The Apopka City Council, at its July 5th meeting, took steps to censure Mayor Bryan Nelson for his comments about the employment status of former City Attorney Michael Rodriguez.
During the City Commission Reports, Commissioner Kyle Becker read a proposed resolution into the record:
Resolution to Formally Censure Mayor Bryan Nelson
"WHEREAS, a core tenant of serving in 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 21, 2023, in a public hearing within the City of Apopka Council Chambers, 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 5, 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 3, 2023, the City Attorney did voluntarily resign during a public hearing within the City of Apopka Council Chambers, as recorded and approved in minutes;
WHEREAS, Mayor Nelson, on Wednesday, June 7, 2023, did on the record inform City Council the City Attorney was no longer employed as of that day, June 7, 2023, as recorded and approved in minutes;
WHEREAS, on Wednesday, June 21, 2023, 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 21, 2023, and receiving pay, as recorded and approved in minutes; therefore, be it
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."
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.
After the proposed resolution was read into the record, Nelson pushed back on the assertion.
"Well, we will have to go back to the audio of what Michael Rodriguez said... and it wasn't that he was resigning that day," Nelson said. "He said he was going to help with the transition. So you can go back and review the records."
In his comments to the City Council at its May 3rd meeting, Rodriguez said this:
"At this point, I have serious concerns about the directions this council is taking and the means of which certain things have been communicated. 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."
But according to Becker, the censure had nothing to do with the wording Rodriguez chose in his resignation comments.
"That's not the point of this censure," Becker said. "On June 7, you freely admitted that he was no longer employed with the City of Apopka. On June 21st, you freely admitted that he was. Again, we just approved those minutes tonight. Those are; I don't know if you're able to identify that that's a difference from what you say. And that's what I see as untruthful public comments. I want, as a Council, for us to sit up here and say 'that that's not good enough.' You can't tell us one thing, and then the next meeting, it's something completely different."
"Just to understand completely... Attorney Rodriguez (City Attorney Michael Rodriguez) is no longer employed by us, correct?"
"As of today," said Nelson. "As of 1:30... yes."
Then at the June 21st meeting, a different set of facts emerged during a consent agenda discussion.
"We have 11 items on the consent agenda," Nelson said. "Does anyone need to pull an item?"
"Yes," said Nesta. "Number one for me. It's the 18 East Station Street Code Enforcement Lien. I never got any answers about what that's about or what that's from. Code enforcement didn't know what that was, either. So I don't know how that got on here. Somebody had said, I guess that, and this leads me to something very important that, I guess, former City Attorney Rodriguez put this on here?"
"I don't know," said Nelson. "I don't know how it got on there."
"Do you know what it is?" Nesta asked.
"No," said Nelson.
"Well, that leads me to... speaking about the city attorney directly... let's go through a timeline here. On April 5th, we had a 3-2 vote to fire him. 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," said Nelson.
At the July 5th meeting, Nesta also wanted accountability for Nelson's shifting statements.
"I just want to comment too. Obviously, this was something that I had found. I mean that through the amount of digging that I have to do to make sure that everything that we have is accurate and true. And it was a direct lie that occurred up here, and it makes our jobs that much more difficult to work ethically... for the best of our residents who elected us when we're actually being lied to. We can't do that. That doesn't work. So there's got to be some type of effect and action in place to the active lies to try to deceive the entire Council as well as the residents."
During the Council's discussion, Nelson returned to his original point.
"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.
