By Reggie Connell, Managing Editor
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.
