IN THE DISTRICT COURT OF APPEAL FOR THE FIFTH DISTRICT, STATE OF FLORIDA CASE NUMBER: 5D_______________ __________________________________________________________________ GEORGE ROSARIO, Petitioner vs. CITY OF GROVELAND, DINA SWEATT, in her official capacity as Council Member and Mayor, MIKE RADZIK in his official capacity as Council Member/Vice Mayor, TIM LOUCKS, in his official capacity as Council Member, MIKE SMITH, in his official capacity as Council Member, and JOHN GRIFFIN, in his official capacity as Council Member Respondents. _________________________________________________________________ APPENDIX TO PETITION FOR WRIT OF QUO WARRANTO _________________________________________________________________ Howard S. Marks Lisa J. Geiger BURR & FORMAN LLP 200 South Orange Avenue, Suite 800 Orlando, Florida 32801 Telephone: (407) 540-6600 Counsel for Petitioner, George Rosario APPX-000001 RECEIVED,4/23/20183:08PM,JoanneP.Simmons,FifthDistrictCourtofAppeal
Transcript
IN THE DISTRICT COURT OF APPEAL FOR THE FIFTH DISTRICT, STATE OF FLORIDA
CASE NUMBER: 5D_______________ __________________________________________________________________
GEORGE ROSARIO,
Petitioner
vs.
CITY OF GROVELAND, DINA SWEATT, in her official capacity as Council Member and Mayor, MIKE RADZIK in his official capacity as Council
Member/Vice Mayor, TIM LOUCKS, in his official capacity as Council Member, MIKE SMITH, in his official capacity as Council Member, and JOHN
GRIFFIN, in his official capacity as Council Member
APPENDIX TO PETITION FOR WRIT OF QUO WARRANTO _________________________________________________________________
Howard S. Marks Lisa J. Geiger
BURR & FORMAN LLP 200 South Orange Avenue, Suite 800
Orlando, Florida 32801 Telephone: (407) 540-6600
Counsel for Petitioner, George Rosario
APPX-000001
RE
CE
IVE
D, 4
/23/
2018
3:0
8 PM
, Joa
nne
P. S
imm
ons,
Fif
th D
istr
ict C
ourt
of
App
eal
31486479 v1
INDEX
Item # Description Page #
1. Lake County Circuit Court Docket for Wilson v. City of Groveland, Florida, Case No. 2017-CA-00010
000006-10
2. Verified Complaint and Petition for Writ of Mandamus and Injunction dated January 4, 2017 (Wilson v. City of Groveland, Florida, Case No. 2017-CA-00010)
000011-26
3. Notice of Evidentiary Hearing dated January 4, 2017 (Wilson v. City of Groveland, Florida, Case No. 2017-CA-00010)
000027-28
4. Temporary Injunction dated January 4, 2017 (Wilson v. City of Groveland, Florida, Case No. 2017-CA-00010)
000029-30
5. Amended Verified Complaint dated January 9, 2017 (Wilson v. City of Groveland, Florida, Case No. 2017-CA-00010
000031-47
6. Notice of Voluntary Dismissal of Case Against George Rosario With Prejudice dated January 5, 2018 (Wilson v. City of Groveland, Florida, Case No. 2017-CA-00010)
000048-49
7. Notice of Voluntary Dismissal of Case Against City of Groveland, Florida, Without Prejudice dated January 5, 2018 (Wilson v. City of Groveland, Florida, Case No. 2017-CA-00010
000050-51
8. Amended Notice of Voluntary Dismissal of Case Against City of Groveland, Florida, With Prejudice dated January 10, 2018 (Wilson v. City of Groveland, Florida, Case No. 2017-CA-00010)
000052-53
9. Fifth District Court of Appeal Case Docket for Rosario v. Wilson, Case No. 5D17-287
000054-55
10. Order dated October 27, 2017 (Rosario v. Wilson, Case No. 5D17-287)
000056-57
11. Mandate dated November 20, 2017 (Rosario v. Wilson, Case No. 5D17-287)
000058
APPX-000002
31486479 v1 3
Item # Description Page #
12. Lake County Canvassing Board Certificate dated November 8, 2016 for the City of Groveland General Election
000059
13. George Rosario Voter Registrations and Driver’s License (Pennsylvania and Florida)
000060
14. Application for Clemency in State of Florida dated February 13, 2017
000061
15. Correspondence from Julia McCall, Coordinator, State of Florida, Office of Executive Clemency to Jim Jimenez, Esquire, dated February 20, 2017
000062-65
16. Request for City Council Consideration dated January 4, 2018 by Anita Geraci-Carver, City Attorney (for January 10, 2018 meeting)
000066-79
17. Official Record of Commonwealth v. George L. Rosario, Case No. CP-51-CR-0628001-1987, dated December 30, 2016
000080-83
18. City of Groveland Charter (downloaded from https://library.municode.com/fl/groveland/codes/ code_of_ordinances?nodeId=PTICH on April 13, 2018)
000084-94
19. Property Record Card for 1101 Peregrine Street, Groveland, Florida 34736 from the Lake County Property Appraiser website and related Warranty Deed dated January 22, 2008
000095-97
20. Request for City Council Consideration dated December 28, 2016 by Anita Geraci-Carver, City Attorney (for January 3, 2017 meeting)
000098-109
21. Minutes of January 2, 2018 City of Groveland City Council Meeting
000110-115
22. Email dated December 19, 2017 from Glen Wilson to City Council members regarding Legal Action Dismissal
000116
23. Transcript from City of Groveland City Council Meeting on December 19, 2017
24. Transcript from City of Groveland City Council Meeting on January 23, 2017
000187-242
25. Amended Agenda for City of Groveland City Council Meeting on January 10, 2018
000243-257
26. Minutes of January 10, 2018 City of Groveland Special City Council Meeting
000258-262
27. Handwritten notes from January 10, 2018 City of Groveland Special City Council Meeting
000263-267
28. List of City Council Members from City of Groveland website
000268
29. City Council Agenda for City of Groveland City Council Meeting on January 16, 2018
000269-272
30. Minutes of January 16, 2018 City of Groveland City Council Meeting
000273-279
31. Answer Brief of Appellee City of Groveland, Florida dated March 2, 2017 (Rosario v. Wilson, Case No. 5D17-287)
000280-308
/s/Howard S. Marks HOWARD S. MARKS, ESQUIRE Florida Bar No. 0750085 Email: [email protected] Secondary Email: [email protected] Secondary Email: [email protected] LISA J. GEIGER, ESQUIRE Florida Bar No.: 543594 Email: [email protected] Secondary Email: [email protected] BURR & FORMAN LLP 200 South Orange Avenue, Suite 800 Orlando, Florida 32801 Telephone: 407-540-6600 Attorneys for Petitioner, George Rosario
APPX-000004
31486479 v1 5
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on April 23, 2018, a true and correct copy of the
foregoing was filed with the Clerk of Court by using the eDCA Fifth District Court
of Appeal, and served via email to counsel for the City of Groveland and City
Council Members: Anita Geraci-Carter, Esquire ([email protected]), Law
Office of Anita R. Geraci-Carver, P.A., 1560 Bloxam Avenue, Clermont, FL
Roper, P.A., 2707 E. Jefferson St., Orlando, FL 32803.
