Commissioner Diane Velazquez is ready to move forward. At the Apopka City Council's May 17th meeting, she wanted to get the city attorney search process to replace Michael Rodriguez on track.
"I want some guidance as to where we go now with replacing the attorney, and we're having a new type?" Velazquez asked. "Are we interviewing for an in-house? Or do we, as a council, decide whether we want in-house or we want to contract an attorney as we once did before we went in-house."
She also wanted to make it known exactly why Joseph Byrd, the city attorney before Rodriguez, had resigned.
"Publicly, it's been said that this council chased away the last two attorneys, and I just wanted to clarify for the record that Mr. Joseph Byrd had resigned," she said. "I actually did get a copy of his resignation. He did not resign based on anything from the council that was in place when he was an attorney. He certainly was not terminated or asked to resign by this council. So I wanted to make that clear that Mr. Joseph Byrd's resignation had nothing to do with this council. To my knowledge, from his letter, he did not resign based on anything from the council. It was contrary to that... he actually gave compliments to each of the commissioners, and basically, it was a family matter for his resignation."
Velazquez is not wrong. In 2020, Byrd was complimentary of Apopka Mayor Bryan Nelson and City Commissioners (at the time) Doug Bankson, Kyle Becker, Alexander Smith, and Velazquez.
In his resignation letter from 2020, Byrd writes:
"The opportunity to serve you, Mayor (Bryan Nelson), this City Council, and the leaders and staff of the City of Apopka has truly been an exceptional experience for me, and I am the better for it," said Byrd. "I have admired the concern and commitment that each member of this City Council has demonstrated in fulfilling your obligations to the citizens that you each represent. You have my respect and admiration."
According to his resignation letter, the Board of Professional Responsibility for the Tennessee Supreme Court offered him a position, which he accepted. Byrd also cited his family's desire to return to Tennessee.
"As you are aware, my family has struggled to settle in comfortably in this area since I accepted the position as the first full-time City Attorney for Apopka. Most of my family lives in Tennessee and North Carolina."
Byrd closed with praise for Nelson and his administration.
"Finally, Mr. Mayor, it has been an honor to serve under your administration. Your experience and knowledge serve this community in ways that perhaps the general public will not be able to see or understand. As you have allowed me to stand alongside of you as your legal counsel in many instances where the heavy burdens of your office pressed in, I can say I have never found a more committed public servant than you who truly cares about his city and in his desire to faithfully fulfill the duties of his office with principled discipline. It has a been a distinct privilege to serve under your administration and work with the City Council and staff of the City of Apopka. Thank you for granting me that privilege."
But Nelson, after hearing Velazquez assess Byrd's reasons, offered a new perspective from Byrd, dated a few months ago.
"I've got a letter from 2023," Nelson said. "It doesn't say, well, it doesn't say that."
Nelson is also not wrong.
After a public records request, The Apopka Voice obtained the 2023 letter from Byrd, and his reasons for leaving are different than his 2020 resignation letter.
In an email response to The Apopka Voice, Byrd says he felt compelled to write Nelson an email about his experiences after watching a video of an Apopka City Council meeting.
In his February 2023 letter to Nelson, Byrd writes:
"I am sorry to hear Michael Rodriguez is facing some of the same challenges that I faced in serving as City Attorney for Apopka. Harassment from social media, people abusing the Facebook pages of my family, and certain citizens and former/current employees taking photos of our home and my wife's automobile only to post them on social media (or giving the photos to individuals knowing they would post them with derogatory language) became threatening toward my family.
Often these behaviors (arguably criminal) were fueled by politicization and misunderstanding or distortion of events at the public meetings. I was accused (on social media) of speaking in an insubordinate manner to Commissioner Becker at one meeting when after three attempts, I tried to keep him from reading from an investigative report that I was asked to provide because, in doing so, he would have violated the non-disparagement clause in an employee's separation agreement signed by all parties, including the employee's attorney. The City could have been liable for the violation. You will recall this is the meeting where I attempted to go privately to Commissioner Becker at the dais after the meeting, and he yelled twice at me: "F$$$ you!" Several staff members heard him that day, I am not sure if the microphone was still on or if it was recorded. One person who lives out of state later posted on social media that I used the explicative to Commissioner Becker and questioned my character as an attorney and minister.
Similarly, there was feedback from individuals on another encounter (unfortunately, I have to point out it was Commissioner Becker again, but I would note none of the Commissioners was so argumentative with me in Council meetings when I was attempting to advise the Council). On this occasion, Commissioner Becker did not schedule a meeting with me prior to the Council meeting to discuss certain settlements that I was reporting to the Council - these settlements involved confidential medical health information. I had to be firm and direct and not answer his questions to avoid violating federal statutes. I was able to later meet with Commissioner Becker and explain how settlements are evaluated, but the damage on social media by some people was done. My attempt to refuse to discuss cases with confidential medical information in the public meeting was interpreted as not being transparent and hiding something.
