Apopka City Council

Nelson pessimistic on finding new city attorney

Apopka City Hall.

Posted Thursday, May 11, 2023 2:08 am

From Staff Reports

It's been a week since City Attorney Michael Rodriguez surprised Apopka with his sudden resignation at the May 3rd City Council meeting.

“I fear that this council could be on the verge of conducting ultra-various action,” said Rodriguez. “I cannot ethically remain as its city attorney. Therefore, I’m tendering my resignation to save you some money. I will make arrangements with the HR director to finalize the matters, I’ll save you the time.”

According to Apopka Mayor Bryan Nelson, Rodriguez will remain as city attorney until May 17th.

The Council voted 3-2 to remove Rodriguez from his position at its April 5th meeting, but according to Rodriguez and Mayor Bryan Nelson, the Apopka City Charter required both the Council and the mayor to agree to fire a city attorney.

That triggered a debate over the Charter's wording on who the city attorney answered to. In the section about the city administrator, attorney, and clerk, the Charter 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.

Do you need BOTH or EITHER the mayor and/or city council to remove the city clerk or city attorney?

With Rodriguez resigning, the Charter debate can be left for another day, but Nelson is concerned that the Council will be ineffective without a city attorney.

“It’s going to slow down the whole process about how city government works,” Nelson told Spectrum News 13 in an interview this week.

Nelson also thinks it will be difficult to hire a new city attorney, given the adversarial nature of the City Council.

“I think we’re going to have a hard time finding somebody,” he said. “If an attorney were to look at the last year or so worth of city council meetings and the animosity and discord we have, I’m not sure why anybody would want that job.”

Rodriguez becomes the second city attorney to resign under Nelson's time in office. The first was former City Attorney Joseph Byrd, who was hired and ratified by the City Council in January 2019 and resigned in April 2020. Rodriguez was hired and ratified by Council in May 2020.

The next City Council meeting is May 17th, but according to Nelson, neither Rodriguez nor an interim city attorney will be present.

Keywords

Apopka, Apopka City Council, Apopka Mayor Bryan Nelson, Apopka City Attorney Michael Rodriguez

Comments

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MamaMia

Who has caused these problems with the adversarial nature of the council, and the constant arguing, belittling, and disrespect? I will tell the world, and I am not afraid to speak my mind. It is none other than Kyle Becker, the commissioner/ vice mayor wanna-be mayor! He is the one that has run this city attorney off, and possibly the last city attorney. I heard what people said was what the last city attorney, Joe Byrd, whispered in Becker's ear, as he walked away. I can't tell you on here, as I can't post profanity. If true, I can understand his saying that to Becker. Also, the other two commissioners, Velazquez, and Nesta, aren't working for the good of the residents, the good of the employees, and the city, either, they are there to cause discord, and promote themselves. That is their goal. Nesta is a realtor, and most people are aware that realtors benefit from political connections. He is the commissioner who also stated, shortly after winning the election as city commissioner, that he was embarrassed to be called a city commissioner! The door is wide open, so if you feel that way Nesta, you should resign, like the city attorney did. Velazquez stated that she could work with anyone. This was after the former mayor, Joe Kilsheimer, lost his bid for reelection to Bryan Nelson, who is now Mayor Bryan Nelson. Velazquez told us that she could work with Mayor Nelson, that she could work with anyone, and told us she had worked with many different mayors while employed as a police officer in NY. Now we see the results of her being able to work with Mayor Nelson, and anyone. Ha! These three commissioners have done nothing but brag on themselves, toot their own horns, argue, belittle, and disrespect city employees, staff, and the mayor. Becker even stated he would not work with staff, because they were biased, and for the mayor! They are only interested in unseating the mayor, or undermining whatever efforts the mayor brings forward for our city. They also have a long list of employees, staff, that they want to fire, yet they don't have that authority, per the city charter. So commissioners, if you all, do something illegal, while no city attorney is present, while on the city council, you have no one to blame but yourselves, for causing so much chaos, discord, and causing our city to be a laughing stock, and the poster child of how not to work together as a city council. All over the TV news, and different media! The mayor has a council full of lemons to work with, and he is doing his best to make lemonade, but it is very bitter lemonade, he has to contend with. The mayor is doing his best, to work with what he has.