/s/Howard S. Marks HOWARD S. MARKS, ESQUIRE Florida Bar No. 0750085 Email: [email protected] Secondary Email: [email protected] Secondary Email: [email protected] LISA J. GEIGER, ESQUIRE Florida Bar No.: 543594 Email: [email protected] Secondary Email: [email protected] BURR & FORMAN LLP 200 South Orange Avenue, Suite 800 Orlando, Florida 32801 Telephone: 407-540-6600 Attorneys for Petitioner, George Rosario
• Date Count Sentence Confinement I Term Credit Time
No data available In table
Conditions Status
Arrests & Bonds
Arrest Information:
Arrest Date i Arresting Agency Agency Number
No data available in table
Booking # Incident #
Bond Information:
bond • Surety Closed : Forfeiture ; Effective .
# Type ; Count : Bondsman Depositor Company Date ' Amount . Date , Date Status
• No data available in table
Fees
Fee Information; Total Balance + Interest: $0.00 (The fees listed below do not necessarily reflect all outstanding fees on the case. For complete balance Information , please contact the Clerk's office.)
Effective Amount Amount
In In Judgment
Date Due Date Description Due Paid
Balance • Collections Judgment Interest
01/04/2017 01/04/2017 Lake - Circuit Civil Filing $410,00 $410.00
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR
LAKE COUNTY, FLORIDA
GLEN C. WILSON, Case No: 2017-CA- 16
Plaintiff/Petitioner,
vs.
CITY OF GROVELAND, FLORIDA,
Defendant/Respondent. /
VERIFIED COMPLAINT AND' PETITION- FOR WRIT OF MANDAMUS AND INJUNCTION
Plaintiff/Petitioner, Glen C. Wilson ("Mr. Wilson"), sues the City of Groveland, Florida, a political subdivision of the State• of Florida (hereinafter the "City") and alleges:
General Allegations
1. Mr. Wilson is a tax payer and concerned citizen of the City of Groveland and has standing-to bring this lawsuit.
2. George Rosario purports to hold the office of City Mayor/Council Member.
3. George Rosario is a convicted felon (cocaine dealer), lacks the qualifications to hold office and is ineligible to hold office under Article VI, Section 4 of the Constitution of the State of Florida.
4. George Rosario did not have his right to hold public office restored.
COUNT I MANDAMUS
5. Mr. Wilson sues the City for a Writ of Mandamus.
6. Mr. Wilson re-alleges the general allegations 1-4 in this Count.
7. This City has a ministerial duty to declare a forfeiture of office if a council member lacks any qualification for office prescribed- by law. See §3.06 Charter of
Page 1 of 4
APPX-000011
the City of Groveland. See also Memorandum of City of Groveland Attorney attached hereto and incorporated herein as Exhibit "A."
8. The City has failed to declare a forfeiture of office as required by law. See §3.06 Charter of the City of Groveland. See also Article VI, Section 4, of the Constitution of the State of Florida.
9. Mr. Wilson has no adequate remedy at law.
WHEREFORE, Mr. Wilson's Complaint shows a prima facie case for relief and Mr. Wilson requests the Court enter an Alternative Writ in Mandamus requiring the City show cause why a Writ of Mandamus should not be issued. If the City does not sufficiently show cause, Mr. Wilson requests the Court issue a Writ of Mandamus mandating the City immediately declare a forfeiture of George Rosario's office plus an award of costs. If the City does show cause why a Writ of Mandamus should not be immediately issued, Mr. Wilson requests an final evidentiary hearing on his Petition for a Writ of Mandamus.
COUNT II INJUNCTION
10. Mr. Wilson sues for temporary injunction and permanent injunction against the City.
11. Mr. Wilson re-alleges the general allegations 1-4 in this Count.
12. Since Mr. Rosario took office in November 2016, the City Council has voted 3-2 regarding several significant matters (including the recent suspension of the City Manager) with George Rosario voting in the majority.
13. Although George Rosario is not eligible to hold office, the City has unlawfully taken municipal action and plans to take municipal action including the settling of a lawsuit on January 6, 2017, and the firing of the City Manager on January 9, 2017, based on the authority of Mr. Rosario. Mr. Rosario has no such authority.
14. Mr. Wilson has no adequate remedy at law.
15. Mr. Wilson has a substantial likelihood of prevailing on the merits and a clear right to relief.
16. The public interest will be served by an injunction as the voters of Florida have already decided, in approving the Florida Constitution, that they do not want convicted felons holding public office in Florida.
Page 2 of 4
APPX-000012
17. Irreparable injury will likely result if the injunction is not granted because the City has based and will continue to base significant decisions on the authority of Mr. Rosario when Mr. Rosario legally has no authority.
WHEREFORE, Mr. Wilson requests the Court grant a temporary injunction, without notice if necessary, and thereafter a permanent injunction enjoining the City from recognizing the authority of George Rosario as Mayor or Council Member with an award of costs.
Dated this 4th day of January, 2017.
DEREK A. SCHROTH Florida Bar Certified Expert in City, County and Local Government Law and Business Litigation
Florida Bar No. 352070 BOWENJSCHROTH Attorneys for Mr. Wilson 600 Jennings Avenue Eustis, Florida 32726 Telephone (352) 589-1414 Facsimile (352) 589-1726 Email: [email protected] Secondary Email: [email protected]
VERIFICATION
I verify that all the allegations set forth in this Verified Complaint and Petition for Mandamus and Injunction are true and correct. I certify I have notified the City Attorney of this request for injunctive relief and our efforts to obtain a temporary injunction immediately.
