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Apopka City Commission repeals legal fees policy, changes MetroPlan representation

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Commissioner Nadia Anderson speaks at a City Commission meeting
Commissioner Nadia Anderson speaks at a City Commission meeting.

Photo by Dana O'Connor

Key Points

The Apopka City Commission voted Monday to repeal a policy allowing the city to advance legal fees to elected officials facing certain non-criminal proceedings and to change the city’s representation on the MetroPlan Orlando Board, actions Commissioner Nadia Anderson repeatedly characterized as “a personal attack” against her. 

The commission approved Resolution 2026-32 by a 3-2 vote, repealing a policy adopted in January that authorized the advancement of city funds to the mayor or city commissioners for legal expenses in certain non-criminal actions, subject to reimbursement requirements and other conditions. Commissioners Anderson and Yesenia Baron voted against the repeal.  

According to the staff report, the city already carries legal fee reimbursement coverage through the Florida Municipal Insurance Trust, which reimburses the city for qualifying legal expenses paid on behalf of elected officials, up to $100,000 per covered action, provided the official is ultimately cleared of wrongdoing.  

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Mayor Nick Nesta said repealing the policy would avoid advancing taxpayer dollars when insurance coverage is already available. 

“We want to make sure we’re not double paying,” Nesta said. 

City Attorney Cliff Shepard said the insurance endorsement reimburses legal expenses only after an official has first paid an attorney, and the city reimburses the official before seeking reimbursement from the insurance carrier. 

Anderson argued the insurance policy and the repealed resolution served different purposes because the city policy authorized advancement of legal fees rather than reimbursement after the fact. 

“I haven’t taken a dime from this,” Anderson said, noting she is defending an ongoing lawsuit challenging her residency as a commissioner. She said the policy could help elected officials who cannot afford legal representation while defending lawsuits arising from their public service. 

Also in the special meeting, which was announced Friday, the commission also changed Apopka’s representation on the MetroPlan Orlando Board, a regional transportation planning partnership for Orange, Osceola and Seminole counties.  

The item was presented as an opportunity to reconsider an appointment made by the previous City Commission in March, when it appointed Anderson to fill the seat vacated by former Mayor Bryan Nelson. Staff recommended appointing Nesta as the city’s representative and Vice Mayor Diane Velazquez as the alternate.  

Nesta said he had advocated since serving as a commissioner for the mayor to occupy the city’s MetroPlan seat, saying the arrangement better aligns Apopka with other governments represented on the regional transportation planning board. 

Anderson opposed the change, calling it “a straight attack on me as a commissioner” and arguing the commission should instead devote its attention to ongoing budget decisions. 

After discussion, the commission unanimously approved Velazquez’s proposal to appoint Nesta as Apopka’s MetroPlan representative, remove Anderson from the position and designate all four commissioners as alternates. 

Throughout the meeting, Anderson said the agenda items targeted her. 

“This special meeting was all a personal attack on me,” she said. 

Several residents questioned the timing of both agenda items and urged the commission to treat Anderson fairly, while another supported revisiting appointments made by the previous commission shortly before new elected officials took office. 

The legal fee advancement policy, adopted Jan. 21 as Resolution 2026-06, allowed the City Commission to approve advances of up to $5,000 for legal expenses in certain non-criminal actions, subject to repayment if an official was ultimately unsuccessful in the underlying action. 

The repeal eliminates that standing policy while preserving any existing reimbursement obligations created under the original resolution. 

The special meeting followed immediately after the commission’s first special meeting of the day, during which the commission tried and failed to reach an agreement on the millage rate. 

Author

  • Teresa Sargeant has been with The Apopka Chief for over 10 years.

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