Thursday, May 11, 2023 Report this
Richard

Mama have you forgotten or just ignored the discord and disrupted attitudes and comments against our previous Mayor Joe Kilsheimer ? The ordained Bradford, Love, and out of towner Rankin constantly blow hearting about something. Then you had Arrowsmith and Dean always taking their jabs at him. Quit crying for Nelson. He brought all this on with his mismanagement and lack of transparency. Get some more popcorn, cause this movie is nowhere close to being over.

Thursday, May 11, 2023 Report this
MamaMia

Reply to Richard:. What makes you think I am crying for Nelson? I am stating my opinion, on the council happenings. Love, Bradford, and Rankin, are members of the public, are free to come to the city council, any time during public comment time, and state whatever they want. Yes, Rankin told Mayor K off, about his deception regarding informing Artie V. at the VFW, about whether Artie has been informed about Mayor K's planned usage of the VFW. Arrowsmith asked Mayor K.....does Artie know about this, has he been informed? Mayor K. said he had talked with Artie several times. Arrowsmith said, okay, as long as Artie knows.. Then, Artie came up to the council, was very upset, and said he had not been told about Mayor K's planned use of the VFW, for a theater group. I honestly thought Artie was gonna have a heart attack, right there at the council! Yes, Rankin let Mayor K have it for pure deception! At least, the council members of the last mayor, didn't get rid of the then city attorney, Frank Kruppenbacher, he resigned, before Mayor K was going to fire him! Then he hired his choice for city attorney, but ended up not serving our city as city attorney, because it came to light, he had visited an east Orange county brothel! Yes, the stores are going to run out of popcorn, around here. Soap opera writers could not have come of with this never ending script........

Thursday, May 11, 2023 Report this
MelissaW

We will continue to have problems because the city loves brushing issues under the rug and doing things in unethical and borderline illegal ways. It isn’t the fault of the commissioners, it’s the fault of the mayor and the directors of each department.

Thursday, May 11, 2023 Report this
MamaMia

Reply to Melissa:. Not the commissioners fault, you state? Borderline illegal? Melissa, you have your opinion, but it differs from my opinion. The city attorney warned the commissioners of the direction they are taking, on on the verge of acting outside their authority. That latin law phrase remember, Rodriguez quoted, and that he could no longer ethically represent the council for that reason. Challenging the city charter because they want to fire so many employees, and are power hungry, and petty.

Thursday, May 11, 2023 Report this
SusanBeth

Mayor Nelson continues to whine when he doesn’t get his way. The City Commissioners are not adversarial. They are just demanding transparency. Rodriguez and Nelson were joined at the hip. Central FL is awash in attorneys and I have no doubt they will find a knowledgeable and qualified attorney.