Derek A. Schroth STATE OF FLORIDA COUNTY OF LAKE
The foregoing instrument was sworn to and subscribed before me this 4th day of January, 2017, by Derek A. Schroth, who is personally known to me and who did take
Page 3 of 4
APPX-000013
an oath.
My Commission Expires: --"-,
- AMY Bit CARO tniAStElIFIING illoda:sry afio of Florida
ITEM NUMBER: 4 AGENDA ITEM: Declaration of Forfeiture of Office CITY GOAL: Establish a sound and sustainable government supported by
profesSionalism, progressive thinking and modernizing the organization.
PREPARED 1iY: Anita Gerael-Carver, City Attorney . . . DATE: December 28,2016
BACKGROUND: On Friday, December 23, 2016 I received documents showing a person named George L. Rosario was adjudged guilty of two felony counts.-out of the State of Pennsylvania. The George Rosario named in the documents has the same date of birth as• Mr. Rosario and the same middle initial. The Arrest Report/Judge —Preliminary-Arraignment documentiists•a social security. Mr. Rosario provided the City an 1-9 Forth, as required, which lists a social securitynumber. The first ihreenumbers are identical. The remaining 6 numbers are transpoSed with the fourth arid fifth numbers on the arrest report being listed as the, eighth and ninth numbers of the 1-9 Form, and the other numbers shifted. The redacted documents are attached along with a demand letter sent by attorney Derek Schroth to Mr. Rosario demanding he resign his office as mayor. Should Mr. Rosario fail to resign, Mr. Schroth has asked the City Council find that he has forfeited- office..A copy of the demand letters are attached.. A resignation has not been submitted by Mr. Rosario as of the date of this report.
The Florida Constitution provides that no person convicted of a felony shall be qualified to vote or hold office until restoration of civil rights. Sec. 4(a) in Article VI of the Florida Constitution; The Florida Attorney General's Office has issued opinions which provide this section of the Florida Constitution is applicable to municipal public offices. If Mr. Rosario has not had his civil rights restored, then wider the Florida.Constitution, he is not qualified to hold office. Additionally, Sec. 3.02 provides qualifications to hold a city council position, one of which is to be a registered elector. In order to be an "elector", a person must be lawfully registered to vote. In Florida, a person convicted of any felony by any court of record and who has not had his/her rights restored pursuant to law is not eligible to register to vote or vote, F.S. 97.041(2) and DE 95-02. -
According to information provided by the National Association of Criminal Defense Lawyers, in Pennsylvania, a person convicted of a felony• has his/her rights to vote restored in Pennsylvania once released from incarceration. This is automatic without application. However, upon being convicted for a crime punishable by more than 1 year a person loses eligibility to serve on a jury, and upon conviction of any felony loses eligibility to hold public office. In order to have one's civil rights restored to serve on a
"gr6e a9 fah. MsrirOliVr9
APPX-000015
jury or hold public office, it 'requires a pardon which must be applied for and granted. A recommendation- from the Board of Pardons to the Governor of Pennsylvania is required. A pardon restores- 'all legal disabilities. In order to restore one's privilege to have
I/ firearms, which is lost upon conviction of drug offenses, requires application to and
approval:from a court of law.
Mr. Rosario has been given and still has the opportunity to provide documentation demonstrating that he, has had all of his rights restored and therefore, was eligible to seek public office and is ,eligible to held office. On December 23, 20.161recommended that if Mr. Rosario has documentation showing he has had all his civil rights restored he provide a copy to the City and me. As of the date of this -staff *report no documentation has been provided. On December 26 I responded to an e-mail from Mr. Rosario and asked if he had applied_ for and been granted clemency. I have not received a response.
An online search was conducted through the website -of the Office of Executive Clemency for the State of Florida. Its records reflect thatclethency in the State of Florida has not been granted.
On December 28, 2016 I contacted the Board of Pardons in the State of Pennsylvania to inquire 2S to whether. a pardon has been applied for and issued. They could not provide a verbal response. I ,completed their online form• for the inforMation. I received a written response. It states !I\lo one by the name-of George Rosario (D.O.B. XX/XX/XX) has ever applied/reaeived a pardon from our office." The date of birth is the same as is listed on the Arrest Report and 'on Mt. Rosario's 1-9 Form submitted to the-City.
Based on the criminal records submitted to the City there are two felony convictions- and the lack of docuMentation demonstrating his civil rights have been restored, Mr. Rosario is ineligible under 'the Florida Constitution to hold office until such time as all of his civil rights are, restored.
The City's Charter provides in Sec. 3.06(b) that a councilinember shall forfeit his office if he lackS at .any time- during his term of office any qualification for the office prescribed by the Charter or law.,Sec. 3.06(a) of the Charter states that an office shall become vacant upon forfeiture of office, such forfeiture declared by the remaining- members of council, or vacant upon removal from office or any manner authorized by law.
Based on the information obtained from the Office of Executive-Clemency of the State of Florida and the: information received from, the State .of RcimSylVania, there is no documentation to demonstrate 'that his rights have been restored.
STAFF RECOMMENDATION: Motion to 'declare .Mt: Rosati° forfeited his office " and that 4, vacancy exists
REVIEWED BY CITY MANAGER: COUNCIL ACTION:
it 'Tge olff4 fideare, wafeA acrs rood'
APPX-000016
1 }
APPX-000017
Anita Geraci
Frbpi: Sent To: Subject Attachments:
Derek Schroth, <[email protected]> Friday, December 3,j203. 9:35Als.4 Anita Geraci George RPsario's Felony Records, GEORGE L ROSARIO.pdf; ATT06001.txt-
Ciood Morning Mita:
Please see attached. Per my below email, please .1.4 me kriow when the City Cbun011 haveithe meeting to
!ieelare Mayor Rosario's fOrfeiture from office.
APPX-000018
ATTY. NO. COURT REPORTER
r?).04•Ny
ATTORNEY MR DEFENDANT ATTY. NO.
ADA; C.,14-7'.41Air C./
PLACE
COURT REPORTER VERDICT PLEA ' ATTY. POR PROSECUTION
7— P7
'AL- (waiving) hearing, above defendant is held for Courl as follows:, tittimit of 8a/0 (charge)
eraPti(f--- cr4N1K
ARRAKINMENT DATE B ROOM
7"--.0-97
ordered that the chars(*) puckst the defendant are to be presented DATE
to the DIstrlct Attorney, for the. preparation of ari information. et- 79 TRIAL DISPOSITION DATE,
JUDGE
leNTENce
DATE
ft5i1RT ,CLERK
DATE
IlloURT ELMER.
