The Apopka City Council, at its June 21st meeting, learned that Apopka City Attorney Michael Rodriguez is still employed by the City, despite resigning at the May 3rd Council meeting.
It's also counter to what Mayor Bryan Nelson told the Council at the previous meeting.
Commissioner Nick Nesta, at the July 7th City Council meeting, asked Nelson a very direct question during the city commission reports:
"Just to understand completely... Attorney Rodriguez (City Attorney Michael Rodriguez) is no longer employed by us, correct?"
"As of today," said Nelson. "As of 1:30... yes."
Then, at the June 21st City Council meeting, the Council voted 5-0 (including Nelson) to approve the minutes from the June 7th meeting, which included a similar statement:
"Commissioner Nesta asked for clarification that Attorney Rodriguez is no longer employed by the City, and Mayor Nelson stated as of today."
"At this point, I have serious concerns about the directions this council is taking and the means of which certain things have been communicated," Rodriguez said on May 3rd. "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."
Rodriguez was hired as City Attorney and ratified by the City Council in May 2019.
The revelation happened at an unlikely point in the meeting - the consent agenda.
"We have 11 items on the consent agenda," Nelson said. "Does anyone need to pull an item?"
"Yes," said Nesta. "Number one for me. It's the 18 East Station Street Code Enforcement Lien. I never got any answers about what that's about or what that's from. Code enforcement didn't know what that was, either. So I don't know how that got on here. Somebody had said, I guess that, and this leads me to something very important that, I guess, former City Attorney Rodriguez put this on here?"
"I don't know," said Nelson. "I don't know how it got on there."
"Do you know what it is?" Nesta asked.
"No," said Nelson.
"Well, that leads me to... speaking about the city attorney directly... let's go through a timeline here. On April 5th, we had a 3-2 vote to fire him. On April 19th, a 4-1 vote to seek additional help to look at our charter. He resigned on May 3rd very abruptly and aggressively here and then tendered his letter the next day. And the last meeting, I specifically asked, 'Is he no longer employed here?' And you (Nelson) said as of 1:30 [pm] that day he was no longer employed by the City of Apopka... so is he employed by us, or is he not?"
"He is," said Nelson.
"How is that possible?" Commissioner Kyle Becker asked. "It's in the minutes that we just passed that you said his employment ended as of that day."
"He hadn't signed the agreement," Nelson said.
"That doesn't matter," Becker said. "Mr. Rodriguez voluntarily resigned. He resigned effective May 3rd. So if you want him back as an employee, he has to go through the ratification process again.
Nesta then asked Nelson about the payments Rodriguez was receiving after his resignation.
"He quit... Do we continue to pay him?"
"Yes, he's working for us," said Nelson. "He spent two hours with me today."
"I've sent emails that he's cc'ed on," said Nesta. "I've asked very specific things, and he's never responded. Is he working for you or working for us?"
"He's been absent the past three meetings for the past two months," said Becker.
"Because he doesn't want to deal with the Council," Nelson said.
"So he gets to pick and choose what job he gets to do?" Nesta said. "He works at the pleasure of the Council. Talk about working outside of the city charter, which he loves to spout. This is just crazy to me. Did he quit? Or is he still our attorney?"
"He's working behind the scenes," Nelson said.
"In perpetuity?"Nesta asked.
Nesta asked Nelson about the separation agreement that Rodriguez had yet to sign. Nelson said that Rodriguez was employed until July 3rd and that he would receive 10 weeks' salary as severance compensation. But Nesta corrected those figures.
"I was able to get some documents," he said. "He's gotten paid very similarly every single week, except for last week, where he cashed in his PTO (Paid Time Off), around $7,000. From there, he's getting paid [through] June. July 7th is his termination date. And it's 13 weeks of his base salary, which is somewhere between $35,000 and $40,000. And he's getting paid to leave on top of the PTO on top of all these payments again, that he's not working for the Council. I had a lot of legal questions and have not had a single word... I haven't had any responses. So again, I don't know who he's working for right now. And I don't know how he's getting paid right now since he doesn't work for any of us."
The Council also debated what it could and could not do in regard to the City Attorney position, but Becker summed up the situation it found itself in.
