Fort Pierce city leaders appointed an acting city manager Monday night, but the move came with resistance.The search for an acting city manager became necessary last week when current City Manager Nicholas Mimms was arrested and accused of rigging a city bid.City commissioners and the mayor responded, calling a special meeting last Thursday and placing Mimms on administrative leave with pay.At that same meeting, they voted unanimously to name City Clerk Linda Cox as the acting city manager.At Monday night's regularly scheduled commission meeting, making that appointment official was on the agenda.However, shortly into the discussion, Commissioner Arnold Gaines expressed some concerns."I'm having a problem sitting here understanding how, if we go ahead with this, we're not violating state law," Gaines said.Gaines was referring to a state law that forbids someone from holding two government offices at the same time.But City Attorney Sara Hedges told the commission she felt it was OK in this case, because Cox would be acting city manager.In other words, Mimms is still the city manager, and Cox is only acting in the job while he's gone."This is a limited appointment that is going to be rereviewed very shortly," Hedges said.Cox was approved as acting city manager by a 3-2 vote, with Gaines and Commissioner Curtis Johnson voting no.Also at Monday's meeting, commissioners solidified their commitment to hiring an outside agency to conduct an investigation into Mimms' actions.However, commissioners made it clear the investigation would not be interfering with the criminal investigation currently being conducted by the Florida Department of Law Enforcement.They said their investigation would not look into whether Mimms committed crimes but whether he violated his contract or city policy."Our internal process is going to move a lot faster," Johnson said. "Our burden of proof is different than a criminal defense, which is alleged in this case."Commissioners did not provide a timetable for when their investigation may be complete.They did decide to reevaluate Cox's appointment at their Sept. 16 commission meeting.

Fort Pierce city leaders appointed an acting city manager Monday night, but the move came with resistance.

The search for an acting city manager became necessary last week when current City Manager Nicholas Mimms was arrested and accused of rigging a city bid.

City commissioners and the mayor responded, calling a special meeting last Thursday and placing Mimms on administrative leave with pay.

At that same meeting, they voted unanimously to name City Clerk Linda Cox as the acting city manager.

At Monday night's regularly scheduled commission meeting, making that appointment official was on the agenda.

However, shortly into the discussion, Commissioner Arnold Gaines expressed some concerns.

"I'm having a problem sitting here understanding how, if we go ahead with this, we're not violating state law," Gaines said.

Gaines was referring to a state law that forbids someone from holding two government offices at the same time.

But City Attorney Sara Hedges told the commission she felt it was OK in this case, because Cox would be acting city manager.

In other words, Mimms is still the city manager, and Cox is only acting in the job while he's gone.

"This is a limited appointment that is going to be rereviewed very shortly," Hedges said.

Cox was approved as acting city manager by a 3-2 vote, with Gaines and Commissioner Curtis Johnson voting no.

Also at Monday's meeting, commissioners solidified their commitment to hiring an outside agency to conduct an investigation into Mimms' actions.

However, commissioners made it clear the investigation would not be interfering with the criminal investigation currently being conducted by the Florida Department of Law Enforcement.

They said their investigation would not look into whether Mimms committed crimes but whether he violated his contract or city policy.

"Our internal process is going to move a lot faster," Johnson said. "Our burden of proof is different than a criminal defense, which is alleged in this case."

Commissioners did not provide a timetable for when their investigation may be complete.

They did decide to reevaluate Cox's appointment at their Sept. 16 commission meeting.