PRELIMINARY HEARING DISPOSITION ATTORNEY FOR DEFENDANT &VIM& Address)
' W,Tr.drj PLACE
"414'1' 1,4r172t1Ptererp,t7i•
CRIMINAL TRANSCRIPT PHILADELPHIA MVOICIPAL COORT.
CH (E)
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TERM NUMBER YR. Mo.
GMM ItGli r .... Mc 11 0 (r7 0 1 cn-'° hip AIN'T .-ILHO in, Name - Meta. or 4delmul DATE
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CONINIONWPITH VS.
CCLUO e:.-0e9e),/
4(lan t. ees St'
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ACTION DATE .
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"NP Vt—
Name 0 opettpa.a. commissi•ReR -
JAW.
COURT CLERK l
PRELIMINARY HEARING OR TRIALCONTINUANCES • FIRSTAcTION
[ .11i •
CONTINUED TO REASON MR CONTINUANCE ; CODE
) I 1 ' D 13.VV:)esyed El 13.0.8.0.
JUDGE. "
JFITHER ACTION CONTINUED To Reason MR CONTINUANCE CODE Juocia
1 I /
D B.W. IssUed 0 B.O.S.D.
FURTHER ACTIONI CONTINUED TO REASON FOR CONTINUANCE c0DE
I ? I
0 R.W. Iseded 0 8.0.5.0.
JUDGE
( FURTHER ACTION CONTINUED TO
__ REASON Pon CONTINUANCE CODE
1 I I 0 B.W. Issued 0 c.o.s.°.
JUDGE ,
hereby vertIfy 'that the above Is a trite and correct ' JUDGE
DATE
.trn arid transcript. Miners my hand and Official Seal.
19 (REV. 12185)
CLERK OF QUARTER SESSIONS
APPX-000019
pt It •
COMMONWEALTH 'op kiNtIsYWANM yeaLADFILPhIA COUNTY
.qatmhy, COMPLA4NT. COMMONWEALTH dr.PSNMSYLVANIA. COMMONWEALTH Or -PENNSYLVANIA v'S 0 orpmix L. ROSARIO
.Ce# 87 25 71624
t the undersigned, do' ers• by state Under oath or affirmations
- (11My! name is.; IgOgA.4 UNTERMEYER, Assistant District Attorney.
• (2) accuse 1:4ORGUL: ROSARIO, who lives at 4920 M., Orme Street,
:with violating the Venal laws of Pennsylvania.
(,0) The dal' and date when the accused committed the offense was on or about; June 8 t 1987.
(4) The offense watt -Committed in. the County of Philadelphia.
(5) The ants CoMmitted by the accused wer a-gendant did deliver to uplercover narcotics Offieer Itane, #4219 one Clear p bag containing.a whiteichunky powder (alleged :cocaine) on -the highway o inside .177 Allegheny Eve-nue in return for 0".200.004 in violation-of P. Penal taws, Section(;) and Title(s)1 Delivery Controlled Eqbstanne N1336rf Possession..W/I Deliver Controlled Subetali'oe Xnowing and Intentional,Poseession Controlled Substanae N1316M, all of which is against the peace and dignity of the Commonwealth.
(6) a ask theta warrant of arrest or a summOns be issued and that the accused he. required to answer-the charge S I have made.
I . Municipal Court Judge/Sail (7) I swear to or affirm the within. aomplaint upon my knowledge, informat a ion nd belief, and sign it. on June Or 1987 before Ph
' e Wirgnatured o Af
On 'dune 8, 1981, the above \orth in the cOmplaint were -nformatiOn and belief, and
\
affiant to be a responsible issuance of prof:teas.
\
fallng 'uthorit
et 1AIVERs Oh - ,' ., I appeared before Judge/a, Com tha read- the—Wa.55151aint to me and explained its canto hived preliminary hearing and consent to be bound over to
named affiant swore or affirmed that the facts set true and correct to the best of his/her knowledge, signed it in my preeence. I believe the within person and,- that ther,9 /- pro able vat se for the
4 119 SEAL
asionet, ts,. and t heregir —Court.
..)Y6fenXine "*"4.. b7;1"0 e A ttors-
APPX-000020
„, nw
•
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CITY OP PHILADELPHIA
POLICE thE'PARTMENT
... , ... . ..... ...... , DU NO.
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it9P.O OrilIOAT 8t.. 00. -ACE
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la
RACE 0 woe Disiedi, cIA.lan IIIN HI sikni a ED Oth Or
SOCIAL SECURITY NO,
1
BIRTH PLACE
XVII FATHER'S NAME I. 7AODRESs (1)uvOnlien only) MOTHER'S NAME t. Ao10 Res s (Juveniiaa on y)
4 ell 111 I I I I I litt ra Wd.saMit0 IP*111:1rMi rl , e4#91.
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Ol/ ' i / , /// r-/ /
010/ e/ for
APPX-000023
UNLAWFULLY DID MANUFACTURE SCHEDULE
TORE,. DELIVER, OR POSSESS WITH INTENT TO INER A CONTROLLED SUBSTANCE CLASSIFIED UNDER
Ii
35 P. S. 780'413)1G) - 710-113)30)
AEI of which is against the Act of -Assembly and the peace and dignity of Me Commo 6ssisTART
6/24/8?- . CASTILL ';,JOS
UM A (Rev. 5/81)
o Pennsyl nia,
WITNESSES
.In the Common-lleos,Ceurt of the County of Philadelph,i, CRIMINAL. SECTION COUNTY Or RHILADLLPRIA S8,
THE DISTRICI ATTORNY,OF PHILADELPHIA COUNTY. BY'THIS :INFORMATION CHARGES--
FIRST. COUNT -THAT•EIN OR ABOUT 8') 1'987 YN _PO II,A 01:-PHIA,C9uNTY y, • .•:,(i,x0RGE L. R6sAnto •••• •• •
UNt.A-RFULLY ,DID "...KNOWINGLY AND INTENTIONALLY POSSESS A CONTROLLED SUBSTANCE it TU .