"He voluntarily resigned on May 3rd... so even if you dispute the action that we took on April 5th, he voluntarily resigned on May 3rd. So that's an immaterial argument to this conversation. When he resigned on May 3rd... hey, cut him a check for his accrued PTO. Thank you for your service, and on to fill the city attorney position and move forward. But clearly, we can't do that. We've got to play games here."
"We aren't playing games," said Nelson.
But Nesta agreed with Becker that games were being played on the Dais.
"I have his resignation letter right here," said Nesta. "I mean, it's just, this is just pure insanity. And these kinds of games make these meetings so much longer. I know everyone complains that they're so long, but it's these games right here that the voters don't want. And they've actively said that. They don't want long meetings. It's because we have to take deeper dives into almost every single thing that we do because there are games being played. The voters elected us to do ethical things, and we're supposed to vote in that correct way. I just can't get over it. This is acting outside of the city charter. So I don't know where we go from here. I mean, this is really bad. Actually, I just think ethically, the ethics behind this are really shady."
This is a developing story and will be updated in future editions of The Apopka Voice.
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Richard
Total incompetence with a mayor caught lying again to the City Commissioners. There are some serious ethical problems with what is going on behind the scenes at city hall. As Commissioner Alexander Smith said “ the guy resigned “. Why would you give an employee who resigned and tendered a resignation letter a lucrative separation agreement with thousands of taxpayer dollars ? Nelson said he crafted the agreement that will give the former attorney 13 weeks of pay costing Apopka taxpayers more than $37,000 dollars. I’m pretty sure there are other needs in Apopka that would benefit from that money. As a city taxpayer, I’m totally against this buyout.
Thursday, June 22, 2023 Report this
MamaMia
Richard, Maybe you should be questioning why he resigned, in the first place. Talked down to, disrespected, disregarded, and shouted F- U words at him by Becker. So much crap was thrown at him from Becker, then the other commissioners, following Becker. Becker can't get along with anybody. Becker just wanted to make the mayor look bad, since Becker lost the mayor's election, and this mess is the end result of his vengance. Becker is the worst city commissioner in the city's history. We needed the city attorney. The mayor kept him on, to work on needed legal work out of the public view, just like Cliff Sheppard, our former city attorney under Mayor K. who is still there behind the scenes, working for the city. The mayor had said that he was going to help with the transition until another attorney comes on board Nesta, has questionable common sense, as he jumps before he thinks, with his ready to make a motion to hold back Rodriguez's pay. What a joke! Let's hold back Nesta's pay check from the city, and see how he would like it! The mayor knew how deranged the council would get keeping the attorney for awhile, so he kept quiet. Nothing unethical. By the way, did the commissioners ever attend those classes the mayor wanted them to go to, the hostile workplace ones? If not, why? My other comments are posted under the hope White House article on this website if they are still posted, that is. I will have to see, I just woke up.
Thursday, June 22, 2023 Report this
BETTERAPOPKA
MamaMia-
Would you argue anything?? Did you see this meeting or are you just that out of touch?? Truly, your condition is beyond understanding. You would argue if the sky is really blue I’m sure.
Thursday, June 22, 2023 Report this
MelissaW
The fact that this fired-but-ceremonially and resigned-but-not-really former city attorney is still employed with the city and will be paid severance is outrageous. Who approved this? The private sector doesn’t provide severance on voluntary resignations. The standard PTO and sick time payout is normal, but this is mind boggling.
