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Last Updated: 2016/4/29
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Last Updated: 2016/4/29
City of DeBary SealCity Council Meeting
City of DeBary
AGENDA ITEM





Subject: Determination to Call for and Schedule a Public Hearing on June 1, 2016, to Consider and Render a Decision on Whether Mayor Johnson violated Section 4.04 of the City Charter and shall be Declared to have Forfeited his Office.
  
From: City Manager
             
Meeting/Hearing Date:  May 4, 2016

Attachments:
(   )  Ordinance
(   )  Resolution
(   )  Other
( X)  Supporting Documents/Contracts


Summary/Highlights

The city has received records originating from Mayor Johnson that appear to give orders to city employees in violation of the City Charter. The records were provided to the City Attorney for review and opinion. The City Attorney has opined:

Under the City Charter Section on prohibitions on the City Council and individual Council members, Subsection 4.04(a) provides in relevant part that “[n]o individual member of the Council shall give orders to any officer or employee of the City.”  The City Staff is in possession of evidence of at least two potential violations of Section 4.04(a) by Mayor Johnson.  A text message sent by Mayor Johnson to City Manager Dan Parrott on April 20, 2016, appears to constitute an order to Mr. Parrott to take a specific action in his capacity as City Manager.  An email from Mayor Johnson to Records Manager Eric Frankton dated April 13, 2016, appears to constitute an order to Mr. Frankton to take and/or refrain from taking specific actions in his capacity as Records Custodian.  The City Staff is also in possession of other relevant evidence.  Whether a violation has occurred is determined by the City Council after notice and hearing in accordance with Sections 4.07 and 4.09, City Charter. 

 

Section 4.07(a) provides in relevant part that “[a] member of the Council may forfeit his/her office, if the member . . . [v]iolates any express prohibition of this Charter.”  In case of a violation, “a hearing shall automatically be conducted at the next regularly scheduled Council meeting, and the member may be declared to have forfeited office by majority vote of the Council.”  Sec. 4.07(a), City Charter.  In order to determine whether a violation has occurred, the Charter provides that a hearing be conducted at the next regularly scheduled Council meeting in accordance with Subsection 4.07(a), City Charter.   The Council should not make a determination as to whether a violation has occurred until notice is properly given to Mayor Johnson and a full hearing is conducted, all in accordance with Sections 4.07 and 4.09, City Charter, and other applicable Charter provisions and law.



 Recommended Motion  

To Call for and Schedule a Public Hearing on June 1, 2016, at 7pm to Consider and Render a Decision on Whether Mayor Johnson violated Section 4.04 of the City Charter and shall be Declared to have Forfeited his Office.


City Council Action:
(   )  Approved As Recommended
(   )  Approved With Modification
(   )  Disapproved
(   )  Continued Date:

(   )  Other

Modifications:



 
 
City of DeBary, FL
16 Colomba Rd, DeBary, FL 32713
Phone: (386) 668-2040  Fax: (386) 668-4122