SECOND COUNT-THAT. op THE SANE- DAY AND YEAR, IN PHILADELPHIA COUNTY, MORTS ;.11.. ROM-RIO
FELDN.I.D.LW–Y—DID MANU-FA
THIRD CDU ON; THE SAME DAT AND YEAR IN' PHILADELPHIA COUNTY,
FELONIOUSLY DID MANUFACTURE, DELIVER, OR POSSESS WITH INTENT TO MANUFACTURE OR DELIVER A 'CONTROLLED SUBSTANCE CLASSIFIED UNDER SCHEDULE I, II OR III. cocaine
FOORT •
FELONIOUSLY DID MANUFACTURE, DELIVER OR :PO SES -H INTENT TO. MANUFACTURE OR DELIVER A CONTROLLED SUBS CLASSIFIED UNDER SCHEDULE IV. . . . „
FIFTH coma -THAT ON THE SAME DAY AND • IN'' PHILADELPHIA COUNTY,
TO MANUFACTURE DR DELIVER A CCINTRO A NA,RCOTIC pRuG :CLAS:St• ! C EDULE 'I DR '7I. 1.0
APPX-000024
Anita Geraci
From: Sent: To: Subject: Attachments:
Derek Schroth <dschrothbowenschrbth.com , Tuesday, December 20, 2016 1:30 PM Anita Geraci Request for Declaration of George Rosario's Forfeiture of Office doc113478201612201325.12.pdf,
Good Afternoon Anita:
Attached is the letter tsent to George Rotario. Should Mr. ROsario not resign within the next 10 days, please schedule, pursuant to Article HI, Section 3.06'of the City's Charter,.a hearing to declare,GeOrge Rosario's forfeiture from office because Mr. Rosario lacksfthe qualifications to hold office pursuant to Article,VI,Section.4 of the Constitution of - he State of Florida. We requeStthis hearing occur on the-City•Councirs first meeting in January. Should Mr. Rosario fail to . resign and should the City:Councli, fall to carry out itsduty,under the law, we will file.a lawsuit with the Circuit Court in arid for Lake County for a Writ of Mandamus against the City and for-injunctive relief _and a Writ of Quo Warranto against George Rosario, Thank you:
Sincerely,
DerekA. Schroth Florida Bat Certified.EgOdttin ,Business Litigation and Local Governmentlaw
OWEN SCERSTH Bowen, Schroth, Mazenko and Broome, RA.
Attorneys at Law
Attorneys
Morton D. Au " Lennon B. Bowen III * Zachary T. Broome H. John Feldman t Sasha O. Garcia Richard W. Hennings " Todd Mazenko James A. Myers Del G, Potter m Derek-A. Schroth 0
Via Certified Mail, Return Reelpt Requested and-Regular U.S. Mail
George Rosario,. Mayor City of 'Grovelarid 156 S. Lake Avenue Groveland, FL 34736
George L. Rosario 1101 Peregine Street Grovelend,'FL,34736
Re: Request for Resignation Due to Criminal Convictions on December 8, 1987'(Case #CP'-51-CR-0628001-1987) and FBI Stolen Valor Inquiry
Dear Mr, Rosario:
I understand from the City Attorney, Anita Geraci, she does not represent you personally regarding:the above-referenced matter. On behalf of my client, .Mr. Glen Wilson, I request you resign from office immediately. ShoOld you refuse to resign, we have a hearing to determine your eligibility to hOld office pursuant to Article III, § 3.06 of City of Groveland Charter before the City COuncil and, if necessary, before a Lake County Circuit Court Judge.
Sincerely,
Derek A. chroth
Aktifg#41h2S RE:
71,3? gacan.nnnna.2i,F, 7192 9354 0740 0000 2791
600 Jennings Avenue I Eustis, Florida 32726 I Tel. (352) 589-1414 I Fax (352) 589-1726 I www.bowenschroth.com
APPX-000026
PLEASE BE GOVERNED ACCORDINGL
Dated this 4th day of January, 2017.
DEREK A. SCHRO Florida Bar Certified Expert in City, County and Local Government Law and Business Litigation
Filing # 50769913 E-Filed 01/04/2017 04:07:16 PM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR
LAKE COUNTY, FLORIDA
GLEN C. WILSON, Case No: 2017-CA-00010
Plaintiff/Petitioner,
vs.
CITY OF GROVELAND, FLORIDA,
Defendant/Respondent.
NOTICE OF EVIDENTIARY HEARING
PLEASE TAKE NOTICE that on January 4, 2017, at 3:30 p.m., or as soon thereafter as counsel can be heard, the Court will hold a hearing before the Honorable Don F. Briggs, Circuit Court Judge for Lake County, Florida, located at 550 W. Main Street, Fifth Floor, Suite 15, Tavares, FL 32778, on:
1. Temporary Injunctive Relief Requested in Plaintiff's Verified Complaint and Petition for Writ of Mandamus and Injunction.
2. Bond Amount Required for Temporary Injunctive Relief.
Florida Bar No. 0352070 BOWENISCHROTH Attorneys for Mr. Wilson 600 Jennings Avenue Eustis, Florida 32726 Telephone (352) 589-1414 Facsimile (352) 589-1726
Page 1 of 2
FILED: LAKE COUNTY, NEIL KELLY, CLERK, 01/05/2017 12:15:05 PM APPX-000027
I HEREBY CERTIFY a true and correct copy of the foregoing has been sent to Anita Geraci, Law Office of Anita Geraci-Carver, P.A., 1560 Bloxam Avenue, Clermont, FL 34711 (anitanagclaw.net), this 4th day of Jan , 2017.
Page 2 of 2
APPX-000028
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR
LAKE COUNTY, FLORIDA
GLEN C. WILSON,
Plaintiff/Petitioner,
vs.
Case No: 2017-CA- /0
CITY OF GROVELAND, FLORIDA,
Defendant/Respondent.
TEMPORARY INJUNCTION
This cause came before the Court on January 4, 2017, after an evidentiary hearing oh Plaintiff/Petitioner's request for temporary injunctive relief consideration in Plaintiff/Petitioner's Verified Complaint and Petition for Writ of Mandamus and Injunction ("Complaint"). The Court, having considered the evidence presented, the law and the representations and argument of counsel, and being otherwise duly advised in the preMises issues this Temporary Injunction, as follows:
I. Findings of Fact
1. George Rosario is a convicted felon. See Plaintiff's Evidence Exhibit "1" a Certified Copy of George Rosario's Criminal Record from First Judicial District of Pennsylvania dated December 23, 2016. There is no evidence in the record to show George Rosario's civil rights, including the right to hold public office, was restored.
2. George Rosario currently holds the office of Mayor/Council Member for the City of Groveland.
3. The City has taken municipal action and plans to take municipal action based on the authority of George Rosario as a public offiOe holder.
