At its April 5th meeting, the Apopka City Council voted 3-2 to remove Apopka City Attorney Michael Rodriguez. It was a vote that was described as "ceremonial" by Apopka Mayor Bryan Nelson in a later interview.
"It's just a ceremonial vote," Nelson told The Apopka Chief in its April 14th edition. "They have no authority to fire anybody."
But at the April 19th City Council meeting, Commissioner Kyle Becker had a followup response to Nelson's assertion.
"The last of those (April 5th City Council meeting) minutes, we talked about the termination of the city attorney," said Becker. "I see he is present in the council chambers this evening. What's the interpretation of staff and administration as to why that action was not respected?"
"It's the will of the Council AND the Mayor... not just the Council's 3-2 vote," said Nelson.
Nelson is referring to the Apopka City Charter, which, in reference to the city clerk and city attorney states:
Sec. 3.01. - Appointment and duties of clerk and city attorney.
The city clerk and city attorney shall be appointed by the mayor and ratified by the city council. The city clerk and city attorney shall serve at the pleasure of the mayor and the city council.
"I won't speak for the majority of that vote, but we interpret the charter with that ability afforded to the city council and the mayor being part of that city council," said Becker. "That's my interpretation of the charter, and I'll let the others decide whether their interpretation is the same. But since we are at a stalemate on this topic, I would move that we get a declaratory judgment, and we all come back to this council chambers with an attorney that we would like to represent the majority of that vote. The last meeting the administration is not going to interpret it the same as the majority. I would move that we challenge the opinion of the chair and our city attorney and seek a declaratory judgment from a third party if that's the will of the Council. So I make that motion. And but the idea that we come back the next meeting with a list of attorneys that we might think would defend us in that position."
"Before I make the motion on that, I just want to make public that I feel that the vote was three to two, and it was not ceremonial," said Commissioner Diane Velazquez. "I have not found anything in our charter or in the Florida State statute that says that an official vote taken at an official public council meeting can be arbitrarily determined as ceremonial, so I'll second that."
"Obviously, I echo the same sentiment," said Commissioner Nick Nesta. "I just think that we're at a stalemate, so why not just have somebody come in and finalize it one way or the other... let's keep moving. It's not that difficult. So let's just figure it out."
The Council voted 4-1 in favor of the motion, including Commissioner Alexander Smith, who previously voted against the motion to terminate Rodriguez on April 5th. Nelson voted against the motion.
The next Apopka City Council meeting is scheduled for May 3rd.
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MamaMia
Okay, first let me state that I haven't had the opportunity to listen to the city council meeting on you tube yet, however I am looking over the Apopka Voice article here, and I find it absolutely incredible that one of our city commissioners, Kyle Becker, doesn't want to listen to the city attorney, Michael Rodriguez's legal advice, that which he was hired for. He has gone to law school, passed the bar, and has all the credituals and much experience. However, Becker, who is a total hardhead, chooses not to listen to his legal advice. Instead, Commissioner Becker seems to have been listening to people who aren't attorneys, namely the Apopka Mole, up in Boston. He is the one who said to get a declaratory decree or judgement. Yes he did, right on his videos that he posts from Boston. Kyle is ruining our council! I am proud to say, I have never voted for him, and will not in the future, no matter what elected office he runs for. He is the one that is ridiculous. He wants to listen to legal advice out of every Tom, ****, and Harry, just not our city attorney. How disgusting! Frankly, it seems to me, our city commissioners are not representing the city at all, they are just there to represent themselves, and to promote their own agendas, which is to make the mayor look bad.
Thursday, April 20, 2023 Report this
JimNisbet
it looks to me like the City Council is trying to remove everybody. Pretty concerted effort to go after the Mayor in my opinion. Politics. I expect it will backfire next election cycle. Having said that, what is the Councils justification for removing the City Attorney? What mistakes has he made? What has he not done? I voted for a number of the current council members, and I like them. But if they are going to do things like this with no justification except politics, time to replace them.
