HomeMy WebLinkAboutSubmittal-Statement Read By Grace Solares Into The RecordThis matter is before you based on the premise that MSEA is an independent and autonomous
agency and instrumentality of the city, and that MSEA voted to approve the Resolution before
you today, in January 2012. I suggest that the MSEA vote is a nullity and that MSEA is not an
independent and autonomous agency and instrumentality of the City. Why? Because of the
following:
The City consistently takes the position that MSEA is an "independent and autonomous agency
and instrumentality of the city." This is what Section 2-2011 of the city code says. The label
"independent and autonomous agency and instrumentality" does not control the nature of the
MSEA Board.
MSEA's present governing body at least as of the January 2012 meeting that I attended, included
the Mayor and three commissioners, and perhaps the other two commissioners have also been
appointed to the MSEA board, not certain about that. These appointments are allowed under
Section 2-1013. However, Section 2-1013 further states that membership by the Mayor or any
sitting commissioner on the MSEA board is in an "ex-officio" capacity. This means that their
appointment is deemed to be a continuation of their duties as either Mayor or City
Commissioners. If the Mayor or any City commissioner is truly acting and participating in an ex
officio capacity, then that belies or destroys the label "independent and autonomous agency and
instrumentality."
If the City desires to retain MSEA's independent and autonomous status then the Mayor and the
Commissioners cannot remain on the MSEA Board in an.exofficio status butrriust resign. If you
remain on the MSEA Board in a status other than "ex officio", you will then b&in violation of
Art. II, §5(a) of the Florida Constitution which states: "No person shall hold at the same time
more than one office under the government of the state and the county and municipalities
therein...." This prohibition applies to elected and appointed offices. Moreover, in a 1970
decision, the Florida Supreme Court set forth a general rule that "the acceptance of an
incompatible office by one already holding office operates as a resignation of the first." Under
the rationale of the Supreme Court decision the action of an officer accepting another office in
violation of the dual office holding prohibition creates a vacancy in the first office." Holley v,
Adams, 238 So.2d 401, 407 (Fla. 1970).
Commissioners, MSEA is not independent because your participation is in an ex-officio
capacity. If the City wishes MSEA to be an independent and autonomous agency and
instrumentality then you cannot be members of the MSEA Board and a Commissioners at the
same time. Therefore, the MSEA vote ofJanuary 2012 regarding the resolution before you today
is a nullity. I suggest that this matter be deferred or continued so that your City Attorney has an
opportunity to make an urgent request for a legal opinion from the Attorney General of the State
of Florida as to the issues that I have just brought to your attention because your status as
Mayor and Commissioners could be also at peril.
Please do not hear this matter until the issue of your dual office is resolved and until all the issues
mentioned in my email to you of yesterday, March 7, 2012 regarding the violations of the Charter
are resolved as well.
Grace Solares
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Submitted Into the public
record in connection,with
item RE. ig on 03/0i1/2.
Priscilla A. Thompson
City Clerk