The Apopka City Council voted 4-1 to put on its August 2 agenda a resolution to censure Mayor Bryan Nelson “for misleading the City Council and, by the same, the people of Apopka through untruthful public comments regarding the employment status of the city attorney” Michael Rodriguez, according to what Commissioner Kyle Becker read from the resolution.
Becker introduced the resolution that he drafted at the Wednesday, July 5, City Council meeting. All four commissioners voted to schedule the resolution vote on August 2. Nelson voted no.
The resolution won’t be up for a vote at the July 19 City Council meeting because Commissioner Alexander H. Smith will be absent from the meeting.
“We’ve talked about this now for several meetings,” Becker said. “The last meeting (on June 21) was something that I think many people in this chamber kind of looked at this dais and were just in awe of what was being discussed up here as it relates to our former city attorney (Rodriguez). So I’ve got a resolution of censure that I’ve compiled, and I hope it’s for the sake of full transparency in one record of what we’ve dealt with as it relates to this situation versus having to go and hunt peck in meeting minutes to really get an idea of what’s going on here.”
Titled ‘Resolution to formerly censure Mayor Bryan Nelson,’ Becker read the resolution as follows:
Whereas a core tenet of serving in an elected office is transparency and truthfulness to ensure public trust;
Whereas Mayor Bryan Nelson by charter serves as the Chief Executive Officer of the city and shall be responsible to the electorate for the administration of all city affairs placed in his charge.
Whereas on Wednesday, June 21st, 2023, at a public hearing within the city of Apopka Council Chamber, Mayor Nelson did prove untruthful. Public comments were made about the employment status of the city attorney during prior public meetings.
Whereas on Wednesday, April 5th, 2023, through interpreted charter authority, a majority 3-2 vote of city council resulted in a formal approved action to terminate the city attorney as recorded and approved in minutes;
Whereas Mayor Nelson did not honor the approved action of the City Council pertaining to the termination of the city attorney;
Whereas on Wednesday, May 3rd, 2023, the city attorney did voluntarily resign during a public hearing within the city of Apopka Council Chamber as recorded and approved within minutes;
Whereas Mayor Nelson, on Wednesday, June 7th, 2023, did on record inform City Council the city attorney was no longer employed as of that day, June 7th, 2023, as recorded and approved in minutes;
On June 21st, when asked by City Council about the employment status of the city attorney, Mayor Nelson indicated he was still employed as of that date, June 21st, 2023, and receiving pay as recorded and approved in minutes;
Therefore, it be resolved that the City Council hereby formally censure Mayor Bryan Nelson for misleading the city council and by the same the people of Apopka through untruthful public comments regarding the employment status of the city attorney.
“I know that’s the first time you’re reading it, but everything that I’ve highlighted there is factually accurate,” Becker said after reading the resolution.
Nelson disagreed with the resolution, believing that it’s not factually accurate.
Later during the discussion about the censure resolution, Commissioner Diane Velazquez asked Nelson what about the document wasn’t factual.
“The factual is when he (Rodriguez) was going to resign. He didn’t say he was going to resign that minute,” Nelson replied. “He said he would help because he was helping to interview (job candidates) after that. The date of that council meeting was interviewing folks. I mean, you want to bring it forward at the next council meeting, put it as an agenda item. I’d like, yeah, I’d like to be able to respond to the resolution. But if not, go ahead and do it and we call it a day.”
Putting resolutions on meeting agendas is a common occurrence, but not legally required unless the agenda item, such as a planning ordinance, needs a legal advertisement requirement, city attorney Cliff Shepard informed the City Council. A resolution often takes one meeting — where there would be one reading and one vote — for it to go through.
Shepard also said at the City Council meeting that censures are usually done at the federal government level, of members of Congress and other elected officials for actions that violate ethics codes.
“The typical effect (of a censure), if there is one, it’s political, not legal,” said Shepard.
Earlier at the July 5 meeting, the City Council unanimously authorized a one-year contract for him to represent the municipality for a $15,000 per month retainer at a monthly maximum of 65 hours. Shepard previously served as city attorney from 2015 to 2018.
At the June 21 meeting, Commissioner Nick Nesta said according to documents he obtained, Rodriguez got paid similarly every week since his May 3 resignation except for one week when Rodriguez cashed in his paid time off in the amount of around $7,000.
Also from viewing the documents, Nesta said Rodriguez’s termination date would be July 7 and be compensated 13 weeks of his base salary, equivalent to between $35,000 and $40,000.
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