Thursday, April 20, 2023 Report this
MamaMia
Jim, Becker gave his reason for wanting to replace the city attorney, Michael Rodriguez, because of what he claims to be insubordination Becker claims.that Rodriquez, who is a city employee, as a department head, not a contracted consultant, was rude to him ( a high position leadership role). Becker doesn't mention his own rudeness, and arrogance, to our city attorney, at the city council meeting, in which Becker kept interrupting the attorney, told him to know your place, and told him that he served at the council's pleasure. Then later, Becker and the attorney, behind closed doors, at city hall, got into a stupid spat, started yelling, both of them, and people at city hall could hear the yelling all over city hall. Becker says his wanting to fire the attorney is not personal, but just an HR related thing....???....yeah, that is what he said. Now, as far as the other two commissioners who voted to fire the attorney, they voted that way too, to back Becker, because they are followers, of Becker, the B team. Followers, yes, being lead over the cliff by Becker. They are acting together, as a coup. They are obviously NOT leaders! What the attorney said to Becker, that got to him, was ...Rodriquez told Becker, "to grow up and act more like a city commissioner". I guess he called it, like he saw it. Too much drama for a city council meeting, more like an ongoing soap opera. We need some new people to run for the city council, to replace these trouble makers! They are causing shame to come to our city!
Thursday, April 20, 2023 Report this
MamaMia
I have listened to the city council meeting entirely, since last night. I apologize, where's the popcorn, as I got home very late last night, so I took the shortcut of reading the Apopka Voice article about the city attorney, and what went on at the city council. I do trust the Apopka Voice, as to what they report about council happenings about what went on. You are right though. I watch via my cell phone, using up all my allowed data per month, lol.
Thursday, April 20, 2023 Report this
wheresthepopcorn
I thought we voted for leaders not followers. It sounds like the arrogant one in the room is Mr. Becker not the attorney. It also sounds to me like the attorney is a very intelligent educated man isn't why they hired him? I went back and watched Commission Meeting from way back. (I have no life just like some other person that shall not be named on social media) Sometimes I think he is so smart they don't understand and feel like they are talked down on rather than trust him for his knowledge of the law. Why don't they nicely ask for them to speak in terms that are easier for them to understand. The worst part about being a public servant is social media. I guess since these are public figures they are free reign. You can say whatever you want and it is not considered harassment. This applies to all of them. One day Social Media will turn on one of them and they won't like it. All of this social media nonsense is going to drive away any potential candidate for City Attorney. Do these commissioners realize how expenses attorneys are? So they are going to hire an attorney to fire the attorney? How much will that cost? Sounds like commissioner Nesta wants to hire outside counsel. Do they realize how much that will cost? They have an in house attorney for a reason. Not for them to harass and let the public harass. Should the city have to pay for the attorney to fire their attorney? or should Becker just raise funds along with his followers? I don't know why anyone besides Becker that want to be Mayor. I don't know why the mayor wants to be the mayor. Why do I want to live in Apopka?
Thursday, April 20, 2023 Report this
wheresthepopcorn
Mamamia I wish I could trust the Apopka Voice to cover this council meeting. I used to that is why I have never commented before. If I trusted that they were reporting the whole story I would not feel the need to comment. I do know. I am here with my popcorn to hear what everyone else has to say to get the real story.
Thursday, April 20, 2023 Report this
JimNisbet
MamaMia, I do recall Becker pleading his case against the City attorney (thanks for the reminder), and it sounds just as childish and petty now as it did then. The City attorney is not wrong. Becker need to put on his big boy pants. Insubordination because he said mean things to him... SMDH...
Thursday, April 20, 2023 Report this
wheresthepopcorn
Richard
Malfeasance v. Misfeasance - What is the difference?
In the context of tort law, “malfeasance” is at a higher level of wrongdoing than nonfeasance (failure to act where there was a duty to act) or misfeasance (conduct that is lawful but harms another person financially or physically due to carelessness or an accident).
Did the mayor or the city attorney intend to cause any harm to anyone? Is the City Attorney being punished just for being the City Attorney hired by the mayor?
Y'all may not like the mayor but the City Attorney seems to be doing his job whether y'all like the outcome or not. Do I like that someone died? NO. Do you think he does? No. I do not think our mayor or city attorney wish that on anyone. Just because they go about their jobs 9 months later doesn't mean they don't care.