4. Plaintiff/Petitioner is a tax payer and citizen of the City Groveland.
IL Conclusion of Law
5.. Plaintiff/Petitioner has a substantial likelihood of succeeding on the merits because Article VI, Section 4 of the Constitution of the State of Florida prohibits convicted felons, including convicted felons from other states, from holding office in Florida until restoration of civil rights.
Page 1 of 2
APPX-000029
6. Plaintiff/Petitioner has no adequate remedy at law as damages are insufficient to address a violation of Article VI, Section 4 of the Constitution of the State of Florida.
7. Irreparable harm will likely result absent entry of this injunction because the City intends to rely on the authority of George Rosario as a public office holder in making significant municipal decisions in the future, including settlement of lawsuits and termination of the City Manager.
8. This injunction serves the public interest because the Constitution of the State of Florida bars convicted felons from holding public office in the State of Florida.
9. The movant shall post .a $ ZOO. 49 bond which the trial court 'determines, based on the representations and evidence before it at this time, are the City's foreseeable damages if this injunction were wrongfully issued.
10. This injunction becomes effective upon the petting of the bond.
III. Iniuhction
11. Until further order of this Court, the City is, hereby enjoined from recognizing the authority of George Rosario as the City of Groveland Mayor or as a City of Groveland Council Member in the City of Groveland.
DONE. AND ORDERED in chambers this 4th day of January, 2017, on Tavares, Florida.
Circuit Court Judge 11,44,„r
tr.11-1 1%414'1.
I HEREBY CERTIFY a true and correct copy of the foregoing has been sent to Derek A.'„ilhAeme% Schroth, Esq.', BowenISchroth, 600 Jennings Avenue, Eustis, FL 32726' 14 v.,3 too, [email protected] and to Anita Geraci, Law Office of Anita Geraci-Carver, tc reuk. I, P•.A., 1.560 Bloxam Avenue, Clermont, Fl 34711 [email protected], 4th day of January, (oh" 2017. qivk ivocje., it&E.,q06"
0Ptosh,
Judicial Assistant/Deputy Clerk
Page 2 of 2
CERTIFICATE OF SERVICE
APPX-000030
Filing # 50921699 E-Filed 01/09/2017 12:38:48 PM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR
LAKE COUNTY, FLORIDA
GLEN C. WILSON, Case No: 2017-CA-00010
Plaintiff/Petitioner,
vs.
CITY OF GROVELAND, FLORIDA, and GEORGE ROSARIO,
Defendants/Respondents.
AMENDED VERIFIED COMPLAINT
Plaintiff/Petitioner, Glen C. Wilson ("Mr. Wilson"), sues the City of Groveland, Florida, a political subdivision of the State of Florida (hereinafter the "City") and George Rosario and alleges:
General Allegations
1. Mr. Wilson is a tax payer and concerned citizen of the City of Groveland and has standing to bring this lawsuit.
2. George Rosario purports to hold the public office of City Mayor/Council Member.
3. George Rosario is a convicted felon, lacks the qualifications to hold office and is ineligible to hold office under Article VI, Section 4, of the Constitution of the State of Florida.
4. George Rosario did not have his right to hold public office restored.
COUNT I MANDAMUS
5. Mr. Wilson sues the City for a Writ of Mandamus.
6. Mr. Wilson re-alleges general allegations 1-4 in this Count.
7. This City has a ministerial duty to declare a forfeiture of office if a council
Page 1 of 5
FILED: LAKE COUNTY, NEIL KELLY, CLERK, 01/10/2017 10:23:38 AM APPX-000031
member lacks any qualification for office prescribed by law. See Memorandum of City of Groveland Attorney attached hereto and incorporated herein as Exhibit "A." See also §3.06 Charter of the City of Groveland.
8. The City has failed to declare a forfeiture of office as required by law. See §3.06 Charter of the City of Groveland, See also Article VI, Section 4, of the Constitution of the State of Florida.
9. Mr. Wilson has no adequate remedy at law.
WHEREFORE, because the Court already issued an Alternative Writ in Mandamus, if the City does not sufficiently show cause, Mr. Wilson requests the Court issue a Writ of Mandamus mandating the City immediately declare a forfeiture of George Rosario's office plus an award of costs. If the City does show cause why a Writ of Mandamus should not be immediately issued, Mr. Wilson requests an final evidentiary hearing on his Petition for a Writ of Mandamus.
COUNT II INJUNCTION
10. Mr. Wilson sues for temporary injunction and permanent injunction against the City.
11. Mr. Wilson re-alleges the general allegations 1-4 in this Count.
12. Since Geroge Rosario took office in November 2016, the City Council has voted 3-2 regarding several significant matters (including the recent suspension of the City Manager) with George Rosario voting in the majority.
13. Although George Rosario is ineligible to hold office, the City has unlawfully taken municipal action and plans to take further municipal action based on the authority of Mr. Rosario. Mr. Rosario has no such authority.
14. Mr. Wilson has no adequate remedy at law.
15. Mr. Wilson has a substantial likelihood of prevailing on the merits and a clear right to relief.
16. The public interest will be served by an injunction as the voters of Florida have already decided, in approving the Florida Constitution, the qualifications to hold public office in Florida. George Rosario does not meet the qualifications to hold public office in Florida.
Page 2 of 5
APPX-000032
17. Irreparable injury will likely result if the injunction is not granted because the City has based and will continue to base significant decisions on the authority of Mr. Rosario when he legally has no authority to act as a public official.
WHEREFORE, because the Court already issued a temporary injunction, Mr. Wilson requests a permanent injunction enjoining the City from recognizing the authority of George Rosario as Mayor or Council Member with an award of costs.
COUNT III INJUNCTION AGAINST GEORGE ROSARIO
18. Mr. Wilson sues for temporary injunction and permanent injunction against George Rosario.
19. Mr. Wilson re-alleges general allegations 1-4 in this Count.
20. Since George Rosario took office in November 2016, the City Council has voted 3-2 regarding several significant matters (including the recent suspension of the City Manager) with George Rosario voting in the majority.
21. Although George Rosario is ineligible to hold office, George Rosario has taken action and intends to take further action in the invalid capacity of a Florida public office holder. George Rosario has no authority to take such action.
22. Mr. Wilson has no adequate remedy at law.
23. Mr. Wilson has a substantial likelihood of prevailing on the merits and a clear right to relief.
24. The public interest will be served by an injunction as the voters of Florida have already decided, in approving the Florida Constitution, the qualifications to hold public office in Florida. George Rosario does not meet the qualifications to hold public office in Florida.