Thursday, May 11, 2023 Report this
MamaMia

Reply to SusanBeth:. I'm sorry, I didn't mean to knock your kinfolk......lol

Thursday, May 11, 2023 Report this
MamaMia

Dennis New and Apopka Mole discussing water rates....if your water rates are too high, and you have reasonable usage, blame former Mayor Joe K. He the one who went crazy increasing so many water rates. Plus, charging for vacant lots with a water meter, even though the water was an inactive account with no water going through the meter.. He called it paying to be on the grid. He increased the potable water rates, the sewer, and re- use water every year. I think 3 percent for each, across the board. Keep in mind once it increases, it compounds just like a CD, but not in our taxpayers favor,. oh no, we the taxpayers pay more! This could really get out of hand in just a few years, think about it! Joe put a charge cost to vacant lots that have water meters, even though they were inactive, with no water being used! He called it paying to be on the grid! He increased all kinds of cut ons, and cut offs. He started charging snowbird residents for cut offs and cut ons, but under Mayor Land, they were complimentary He raised deposits to start a water account, at the objection of single moms present at the city council, and raised emergency leak cut offs and cut ons. I can't even remember the other water related things he increased. The company that the city hires to review these rates ... the man's name was Henry Thomas, or maybe Thomas Henry, I can't keep it straight Anyway, while he was present at the city council, he spoke in favor of a program called Roundup, in which water customers can round up their water bills to the next dollar amount, and that would be a collective fund to help our city's most needy who can't make ends meet, or have hardships for whatever reason, or very low incomes. Who got up and spoke against the Roundup program? Dennis New! He stated he did not want his hard earned money going for that cause! Also it had been explained by the water rate company man, that the program was strictly volunteer. Dennis, the recall guy. Yes, it true, on record. I can't t remember who was on the city council, except Velazquez and she voted for all the increases Joe K. wanted! One guy from RSR, got up at the podium, and said his monthly water bill was his second highest bill, other than his home mortgage bill! Our commissioners are not for the people!

Thursday, May 11, 2023 Report this
wheresthepopcorn

Hi MamaMia & Friends

1. Joined at the Hip - Rodriguez went to work and went home. He doesn't even live in Apopka. Have you ever seen him at a single function? I never have.

2. Stop Insulting the City Attorney's weight....it is petty and immature.

3. Becker - You can thank him for yelling at Rodriguez which made the news. It is out there for everyone to see so why would anyone want that job.

4. Current Commission - Why would any attorney want to work with them? They don't know there own boundaries

5. City Attorney - Does anyone know what his job is supposed to be?

6. Prior City Attorney - Blame that one on the Mole and the fact that he lived in Apopka. If Rodriguez lived in Apopka, he would have resigned sooner. He can't go out to lunch without someone snapping a picture of him at a subway and sending it to the mole.

7. Google Apopka and all you see is the nastiness and craziness of the Mole. The puppets really push me over the edge. Go away - your are not for the people of Apopka. You are for the revenge. You don't even live in Boston. You live in Massachusetts. Stay there!

I have to go back to work I have a job!

Friday, May 12, 2023 Report this
MamaMia

Dennis, What are you talking about a twenty-five percent sales tax??? Our sales tax in Orange County is only 6.5 percent. Do you want to respond? I am trying to understand you.

Friday, May 12, 2023 Report this
MamaMia

Reply to Where's the popcorn:. Hello popcorn, Did you hear the mole say he had several people, not just one, pay for his trip back to Apopka? Why doesn't he tell us who these people are? He said they are paying for his airplane ticket, airport parking, rental car, and nice hotel. Isn't that funny? Think about what he said. If you fly somewhere, you don't have your vehicle with you, to leave at the airport parking lot. You just fly in, get a rental car, and go on your way to your hotel, and then to your destination, and when done, when your trip is over, you turn in the rental car at the airport! No airport parking is needed....hmmm....lol

Friday, May 12, 2023 Report this
MamaMia

This is how the mayor's recall opposition cronies and political operatives appear to be operating. They appear to sit down to a bowl of alphabet soup. They fish alphabet noodles out with a spoon. Three are four noodles are then placed together....Oh, who do we contact today? Let's see... DOJ, CIA, FBI, TBC, ACLU, FDLE, OCSE, APD, OCSO, SCC, and so on, and so on.....souped up allegations. The games they play against the mayor.

Saturday, May 13, 2023 Report this
MamaMia

MBI, FWC, and AG....I hope a list of people who signed the recall is made public, and published. I want to see it. Reggie, will you print it for us readers to view, if it becomes public record? Whether there are enough signatures are not? I also want to know if any of our lovely city commissioners have signed the petition? If so, it is proof of an insider insurrection! Any and all, who signed, will never ever get my vote, if they are a sitting commissioner now, or plan to run for elected office, if I am aware of them signing it. Just saying.....oh, and Happy Mother's Day!

