TO: Mayor and Commission AGENDA DATE: 2/17/2025
FROM: City Manager AGENDA ITEM: 9 - A
SUBJECT:
Title
Quasi-Judicial Hearing Regarding Whether Mayor Had Knowledge of Travel Policy Before Date of Travel and that Mayor Violated Travel Policy.
Body
LOCATION:
N/A
COST:
N/A
SOURCE OF FUNDS:
N/A
ORIGINATING DEPARTMENT:
Mayor and Commission
POTENTIAL MOTION:
Recommendation
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BACKGROUND:
Background
At the Regular Commission Meeting held on February 3, 2025, the City Commission voted to hold a quasi-judicial public hearing to determine whether the Mayor had knowledge of the City Commission travel policy before his travel to Washington, DC, in January 2025, and that the Mayor violated the City Commission travel policy with respect to the January 2025 Washington, DC trip. The City Commission discussed potential public censure of the Mayor if he was found to have had advance knowledge of the policy and violated the policy.
The City Code of Ordinances provides the following guidance:
“ARTICLE IX. SANCTIONS FOR CHARTER VIOLATION”
Sec. 2-380. Violations.
If a city commissioner is found, after a hearing as set forth herein, to have violated any provision of the Deltona City Charter, such commissioner shall be subject to sanctions as set forth in section 2-381. A violation may be brought forward by either a city commissioner or a charter officer of the city. A charge of violation shall be initiated by motion of a member of the city commission who shall summarize the alleged violation in the motion. All city commissioners, including the commissioner charged with a violation, may take part in and vote as to all matters relating in any way to the charge. If a majority of the city commission votes to have the charge heard, consideration of the alleged violation shall be placed on an upcoming agenda by the city manager for a formal quasi-judicial hearing. The city attorney shall advise the city commission as to the proper procedures for the conduct of the quasi-judicial hearing. The burden of proof at the quasi-judicial hearing for consideration of the charge shall be "clear and convincing evidence". A finding of guilt shall only be upon the affirmative vote of a super-majority of the entire city commission.
(Ord. No. 16-2014, § 1, 6-16-2014)
Sec. 2-381. Sanctions.
Possible sanctions under this article shall include one or more, in any combination, of the following as deemed appropriate by a simple majority of the commissioners present at the meeting when the charge is considered: i) public censure; ii) forfeiture of pay for a specific time period; iii) suspension of privilege to take part in ceremonial portions of meetings for a specific time period; iv) suspension of access to controlled-access portions of city hall for a specific period of time; v) suspension of right to represent the city at public functions for a specific time period; vi) removal or suspension for a specific time period from any ceremonial positions (such as city representative to a particular agency); and/or vii) finding of malfeasance or misfeasance in office with request to be made to the Governor to suspend the commissioner from office under F.S. § 112.51.
(Ord. No. 16-2014, § 1, 6-16-2014)”
If the City Commission finds the Mayor guilty by clear and convincing evidence, by a super-majority of the entire city commission (5 votes), they can choose to vote for sanctions as provided in Sec. 2-381 (above). If the City Commission moves to sanction the Mayor, the motion must be approved by simple majority.
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