Although other factors were involved in my decision to resign, the extraordinary hostility and threatening behavior fueled by actions during council meetings was the largest determining factor in my decision to resign. Unfortunately, it sounds like things have gotten worse for my successor. In my opinion, If the City of Apopka hopes to retain qualified professionals, a culture that respects staff needs to be demonstrated by the Commissioners and other public officials in public meetings.
My thoughts and prayers are with the leadership of Apopka and that the shared goal of serving the citizens would properly take its primary place in guiding the actions of each leader."
Byrd was the city attorney for Apopka from January 2019 until April 2020.
16 comments on this item Please log in to comment by clicking here
MamaMia
There you have it! From the horse's mouth! Commissioner Velazquez tried her covering tactic, and as I said, it did not work, as to why the former attorney, Byrd, left. The citizens who keep up with these council meetings know why. I told Becker he seriously needed to reign in his anger and impulsiveness, and that his behavior, as a city commissioner was getting outrageous right here on the Apopka Voice, but he didn't listen to me, he doesn't listen to the attorneys, who represented this city, either. This is why I won't vote for him. I would expect more from someone who was an Eagle Scout, and was raised by a very educated mom, who is, or was a teacher, is what I understand. He is not open minded, forms his opinions about everything, on his own biased beliefs, and is stubborn, hardheaded, and uncompromising. I am not saying I think he is a bad person, no, just a very bad commissioner, who won't meet with the attorneys, before the council meetings, like the other council members, and listen to legal advice from the attorneys we had, and is acting beyond what the city charter states, as to the commissioner duties. He only wants to dominate the council meetings, and get the other commissioners to follow him over the cliff, in this downward spiral of out of control council meetings hitting rock bottom, a total circus. Sorry Apopka, this is ridiculous. The mayor is trying to conduct the council meetings, and city business, but there are so many negative forces beyond his control, but he does what he can, to make lemonade, with the lemons.
Tuesday, May 23, 2023 Report this
MDuran
He is not open minded, forms his opinions about everything, on his own biased beliefs, and is stubborn, hardheaded, and uncompromising. -Sounds much like the mayor in regards to relieving the fire chief of his failed duties.
Tuesday, May 23, 2023 Report this
Richard
Mmm, a letter that says thank you and everything was great when resigning, then after getting another job and a phone call from Nelson this year a different letter. Who cares other than Mia and the cronies. They both sucked as attorneys. Now we learn that advice from Rodriguez is probably gonna cost taxpayers millions in litigation. And what they forget is they work for the taxpayers, not the mayor whoever that may be.
Tuesday, May 23, 2023 Report this
MDuran
I’m no longer going to respond to anyone that hides behind a fictitious name.
Tuesday, May 23, 2023 Report this
MelissaW
From this article, I’m starting to see Becker is a hothead. I still like the guy - I appreciate that he stands up for the residents and isn’t afraid to ask questions and challenge beliefs. If he voices his frustrations without going into expletives, that’d be ideal, though. Also… “He is not open minded, forms his opinions about everything, on his own biased beliefs, and is stubborn, hardheaded, and uncompromising” seems like we are talking about Mayor Nelson LOL
Tuesday, May 23, 2023 Report this
MamaMia
Melissa W. You still like Becker, thats okay, but Melissa, the council makes the laws that we, the citizens, have to live under. Becker is refusing to meet with the attorneys before the council meetings for legal advice, he is ignoring, or saying he doesn't value their legal advice, which he calls opinion, and worse screams out the F-off words to the attorneys. The city can really get into some legal limbo areas, by not listening to their legal advisors, like Becker dismisses their advice, or trying to operate without an attorney, due to Becker and his fellow commissioners "firing them" or running them off, and worse, the commissioners listened to Becker, followed him over the cliff, when they don't have firing power, per the charter. Becker, do you want to deny yelling F-off to the previous attorney? I'll give you the opportunity to respond on here. Go for it......
Tuesday, May 23, 2023 Report this
wheresthepopcorn
WOW Becker won’t read it…but he will comment on it. Talk about unprofessional. I am speechless.
Tuesday, May 23, 2023 Report this
wheresthepopcorn
So there is concern over the mayors salary and what the candidates it will attract. Y'all won't be able to attract a city attorney either based on this letter and all of the other issues caused by someone who doesn't even live in Apopka. Mr. Becker, please read it. The whole council needs to think about this, tell these people to stop. This is a way to make the City better. Let's shut this person down. Dennis, he is a good guy and lives in Apopka. He share a lot of great things going on in Apopka on his page. He cares but he doesn't make memes or harass anyone. I love Apopka, let's move past the anger.
Wednesday, May 24, 2023 Report this
Kathryn
T. Reid aka MamaMia (yes, it’s you…I read the whole exchange that you had with Dennis New when you told him you went to school together when in fact, it was his brother.