Thursday, April 20, 2023 Report this
MamaMia
Whoopie, it worked, and I got another four star rating from the Apopka Voice!!!
Thursday, April 20, 2023 Report this
MamaMia
Richard, Commissioner Alexander Smith voted to keep the city attorney, and not fire him. Last night, Smith's vote, was to just get an answer to the powers of the council in firing decisions. That's all. You are proud of his vote, but with Becker, Velazquez, and Nesta voting for the issue, Smith's vote would not of mattered anyway.
Thursday, April 20, 2023 Report this
MamaMia
Good morning! A recall effort should be launched against Commissioner Becker! For insubordination! Yes, it is true, Becker committed insubordination, in his dealings with the city attorney, and at the city council meeting, plus it is he, who is creating chaos and a hostile work environment! Also, since these recall people are tromping all over the city, going door to door soliciting petition signatures, I have to wonder if they got a permit from the city , or if they are required to get one, for door to door soliciting? The world has gotten so crazy, and I keep reading about people getting shot, just for ringing door bells, or even stepping into someone's yard, and people open fire! Add the political element too, and it could go very wrong! Just saying.....l
Friday, April 21, 2023 Report this
MamaMia
As I ride around Apopka, many of the subdivisions have posted signs at the entrance ways stating, "No soliciting allowed", I believe some signs go even further, stating " No soliciting of any kind" allowed on the premises". I would rather see the Jehovah Witnesses at my door, than these gadflies conjuring up trouble, and trying to overthrow the citizens of
Apopka votes that elected Mayor Nelson.
Friday, April 21, 2023 Report this
MamaMia
Well, the highlight of my day today, is got to meet John Brown, of Fox News, and his very pretty daughter, too. They participated in the Wekiva Island cleanup earlier. I told him I have we been watching him on TV since the Daily Buzz years, when he was on there. I really love John Brown. He said, oh my, that was a long time ago, as my daughter was born back when I was on the Daily Buzz. Wow, he looked even better in person, and I told him he did, and hugged me. That made my day!
Friday, April 21, 2023 Report this
MamaMia
Wheresthepopcorn, I love your name...lol. Eddie Mole is trying to find out your identity. He thinks he is doing something great by disclosing my real name, but everybody already knew my real name, as I told them, and have posted before, also under my real name. He even said we are hiding...lol. He said something like we go under assumed names because we had Facebook accounts and got kicked off Facebook. For the record, I have never had a Facebook account, and never desired one, and I never lived on Welch Road either. Anyway, popcorn, have you ever tried the sweet corn flavored popcorn? It is very good and has the flavor just like the Zellwood sweet corn. I buy mine at Ollie's in Eustis. After I finish the bag, then I don't want any for some time. Try it, and enjoy it, while watching the big show council meetings LOL
Friday, April 21, 2023 Report this
MamaMia
Apopcornka, Fl. or maybe even better, the name Apopcornucopia, Fl. that would match the cornucopia, or horn of plenty, on our city's emblem. Plenty of nuts to go around, too. We will sure need a new name for this city, because the troublemakers have ruined our city's good name, like Becker is doing, with his political in -house fighting, arrogance, and pettiness.
Friday, April 21, 2023 Report this
MamaMia
Reginaplalange, He got rid of the mask,that was supposedly the mayor? I wasn't aware of that. Yes, some of my postings were removed too, but I don't take it to heart I did notice yours was removed, and popcorn noticed it too.
Friday, April 21, 2023 Report this
reginaphalange
if we posted on facebook, he would just delete the comment and block us from what I am told. The city is wasting money hiring an atty to fire the atty. This while outside counsel crap
is ridiculous. Ever heard of the jack of all trades and master of none. The guy can’t be an expert in everything. From what I have read this is a common practice amongst small cities.
