Will Mayor Nelson get censured?

On the Apopka City Council's August 2nd agenda, there is a vague description of a resolution at the end of the list that reads:

"Resolution 2023-20 Censure Presented by Vice Mayor Kyle Becker"

Although not stated in the title, the resolution to censure refers to Apopka Mayor Bryan Nelson for a misleading statement he made at the June 21st meeting about then-City Attorney Michael Rodriguez. And the only document in the agenda packet is a copy of the Resolution. It states:

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Revised Resolution to Formally Censure Mayor Bryan Nelson

A censure is a formal statement of disapproval in the form of a resolution that is adopted by a majority vote. The term “censure” is not found in the Constitution, and the word does not have to appear in the resolution.

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Should the Apopka City Council censure Nelson? Did his misleading statement at the June 21st meeting rise to the level of a formal, yet non-binding rebuke? Is this simply a political stunt by the commissioners, or is it important for them to make their displeasure at his conduct known?

All or most of these questions should be answered at the Council's August 2nd meeting. Vice Mayor/Commissioner Kyle Becker will present the censure proclamation. Becker also made the motion to censure Nelson at the July 5th meeting.

To review how the Council got here, take a look at this time line:

• At the May 3rd City Council meeting, City Attorney Michael Rodriguez verbally resigned from that position.

"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. "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."

Certainly, that does not mean Rodriguez was expected to leave the meeting, never to return, but it did confirm his intent to leave his position.

• At the June 7th meeting, Commissioner Nick Nesta asked Nelson if Rodriguez was no longer employed by the City of Apopka. Nelson's response: 

"As of today," said Nelson. "As of 1:30... yes."

• At the June 21st meeting, Nesta followed up and learned that Rodriguez was still acting as City Attorney; two weeks after Nelson confirmed he was not.

"On April 5th, we had a 3-2 vote to fire him," Nesta said. "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," Nelson said.

• At the July 5th meeting, Commissioner Kyle Becker proposed the censure based on the above facts.

During the Council's July 5th discussion about the censure, Nelson suggested tabling the censure so he could respond.

"It didn't say he was going to resign that minute," he said. "It said he would help as he was helping interview after that the date of that council meeting was interviewing folks. I mean, if you want to bring it forward at the next council meeting, put it as an agenda item. I'd like to respond to the resolution. But if not, go on and do it and call it a day."

I think a response is appropriate," said Nesta. I think that is the correct thing to do."

"I would like for us to put it on the agenda for the next meeting," said Commissioner Alexander Smith. "Because I would like to go back and look at the meeting that I was absent for."

But then Commissioner Diane Velazquez pointed out to Smith that he wouldn't be at the next meeting.

"But that's the date you're not going be here for... the next meeting, Commissioner Smith," she said. "You said you're not going to be here for the next meeting."

"Correct," said Smith.

Because of Smith's absence at the July 22nd meeting, the referendum was scheduled for the agenda at the August 2nd meeting.

Then, a week after the proposed censure, Nelson told Spectrum 13 News that it was based on politics.

"Ever since that loss for mayor, he’s [Becker] been nothing but just trying to put a stick in the mud rather than trying to put the city forward,” said Nelson.

When asked what he wanted to say to the commissioners, he wanted to look ahead, not at the censure.

"Do you want to move the city forward, or do you want to keep doing the gotchas?" Nelson said. "If that’s what you want, I’m here. I’ll take it. I’m a big boy.".

Then, in his final quote, Nelson denies misleading the Council.