Sunday, May 14, 2023 Report this
MDuran

Mama Mia, Do you think that the mayor has done all he could do to address the death of my son? Do you believe he acted accordingly as a mayor should have ?

Do you believe it was just that the fire chief got a perfect performance review only months after my son’s death and after the state fire marshal report issued a violation to the AFD for zero training, zero safety, zero supervision, improper installed equipment in regards to the sand trailer?

Do you not believe that many senior firefighters knew the dangers of that apparatus?

Do you not believe that the city didn’t know the dangers, and that is why in 2005 a wheeled jack was installed on the bottom, rear of that trailer that forces a firefighter in the ‘danger zone’ to release such jack?

Do you believe that I should just forget the whole thing and not fight for justice for my son ?

Sunday, May 14, 2023 Report this
MamaMia

Reply to Michael Duran, Michael, I know you and your family are grieving, and are very hurt, and angry, and I am aware how very much you all loved Austin. I never met him, but from what I have seen and heard, he was so very special. I respect your family, and you have a right to fight for your son, as you see fit, as his father. Take care, and I pray one day, your family will find some peace, knowing what a wonderful son you both raised.

Sunday, May 14, 2023 Report this
wheresthepopcorn

Mr. Duran - I am very sorry for your loss. I do not believe it is the Mayor's fault for your son's death. I think many people could have prevented it from happening but we can blame the mayor for every action of the staff. This has nothing to do with Rodricky either. They have insurance counsel for this. No expects you to get over it or forget about it. Your Ex-wife never appears at a commission meeting. Why is that? I suggest you get an attorney rather than show up at every meeting because your presence doesn't seem to change anything. I wish it would.

Monday, May 15, 2023 Report this
wheresthepopcorn

If anyone from our current council signs that recall position than they are even stupider than I thought.

Is someone paying the Mole's way, of course. He is just a puppet. Maybe we should start our own show with puppets on a chair and sing. But we won't harass Rankin or the bank or the attorney or the mayor. Anyone can go to Hobby Lobby and buy some light up letters. I am wondering what puppet I should get.....Amazon here I come. Maybe I will kick him around my yard.

Monday, May 15, 2023 Report this
wheresthepopcorn

Surprised? They wanted rodriguez to go, they drove him to resignation. No one should be surprised. There may be a lot of attorneys in florida but the qualified ones won’t apply. All these govt lawyers know each other and they won’t apply.

Monday, May 15, 2023 Report this
MamaMia

On this recall of the mayor....Everyone has a right to think what they think, and believe what they want, and support who they want, as elected officials. Then here is where the shamelessness starts. I think it is outrageous behavior to go to the outside of a church, when church is letting out, and stand there with recall the mayor signs, hoping to confront someone who goes to church there, and supports Mayor Nelson, to argue with them, and for their right, in their opinion, to support him. I don't think people will respect the mole's motive by doing that. Yes, it is America, he can do that, but as I see it, it is really outrageous. Does mole have a grudge against churches, and people who worship God? Sounds like it. Screaming at cars uptown.....I watched his video of him yelling at a guy in a car, getting him to pull over, and the guy asked who he was. He told him, and he asked the guy's name, he told the mole, and then the mole started rattling off about the recall, and told the guy, our mayor gave his friend at the bank 31 million dollars! The man was eating fries from a McDonalds bag, and his mouth flew open like he was shocked.... Yeah, told the guy he gave his friend at the bank 31 million! Did not tell him exactly the whole story, that the city has the money invested there, for the taxpayers. This is the bs I am referring to. This lady in Errol who pulled over and talked to the mole, in favor of Bryan, he is bent about it, and carries on and on, about what she told him, because her opinion of the mayor is different than his opinion. Like I said before, I got angry when one person, not the mole, accused the city attorney of killing Austin! That was outrageous! He had nothing to do with killing Austin!