Friday, April 21, 2023 Report this
MamaMia
Reginaphalange, The city commissioners don't care anything about saving the city money. All they care about is looking holier-than-thou, getting campaign donations, being re-elected, expanding their base to stay in power, and to fire everybody that doesn't bow down, and kiss their feet, and spreading false innuendos that the mayor is corrupt, to achieve the recall, because Becker lost the mayor election, and wants to be mayor himself. He will do anything to win, no matter what. I bet he tosses and turns all night plotting his next city council moves, or maybe he just listens to the mole probably.
Friday, April 21, 2023 Report this
MamaMia
Can we believe Becker on his word? Not IMO. When he lost his election, he said he was not going to run again for election. Then he hopped right back in, and ran again for the Apopka City Council. When I complained to him of his city council behavior, on the Apopka Voice, and told him his behavior was getting outrageous at the council meetings, he told me, he was unapologetic of how he conducts himself at the city council meetings, then I see later, he did apologize to the city attorney, but still plots to fire him. I would never trust Becker.
Friday, April 21, 2023 Report this
MamaMia
Let's discuss lying. I have heard the subject of lying, over and over and over. I think almost everyone has been called a liar, by this one man, but he says he doesn't lie, so he says. I want to tell you all, that in 1976, when Jimmy Carter got the nomination for POTUS, he went all around everywhere telling everyone that he doesn't lie, and promised to never lie, as president. His very wise mom, Ms. Lillian, as she was known to be called, gave him advice to knock it off, and stop that stuff, of constantly referring to his not lying, and promising not to lie. She said there was no need to keep on like a broken record, with that sing song stuff about lying. LOL
Friday, April 21, 2023 Report this
MamaMia
Wow, I just read the Orlando Sentinel article about the vote by the city council commissioners to fire the city attorney, and where it says in the article, that Mayor Nelson says if those commissioners want to challenge his authority to keep the city attorney, then THEY WILL HAVE TO FOOT THE BILL THEMSELVES FOR FILING A LAWSUIT!!!!! Mayor Nelson says city funds cannot be used to sue the city, itself!!! WOW. I didn't see that one coming, but it makes total sense!!!
Friday, April 21, 2023 Report this
MamaMia
Good afternoon everyone, this beautiful Saturday. How to find and review the article I want the Apopka citizens to see. Type in the Google search bar....Apopka News Break, then when it brings up the various news headlines, look on the left side and scroll down, to about the 129th or 130th news article, about the Apopka City Commissioners still want to fire the city attorney. Read it yourself, where Mayor Nelson says if those commissioners want to challenge the charter, they will have to foot the bill themselves, for the lawsuit. Mayor Nelson says the city will not pay for a lawsuit against itself! There you go! I bet those "3 amigo commissioners" were shocked, as they didn't care, because they thought they were soooo smart, and would cost the city. Following Becker's motion is leading them all over the cliff! I saw the article posted yesterday, and it is still on there today. I don't have the Apopka News Break app, maybe you all do, but you can see it now, so check it out! I had previously said it was a challenge to the mayor's authority to keep the city attorney, but in the article, the mayor correctly states, it is a challenge to the city charter, and the city will not pay for the lawsuit against itself. Makes sense to me!
Saturday, April 22, 2023 Report this
MamaMia
I previously thought the city commissioners could fire the city clerk, but I was very wrong, the city charter DOES NOT give them that authority for their majority votes to fire anyone! That would be just a majority vote, that the motion does not carry, because of the city charter, in how it is written. .....an official vote, but a majority vote, that means nothing! Glad I got clarity on all of this. I wonder if the commissioners are still going to argue over this? It seems like those city commissioners do not respect our city's charter, or else their leader, Becker, is just plain hardheaded, and leading them over the cliff
Saturday, April 22, 2023 Report this
wheresthepopcorn
MamaMia & Friends - The reason the mayor said the vote to fire the attorney was ceremonial is because it was. They just want to put on record they don't like him. They read the charter and sure they can challenge it but that may take a while I hear since they have to get their own attorneys. GoFundMe coming soon.... They just want to put on record their side of the story. The charter reads very clearly. AND
The council will argue about this until they got the mayor or the attorney out or both. Is this what the citizens of Apopka want their time spent on?
Does anyone know what Robert's Rules of Order are? If not look it up. Each person gets a certain number of mins to speak regardless of who you are. The mayor didn't just cut him off, time was up. I hate saying that but it is fact.