25. Irreparable injury will likely result if the injunction is not granted because the City has based and will continue to base significant decisions on the invalid authority of Mr. Rosario.
WHEREFORE, Mr. Wilson requests the Court grant a temporary injunction, without notice if necessary, and thereafter a permanent injunction enjoining George Rosario from exercising any of his authority as a public office holder with an award of costs.
Page 3 of 5
APPX-000033
COUNT IV QUO WARRANTO
26. Mr. Wilson sues George Rosario for a Writ of Quo Warranto with ancillary relief against the City to invalidate any official actions taken by George Rosario, including actions taken at any special meetings called by George Rosario and all municipal actions which passed only because his invalid vote.
27. Mr. Wilson re-alleges general allegations 1-4 in this Count.
28. George Rosario has taken invalid action as a public official when he had no authority to take such action.
29. George Rosario is ineligible to hold public office in Florida because he is a convicted felon and any attempt or claim by George Rosario that he has some power, authority or right to hold public office is improper and unlawful.
WHEREFORE, Mr. Wilson's Amended Verified Complaint shows a prima facie case for relief and Mr. Wilson requests the Court enter a Writ of Quo Warranto (1) requiring George Rosario show cause why he has the right to hold public office in Florida as a convicted felon and (2) requiring the City to show cause why George Rosario's prior official acts should not be invalidated. If cause is not sufficiently shown, Mr. Wilson requests (1) the Court issue an order voiding any and all official acts of George Rosario and all municipal actions which passed only because his invalid vote and (2) order George Rosario's forfeiture office plus an award of costs. If cause is shown, Mr. Wilson requests a final evidentiary hearing on Quo Warranto adjudicating (1) George Rosario does not have the right to hold public office in Florida and his office is forfeited and (2) George Rosario's prior official acts are void.
Dated this 9th day of January, 2017.
DEREK A. SCHROTH Florida Bar Certified Expert in City, County and Local Government Law and Business Litigation Florida Bar No. 352070 BOWENISCHROTH Attorneys for Mr. Wilson 600 Jennings Avenue Eustis, Florida 32726 Telephone (352) 589-1414 Facsimile (352) 589-1726 Email: [email protected] Secondary Email: [email protected]
Page 4 of 5
APPX-000034
Derek A. Schroth
VERIFICATION
I verify that all the allegations set forth in this Verified Complaint and Petition for Mandamus and Injunction are true and correct. I certify my attorney has or will notify the City Attorney, George Rosario and his lawyer, of this request for injunctive relief and our efforts to obtain a temporary injunction immediately.
Glen C. Wilson STATE OF FLORIDA COUNTY OF LAKE
The foregoing instrument was sworn to and subscribed before me this 9th day of January, 2017, by Glen C. Wilson, who is personally known to me and who did take an oath.
$$$ VI DEREK A. SCHROTH
Notary Public State of Florida Commission # FF 919403
My Comm. Expires Sep 17, 2019 BordecItteoupti National Notary Assn.
Notary Public My Commission Expires:
CERTIFICATE OF SERVICE
I HEREBY CERTIFY a true and correct copy of the foregoing has been sent to City Attorney Anita Geraci, Law Office of Anita Geraci-Carver, P.A., 1560 Bloxam Avenue, Clermont, FL 34711 anitaAagclaw.net, George Rosario, perocierosario657Avahoo.com and Attorney for George Rosario Jim Jimenez, [email protected] 9th day of January, 2017.
Page 5 of 5
APPX-000035
REQUEST FOR CITY COUNCIL CONSIDERATION
MEETING DATE: January 3, 2017
ITEM NUMBER: 4 AGENDA ITEM: Declaration of Forfeiture of Office CITY GOAL: Establish a sound and sustainable government supported by
professionalism, progressive thinking and modernizing the organization.
PREPARED BY: Anita Geraci-Carver, City Attorney DATE: December 28, 2016
BACKGROUND: On Friday, December 23, 2016 I received documents showing a person named George L. Rosario was adjudged guilty of two felony counts out of the State of Pennsylvania. The George L. Rosario named in the documents has the same date of birth as Mr. Rosario and the same middle initial. The Arrest Report/Judge —Preliminary Arraignment document lists a social security. Mr. Rosario provided the City an 1-9 Form, as required, which lists a social security number. The first three numbers are identical. The remaining 6 numbers are transposed with the fourth and fifth numbers on the arrest report being listed as the eighth and ninth numbers of the 1-9 Form, and the other numbers shifted. The redacted documents are attached along with a demand letter sent by attorney Derek Schroth to Mr. Rosario demanding he resign his office as mayor. Should Mr. Rosario fail to resign, Mr. Schroth has asked the City Council find that he has forfeited office. A copy of the demand letters are attached. A resignation has not been submitted by Mr. Rosario as of the date of this report.
The Florida Constitution provides that no person convicted of a felony shall be qualified to vote or hold office until restoration of civil rights. Sec. 4(a) in Article VI of the Florida Constitution. The Florida Attorney General's Office has issued opinions which provide this section of the Florida Constitution is applicable to municipal public offices. If Mr. Rosario has not had his civil rights restored, then under the Florida Constitution, he is not qualified to hold office. Additionally, Sec. 3.02 provides qualifications to hold a city council position, one of which is to be a registered elector. In order to be an "elector", a person must be lawfully registered to vote. In Florida, a person convicted of any felony by any court of record and who has not had his/her rights restored pursuant to law is not eligible to register to vote or vote, F.S. 97,041(2) and DE 95-02.
According to information provided by the National Association of Criminal Defense Lawyers, in Pennsylvania, a person convicted of a felony has his/her rights to vote restored in Pennsylvania once released from incarceration. This is automatic without application. However, upon being convicted for a crime punishable by more than 1 year a person loses eligibility to serve on a jury, and upon conviction of any felony loses eligibility to hold public office. In order to have one's civil rights restored to serve on a
"7-fie tol&
APPX-000036
jury or hold public office it requires a pardon which must be applied for and granted. A recommendation from the Board of Pardons to the Governor of Pennsylvania is required. A pardon restores all legal disabilities. In order to restore one's privilege to have firearms, which is lost upon conviction of drug offenses, requires application to and approval from a court of law.