Thursday, June 22, 2023 Report this
MamaMia
These long city council meetings that the public doesn't want are caused by the "games the commissioners are playing"...just look at that crap by Becker wanting to hire the high price attorney, Hala, first name, out of Tampa to cost the taxpayers to question the mayor's authority. Good grief, look at that long, long, list of her crediduals, Becker read. Crap like that, that was not necessary to take up time on the council. Becker's unnecessary long long self horn tuting talks . I am fed up, as a citizen of this city. The public comments are another subject too, but they have their rights to vent. Becker is the culprit, he has ruined our council. I listened to his letter he read last night. Too bad, he wasn't resigning right then. Another "game" he was playing ......to get the limelight spotlight just focused on himself
Thursday, June 22, 2023 Report this
MamaMia
Melissa, but this is the public sector, not the private sector. This goes on all the time at the other cities, these type of pay offs when leaving. The mayor approved this. The council didn't need to approve it. Gosh, I really wish that people would Google strong mayor forms of government versus honorary mayor's, etc
Thursday, June 22, 2023 Report this
MamaMia
Better Apopka, Well who are you? Yes, I watched the city council meeting right on my cellphone. It was the same as always. My condition? What is your condition? Actually the sky is a little grayish, not blue...lol
Thursday, June 22, 2023 Report this
wheresthepopcorn
I blame Becker his follower velasquez, nesta and the mayor. and mr mole, no one is threatening anyone on these articles. Reggie doesn’t delete or block anyone who disagrees with him, You need serious help. This council has been run by social media. It’s ridiculous.
Thursday, June 22, 2023 Report this
wheresthepopcorn
He did not quit, he resigned and not aggressively or yelling. He was very firm but not aggressive. Becker is aggressive. Florida Statute says 20 weeks. Just give him the money and move on. no attorney will ever work for the city of apopka based on these events. I heard someone with withdrew their application
Thursday, June 22, 2023 Report this
wheresthepopcorn
in the private sector there is no statute but most law firms do give severance. Other city and county attorneys get 20 weeks
Thursday, June 22, 2023 Report this
whackamole
@maylinna eddie poirer the mole is not a journalist and never will be.
Thursday, June 22, 2023 Report this
maylinna
I looked up the word, narcissist in the dictionary and found a picture of the mayor. he definitely needs some professional help in a lot of ways.
Thursday, June 22, 2023 Report this
Florian
Allegedly Rodriguez believes that the truth doesn’t matter, we live in a post truth world, and his client is a 5 headed beast that only answers to one thing and that is can they get the most votes to stay in office.
What city would want an attorney who doesn't believe in the truth, and is so disrespectful to his employers?
Rodriguez' career shows a pattern of short term appointments, he doesn't last long anywhere, and an attorney who goes from the private sector to the public sector is clearly on a downward spiral.
If he wanted to resign with dignity, he should have come to a fair and equitable agreement with the council and the announcement made officially at a city council meeting.
Shouting out his resignation the way he did was totally unprofessional, working covertly for the Mayor, and attempting to get $50k of taxpayers money, looks even worse and is obviously going to be questioned.
Clearly worried about his future after this damaging chapter and milking the city for as much as possible before he finally leaves.
Thursday, June 22, 2023 Report this
whackamole
everyone seems to forget how disrespectful the council has been to rodriguez .
Thursday, June 22, 2023 Report this
MDuran
According to some folks, the mayor can literally burn the city down. He can turn a blind eye in the face of a tragic, preventable death of one of his employees. He can reward wrong doers with perfect performance scores and maximum pay raises. According to some folks that are obviously NOT stakeholders, thinks the mayor is and has done everything right. However, it’s plain to see for anyone that has kept up for the last year, that the mayor is unethical. He has lied to the public on many occasions. Facts that are documented.
@Florian, you are 100% correct. I would like to say that your first paragraph is not an opinion, rather it is a FACT, also documented. The city attorney did in fact say those words.
Obviously the mayor can have an opinion. What gets disturbing is his flat out lies. But the mayor’s supporters will also turn a blind eye to that, but shift the narrative towards a dislike to the commissioners, or some guy with a FB page. In my humble opinion, the focus ought to be on proper management and leadership vs games that are played.
Less not forget. Due to a failure of management and leadership, it cost my son his LIFE. He was killed directly due to failed leadership. Failed management. Failed oversight. A young, promising rookie firefighter caught up in something he didn’t know. He did not know that the leadership in his department and city could not be trusted.
Thursday, June 22, 2023 Report this
MamaMia
Michael, I am curious, who are the "stakeholders" you are commenting about in your posting?
Thursday, June 22, 2023 Report this
MDuran
MamaMia - an "individual that has an interest in any decision or activity of an organization."
Thursday, June 22, 2023 Report this
MamaMia
Michael,. Okay, wanted to be clear on who you considered a stakeholder. Thank you for answering.
Thursday, June 22, 2023 Report this