Saturday, April 22, 2023 Report this
wheresthepopcorn
I read the Orlando Sentinel Article, they want to fire the attorney for being disrespectful? What a joke. Can we fire Becker?
Saturday, April 22, 2023 Report this
MamaMia
Where's the popcorn, I have heard of Robert's Rules of Order, but I am not familiar with the rules myself. I did Google it and scanned it somewhat, but will have to look at it in greater depth, when I have more time. One person I know, that would know all of this stuff is Linda Laurendeau, who was on the planning commission, but recently retired her position, due to some health issues. She was certified in parliamentary procedures. Very educated on the subject. She chaired one of the charter review committees, back when Mayor Land was in power. It has been quite awhile, but Mayor Land appointed her, because of her knowledge.
Saturday, April 22, 2023 Report this
MamaMia
Yeah, someone needs to talk to the local news reporters, when they show up to city hall for council meetings, to report on TV Apopka City Hall happenings, and let them know about Commissioner Becker's tantrums, his disrespect to the attorney, the staff, especially the mayor, and the fire chief. Let's call it what it is.... insubordination, which is his reason to want to fire the city attorney, but look at his behavior and actions. I
Sunday, April 23, 2023 Report this
MamaMia
Yes indeed, Becker needs to be re-called. Too big for his britches!
Sunday, April 23, 2023 Report this
MamaMia
Where's the popcorn, Becker and his followers, and follower commissioners, are going to have to find a source of big money for filing a very expensive lawsuit against the city. Isn't that just wonderful news?!!!.... Let's see, they could hold yard sales. Oh, but you have to get a city permit for that. I wonder would the city be allowed to issue them a permit for their known cause against the city. Plus, they could only have so many yard sales, as there are restrictions on the yards sale frequencies. They could, the 3 amigo commissioners, who want to fire the city attorney, could go stand in the median, on 436, and Wekiva Piedmont, and beg, with a bucket, for their cause, to get the city attorney fired, or maybe they will decide to USE THEIR DISCRETIONARY FUNDS THE CITY PROVIDES TO THEM FOR BEING ELECTED OFFICIALS! That should not be allowed, as that would amount to the city funding a lawsuit against itself. The mayor said that will not happen! Maybe they will sell off some of their personal belongings. Maybe they will do like disgraced former attorney, Michael Cohen, did for his boss, Trump, and refinance their homes for some equity money, or like you said, GoFundMe. I wonder how that is going to look on that website? No, not a fundraiser for someone's medical bills, or needed surgery, or to repair their home, due to a storm.......no, no, no....a fundraiser for donations, because they are hell-bent on firing the city attorney, because he told Becker to grow and act more like a city commissioner, and they do not have authority according to the city charter, to fire anyone, but because the leader of their pack, Becker, is so hardheaded, and cannot move on, after apologizing to the city attorney, Michael Rodriguez, so he is going to persist on, and possibly use this GoFundMe? It is ridiculous! The sad part is each of these commissioners were elected to represent both the city, and the city residents! Now they all are being led over the cliff by Becker. When if ever, will they stop always going along with Becker, and think for themselves, as council reps?
Sunday, April 23, 2023 Report this
MamaMia
Maybe there are some people passing out the mayor re-call petitions this Sunday morning, in the church donation plates being passed around!!! NOTHING would surprise me to the great lengths these people will go to, to ouste the mayor. I am reading where they have contacted every possible law enforcement group from around here, all the way to Washington DC. Why? I will tell you why......dirty politics, out of the mayor haters.
Sunday, April 23, 2023 Report this
wheresthepopcorn
A reason per day why we should not listen to
people who don’t live in Apopka since They have little if any proof of their allegations.
1. who cares what employees had a relationship with each other. How does that make him a bad mayor.
Sunday, April 23, 2023 Report this
wheresthepopcorn
Reason 2
Who is funding people from out of town to fly in to help with a recall in a a state and city they don't even live in? These people have an agenda and it is not about you the citizens of Apopka, it is about themselves. What is that agenda?
Monday, April 24, 2023 Report this