A tumultuous few weeks in Apopka came to a sudden and surprising close as Michael Rodriguez, the embattled City Attorney, announced his resignation at the end of the City Council's May 3rd meeting.
After the Council discussed his removal during the City Commission Report, Rodriguez made the following statement:
"At this point, I have serious concerns about the directions this council is taking and the means of which certain things have been communicated," he said. "I ultimately fear that I can no longer ethically represent this council. I fear this council may be on the verge of conducting ultra vires actions, and I cannot remain as its city attorney. Therefore I am tendering my resignation so I can save you some money. I will make arrangements with the Human Resources director to finalize the matters. I will save you the time. I will assist in the transition to bring in a successor Council, and I will basically tender my resignation and proceed forward pursuant to Florida State statutes."
A legal phrase used by Rodriguez in his statement, "ultra vires", according to the Merriam-Webster online dictionary, is defined as:
"a Latin phrase used in law to describe an act that requires legal authority but is done without it. Its opposite, an act done under proper authority, is intra vires. Acts that are intra vires may equivalently be termed "valid", and those that are ultra vires termed "invalid"."
Rodriguez and Mayor Bryan Nelson were under increased pressure after the City Council voted 3-2 to remove him at the April 5th meeting. Nelson described that vote as ceremonial and retained the city attorney.
"It's just a ceremonial vote," Nelson said on April 14th. "They (the City Council) have no authority to fire anybody."
That shifted the issue into a debate over the wording of the Apopka City Charter.
"My interpretation of our Charter permits the collective City Council, of which our Mayor is included as part, the ability to fire the City Attorney, which we did at our last meeting with causes stated by three of the majority members," said Commissioner Kyle Becker. "Clearly, we will need to take further steps to make that a reality. It appears the Mayor seeks the will of our Council only on topics convenient to him."
At the April 22nd meeting, the City Council voted 4-1 to pursue a declaratory judgment to remove Rodriguez.
But the sudden and surprising resignation by Rodriguez brings to a close, at least for now, the battle over the Charter's meaning as it relates to the role of City Attorney and the will of the City Council.
Rodriguez was hired as City Attorney and ratified by the City Council in May 2019.
This is a developing story and will be updated in future editions of The Apopka Voice.
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MamaMia
Reggie, you left part of the city attorney's statement out when he resigned. I am not writing in all down, but I will tell everyone to listen for yourself. Type in Apopka City Council Meeting, May 3, 2023, on You Tube, that is how I bring it up. Slide the arrow to the very far right, almost the end, and you will hear what the city attorney said. This is not his complete statement above Reggie. He refers to he can't ethically represent the council, because of his concerns the direction the city council is taking...Yeah, listen for yourself.. If you read this Michael Rodriguez, I am sorry, that our city is going down the toilet, because of those 3 part time commissioners, especially the one who thinks he is the best thing since sliced bread, but ain't, and I am sorry you resigned, because it is our city's loss, not yours, and I will miss listening to your legal advice. Sorry, I never met you, but this city council is beyond the pale, and is out of control, and it is not the mayor's fault, it is the troublemaker, who doesn't know his---- from a hole in the ground, arguing constantly about anything and everything. And this long winded talk he gave before the Miller Ale House item with Jean Sanchez was not about citizens' concerns over growth, no, no, no, that was nothing but tooting his own horn,and seemed like a campaign speech!!! You were alleggedly campaigning on city council time!!! He also wants us citizens to pay for a very expensive legal woman to challenge the city charter. Listening to Becker, I would never think he represents the city, as he is suppose to, and what he was elected for.
Wednesday, May 3, 2023 Report this
MelissaW
HahahahahaHAHAHAHA good riddance!
Wednesday, May 3, 2023 Report this
wheresthepopcorn
1. reggie read your line about mr rodriguez helping fund new council….shouldn’t have t be counsel. m
Well I am goad I has butter on my pipcorn and some M&Ms….
Me. Becker seems to think he is an attorney.and a very rude one at that.
Valesquez is all worried about her “feelings” Give me a break!
And the clapping from the peanut gallery is disgusting. I am embarrassed to live amongst y’all. Have some class! Except you MamaMia.
Good luck finding new counsel…the mole makes this city and council
look they hell and no one will want to work there. You want help from the mole…tell him to take down that harassing crap so we can get a new atty!! You are an idiot with your puppets.
