they did not get Senate confirmation. Two other lightning-rod members, Skop and Nancy Argenziano, also had to leave the board after not getting re-appointed.