Monday, May 15, 2023 Report this
MamaMia

Central Florida may be awash with attorneys, but who wants to come to work everyday and face the battle royal? Nasty public comments, nasty commissioners who belittle, ridicule, question their legal advice, make fun of their appearance, weight, spy on their whereabouts, where they dine, and even their dog's costume????? Welcome to Apopka, then you're fired, we don't trust you! People that are not trusting, usually are the ones that can't be trusted themselves!

Monday, May 15, 2023 Report this
MamaMia

When Supervisor of Elections, Bill Cowles, gives a presentation on the recall process, is Becker going to yell at him, and say... ...That's your opinion, and I don't value your opinion!....?

Monday, May 15, 2023 Report this
MDuran

@ Popcorn. I am not blaming the mayor for the death of my son. I am blaming him for taking no action to hold anyone accountable.

Austin’s mom has shown up and spoke at city council more than once. Austin’s sister has too. It’s incredibly hard for our family to do that. You can not imagine.

The AFD firefighters have been asking for YEARS to add staff. It took the death of my son and me showing up to city council to make that happen. It has made a difference.

I suppose had Austin been your son you would handle this differently. He is my son and this is how I will continue to handle this until someone is held accountable. I suppose the state fire marshals violation of no training, safety, supervision, lack of maintenance and improperly installed equipment to the department means little to you. The department violated and was cited for this violation means that is what killed my son.

But I’m sure if Austin was your son that was needlessly killed, you would handle it differently.

Monday, May 15, 2023 Report this
wheresthepopcorn

Mr Duran

I say this with respect. I would handle it differently. I would hire an attorney to represent me. I would not take to social media. Like I said in the past I am not on Facebook. Things were different before the internet and I wish I could go back to those times then we wouldn't have people like the Mole. I don't take that man seriously and I know a lot of people don't. I respect what you are doing and we are different people. I think you are brave for going to all these meetings. I would separate yourself from the mole and the recall. Just fight for your son and keep fighting. Keep fighting for the Fire Dept. This recall is taking away from the most important issue here which is safety. As I am typing my thoughts, I am thinking I would go to those meetings unless my attorney advised me not to. Ask someone who doesn't live in Apopka what they think of the Mole. I have. He has made fun of the City Attorneys weight... He is harassing people on the internet. Start your own page and dont' start a puppet show or no one will take you seriously. God Bless you and your family.

Tuesday, May 16, 2023 Report this
whackamole

MDuran

I agree with Popcorn. Separate yourself from the Mole if you want to be taken seriously rather than a nuisance. You need to fight for your son. The mole is just using you to get at the Mayor.

You have my support. Something needs to happen but there is so much going in that is distracting from what needs to be done. The recall is not going to get anything done now. We need change in the Fire Department now.

Eddie has now moved over to the Police Dept. Whose side is he on?

Tuesday, May 16, 2023 Report this
MDuran

@Popcorn, to be clear. I am not aligned with anyone other than the men and women of the ADF. My focus is to bring foundational, operational and cultural changes into Apopka Fire. Your mayor is very disappointing to me as he has ‘cherry picked’ resignation letters, minimized publicity my sons death and seems to think the most important issue is whether the sand trailer was in or out of service. All the while the most important issue is that neither firefighter had seen that apparatus nor were trained on it.

Why ? Because of a broken foundation. Hostile work environment. And lack of trust in leadership. Now that all of this has been exposed, why does the mayor refuse to relieve the failed fire chief of his position? For Gods sake, my son was killed and the mayor approved a PERFECT evaluation for the chief. And the reason? Because ‘he implemented the changes’ that WE fought for. The mayor AND chief was against these changes. But now when asked by local network reporters, they both boast about it.

Unless you are vested with AFD, I can’t expect you to understand. If you haven’t spoken with a large majority of the FF’ers I don’t expect you to understand. I do understand that. I would expect any father who lost his only son to a preventable incident would fight with everything he has inside of himself. To bring accountability. To bring some kind of justice, so that he didn’t die in vain.

Tuesday, May 16, 2023 Report this