Y’all are goung to be stuck with Rodriguez if you don’t clean up
social media and Becker stop being well Becker. You are scaring people away
Wednesday, May 3, 2023 Report this
MamaMia
I want to talk about the city council discussion today on the city trying to annex the private family cemetery into the city, and the owner turning it over to the city, possibly. This cemetery has been there a very long time, and it is in the county. It is off Plymouth Sorrento Road, down Joey McGuckin Road. Joey was a young soldier who got killed in the Vietnam War at age 19. He was an Apopka native, and the road leading to the cemetery was named in his honor The cemetery is The Bay Ridge Cemetery. The council, along with Radley Williams, a city employee, and the city clerk, want to take the cemetery over from the owner, and fence in the property, and annex it. Then, the talk progressed to questioning whether the cemetery was still active. I know that for certain, there have been recent burials. My husband's uncle was buried there in Feb. of 2014. My husband's grandmother, and grandfather, are buried there, as well as his other uncle, and aunt, as well as his cousin, his wife, and their two children, who were killed in a auto accident near there, on PSR, right before Poncan Rd. heading south. It isn't too bad about the city taking it over, and fencing the cemetery, but they want total control of the cemetery, and want to stop further burials, and designate it a historical cemetery. Commissioner Nesta jumped on the historical designation subject, wanting to make money off of grants, by designating it historical! Even Becker was disrespectful, when he said there are assets out there! I wonder how many living relatives of those people plan to be buried there, when they die? My husband's uncle, who died in 2014, had six children, 18 grandchildren, and 14 great grandchildren. This is just from one man buried there, and there are many many living relatives, of others buried. So just because the city council, who have dollar signs in their eyes, and other city employees involved.... you don't show any respect for those who passed before you, or to the existing families. My husband, and I, aren't going to be buried there, as I own two deeds to cemetery plots, for my husband, and myself, out of state, and we will lie next to my mother, and father, so you aren't spiteing us, but to the other relatives of my husband's family, it is a shame you all just had to get your greedy hands into something that you shouldn't have. I believe this is because of pressure put on the cemetery owner, and the new developments encroaching nearby.
Wednesday, May 3, 2023 Report this
MamaMia
Reply to wheres
Wednesday, May 3, 2023 Report this
MamaMia
Reply to where's the popcorn:. Now we know why there is a board game called WHACK-A-MOLE...LOL!
Wednesday, May 3, 2023 Report this
wheresthepopcorn
I loved seeing Becker yell at Mr. Rodriguez on he News! The charter can not be amended by the attorney general. That is up to you the voters! They would still gave to hire an attorney
Thursday, May 4, 2023 Report this
MamaMia
Reply to where's the popcorn:. I saw that on tv news, where Becker was yelling at the city attorney, and saying he didn't value the attorney's legal opinion, then the attorney responding back that you don't have to respect me, but you have to respect the law. Then a clip of Dennis and his recall stating that the attorney doesn't have to respect him (Dennis), but that the attorney disrespects the elected officials! Unbelievable! We see right there on that video who is the one who disrespects...Becker! There are so many dirty dirty low down people, who are playing so innocent in all this recall crap, and those commissioners need replaced! They are low down, and not holier- than- thou. TV news just reports on the crap they all spout, but not the truth, because the tv news just shows up when they hear the chaos. Example is they reported about the turbulent council meeting today, but it is like that every single council meeting! It is getting old and stale. The biggest crappy thing in that recall is in the end, when Dennis claims the mayor is a dictator! When the one guy refused to quit talking today at the meeting, and refused to go sit, don't you think a dictator would of had him escorted out by the APD? I see where the tv news asked for comments from the council afterwards, and no one got back with them, except Becker, who said, no comment. Since when has Becker ever had no comment? He runs his igmo mouth non-stop! I am fed up with him, and those uncultured cronies, occupying the council podium continuously. Sickening. They are ruining this city!
Thursday, May 4, 2023 Report this
wheresthepopcorn
MamaMia They have already ruined it.
Thursday, May 4, 2023 Report this
JimNisbet
So the City Attorney is resigning because he believes the Council is about to act outside the law (news flash, already broken a few Sunshine laws with emails... No articles on that...) and the crowd assembled applauds... This is the definition of stupid. Stand in support of your elected officials acting outside the law... Idiocy... Or massive corruption!
Thursday, May 4, 2023 Report this
Richard
Good riddance. Now the Fire Chief needs to follow. As far as his comment of saving the city money by resigning, he was fired three weeks ago. He owes the taxpayers of Apopka three weeks of his salary for illegally occupying a position in city hall. Keep the popcorn buttered, it’s only getting better.
Thursday, May 4, 2023 Report this
wheresthepopcorn
Y’all should be out there finding a new attorney while you work on that recall. The attorney doesn’t want to be there more than you guys want him out.
Thursday, May 4, 2023 Report this