Anyway, you and PopCorn need to get a grip. Your comments regarding a “letter” that was written after the Byrd guy just happened to see a city meeting show up on his newsfeed are laughable. Why should Councilman Becker read it? Obviously it’s to stir the pot which you two do every time you comment on here. Everyone else has facts, you have gibberish hiding behind your fake names. Neither of you seem to even care about the current state of affairs in the city and the death of Mr. Duran’s firefighter son at the command of an “no confidence” Fire Chief. I’m out, these fake name threads are of no value to anyone and I have found that most people just scroll on by which I am starting to do going forward.
Wednesday, May 24, 2023 Report this
MamaMia
Kathryn, First, you might as well be a fake name, as you don't give your last name, and anyway, Kathryn, may also be a fake name. I told my name, I am real. Also, it has been a long time since I was in school, and so what, if I got Dennis New, mixed up with his brother, Donald New? Dennis informed me it was Donald, I went to school, and not him. What is wrong with you? Why make an issue out of that? Scroll on, I could care less. I am not one who asked Becker to read Byrd's letter, don't get me confused with another person posting. I don't care if he reads it or not. Have a nice rest of the day, lady.
Wednesday, May 24, 2023 Report this
MDuran
@Karhryn- I agree. It seems very suspect that a former employee would write a resignation letter at the time of his departure, yet waits 3 years later to write a different one. Obviously one of the letters is a lie. So now we are to believe what was now written? Furthermore, why does this person even care? He doesn’t even live here and certainly does not have the pulse of the city anymore. The mayor absolutely reaches out to anyone that will ‘speak up’ for him. His actions should speak for themself but due to poor leadership and poor management that doesn’t translate. You will definitely find only 2 people here that have hijacked this part of the Voice. I too have committed to ignore the comments as they add no value. Won’t answer direct questions and evade the root issues. According to them, they agree with everything the mayor has done is correct and justified, yet it’s painfully obvious that he is a broken mayor. Keyboard warriors at its worse. Weak minded and ignorant.
Thursday, May 25, 2023 Report this
MamaMia
Michael Duran, I stand by statements to you, and also my statement to you, that you are apparently wanting to "fight with me". I have been nothing but respectful to you, and your family. I will have you know, I am not weak minded, nor ignorant. I have posted here on the Apopka Voice a long, long, time as MamaMia, even under the previous owner of the Apopka Voice, Mr. Dale Fenwick. Posting about COA happenings, politics, and things in my life. Way, way before you came on the scene to the city, and I live here. Reggie can remove anything I post, or anybody else's comments, anytime he wants.
Thursday, May 25, 2023 Report this
wheresthepopcorn
I do not think the mayor is perfect and I do not agree with everything he has done. Has he handled the situation with Austin as he should no. If Joe had aired all the laundry when he resigned, michael rodriguez would not have taken that job and neither would anyone. He was looking for another job and got one. I don't think he believed this would happen to another attorney.
I don't know why Wylam is still there....
Thursday, May 25, 2023 Report this
DennisNew
Well I finally got around to reading this and the comments. Don't know how I got drug into it. But as far as shutting me down, let me ask you why? Every person who has a issue has the right by charter to address the city with the issues. Want to shut me down, tell the mayor to repair the city owned property that's not up to code, including camp wewa, the chamber bldg, the forest ave complex, the connelly house, the 8th st. complex, the old carrot house at the muck, so many properties, yet he brags about making almost 1 million dollars in code enforcement fines. Want to shut me down, tell him to publish a 5 or 10 year plan for infrastructure, for public services, for fire service, for police protection. Want to shut me down, tell him to start the replacement of concrete and galvanized water mains, want to shut me down, tell him to removed the money from his buddies bank which lost the taxpayers almost 800K in interest, want to shut me down care about your city enough to speak out on things that are wrong take time to do anything other that criticize those who are trying to get the dictator to do anything for the good of all the taxpayers, not the limited few. Otherwise, like everyone else I have the right of the first amendment, maybe you should use yours.
Wednesday, May 31, 2023 Report this
MDuran
Thank you Mr. New for all you do for the city. There is a constant 2 that brings no value to these types of discussions. It becomes pointless to have an open and honest conversation with them. Questions that never get answered yet the ranting is endless. I know first hand from my short experience being involved with this city how difficult it is to get anything done properly. Even a death of a firefighter at the hands of the department doesn’t change much. My son was killed NOT by a tragic accident. Rather he was killed by a tragic absence of management and leadership. Still, to this day with division chief John Howe’s perfect performance review, the city refuses an accountability, all on the backs of taxpayers. You all pay their wages. All of the AFD administration is well beyond six figure incomes. Enjoy your tax hike. It’s coming.
There is not one person that can deny Austin was killed at the fault of the AFD’s lack of training. Because it’s a fact. Keep up the hard work sir.
Wednesday, May 31, 2023 Report this
MamaMia
Dennis, Don't get me confused with others posting here, as I said nothing about shutting you down. That was another poster, and I believe that person was not referring to you, anyway, but was referring to someone else out of state. I realize you and other citizens have right to speak out on things.
Friday, June 2, 2023 Report this