Mr. Rosario has been given and still has the opportunity to provide documentation demonstrating that he has had all of his rights restored and therefore, was eligible to seek public office and is eligible to hold office. On December 23, 2016 I recommended that if Mr. Rosario has documentation showing he has had all his civil rights restored he provide a copy to the City and me. As of the date of this staff report no documentation has been provided. On December 26 I responded to an e-mail from Mr. Rosario and asked if he had applied for and been granted clemenpy. I have not received a response.
An online search was conducted through the website of the Office of Executive Clemency for the State of Florida. Its records reflect that clemency in the State of Florida has not been granted.
On December 28, 2016 I contacted the Board of Pardons in the State of Pennsylvania to inquire as to whether a pardon has been applied for and issued. They could not provide a verbal response. I completed their online form for the information. I received a written response. It states "No one by the name of George Rosario (D.O.B. XX/XX/XX) has ever applied/received a pardon from our office." The date of birth is the same as is listed on the Arrest Report and on Mr. Rosario's 1-9 Form submitted to the City,
Based on the criminal records submitted to the City there are two felony convictions and the lack of documentation demonstrating his civil rights have been restored, Mr. Rosario is ineligible under the Florida Constitution to hold office until such time as all of his civil rights are restored.
The City's Charter provides in Sec. 3.06(b) that a councilmember shall forfeit his office if he lacks at any time during his term of office any qualification for the office prescribed by the Charter or law. Sec. 3.06(a) of the Charter states that an office shall become vacant upon forfeiture of office, such forfeiture declared by the remaining members of council, or vacant upon removal from office or any manner authorized by law.
Based on the information obtained from the Office of Executive Clemency of the State of Florida and the information received from the State of Pennsylvania, there is no documentation to demonstrate that his rights have been restored.
STAFF RECOMMENDATION: Motion to declare Mr. Rosario forfeited his office and that a vacancy exists
REVIEWED BY CITY MANAGER:
COUNCIL ACTION:
'17-45 01.1 with (where, svatc4 teurowf"
APPX-000037
MOTION BY: SECOND BY:
"776e a; F wig future, wate4 tovirowl"
APPX-000038
Anita Geraci
From: Sent: To: Subject: Attachments:
Derek Schroth <[email protected]> Friday, December 23, 2016 9:35 AM Anita Geraci George Rosario's Felony Records GEORGE L ROSARIO.pdf; ATT00001.txt
'Iood Morning Anita:
Please see attached. Per my below email, please let me know when the City Council will have the meeting to declare Mayor Rosario's forfeiture from office.
1
APPX-000039
COMMONWEALTH
(co-Lt,t), oeqe,, fG OiZ.Mez S-1-1
COURT REPORTER
r.Y 04491 'BURT CLERK
Altar (waiving) (waiving) hearing, (Amount of Etal(1
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above defendant is held for Court as follows:, (algae)
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ATTY. NO.
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DATE
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PLACE ATTORNEY FOR DEFENDANT (Mine 4 Arldrels)
is ordered that the charge(s) against the defendant are to be presented DATE
io the District Attorney for the preparation of an information. e—/7'--692 TRIAL DISPOSITION DATE
ATTORNEY DOR DEFENDANT
JUDGE
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PLACE
ARRAIGNMENT DATE G ROOM
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hereby certify that the above is a true and correct JuDcm
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yr,: and transcript. Witness my hand and Official Seal.
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CLERK OF QUARTER SESSIONS
APPX-000040
pl /+' • A. •
COMMONWEALTN'OF PENNSYLVANIA ytILADELPHIA COUNTY
.CRIMINAL COMPLAINT. COMMONWEALTH OVPENNSYLVANIA CONMOMWEALTH OF PENNSYLVANIA
M C4,4
1, the undersigned, do ereby state . 1
(1)' My name is': UNTERNEYER,
(2) I accuse GEORGE L. ROSARIO, who lives et 4920 N, Ormes :with violating the 'Penal laws of Pennsylvania.
P/H MESDPNBANOP. TL
,,,,+•er re,
DtVDASION CASE FOJ PON VIOL
vs. GEORGE L. ROSARIO
<7-
D.C.( 87 25 71624
Street, Phtla., Pay
under oath or affirmation:
Assistant District Attorney.
(3) The day and date when the June 8, 1987.
(4) The offense was committed in the County of Philadelphia.
(B) The acts Committed by the accused worp cgendent did deliver to u Viesovor narcotioe Officer Kane, 44219 one clear part bag containing a white Chunky powder (alleged cocaine) on the highway o inside 177 W. Allegheny Avehue in return for $1,200.00, in violation of Pa. Penal Laws, Section(s) and Titla(e)t Delivery Controlled Substance N13301.0 t Possession W/I Deliver Controlled SubsteWo‘,N1330T1 l(nowing and Intentional Possession Controlled Substance • N1316N, all of which is against the peace and dignity of the Commonwealth.
(6) I Ask that a warrant of arrest or, a summons be issued and that the accused he required to answer the charges I have made.
(7) I swear to or affirm the within complaint upon my knowledge, information and belief, and sign it on Juno 8, 1987 before Phila. Municipal Court Judge/Bail Commissioner A v`v,. •
accused committed the offense was on or about:
' On dune 8, 198t the above forth in the complaint were jnformation and belief, and
\
affiant to be a responsible issuance of process.
named affiant swore or affirmed that the facts set true and correct to the host of his/her knowledge, signed it in my presence. I believe the within person and that thor1 pro ableA ea, se for the
SEAL IWITng Author
IAIVER: On , I appeared before Judge/Da Com the read tie-76-6Wgiiiilaint to me and explained its eonte Mived preliminary hearing and consent to be bound over to
.esioner ts, and7TITCourt..
be f e
.
Defense Attorney
APPX-000041
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ARRE- ST''' REPOFfT CITY OF nit..Aogi.plim
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DU 110.
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i malmesua* YEAR DISTRICT DC NO, SEC CRIME CLASS i
TORE, DELIVER, OR POSSESS WITH INTENT TO LIVER A CONTROLLED SUBSTANCE CLASSIFIED UNDER
35 P. S. 700-113)16) — 780-113)30)
O ST•IC A °ME RONALD D. CASTILLE•
Ith o Pennsyl nie
JOSSANDIEr AESI8TAIIT
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All of which is against the Act of Assembly and the peace and dignity of the Commo
6 2/I- 8 30-VIA (Foy, S/13/}
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WITNESSES
COMMONWEALTH. OF PENNSYLVANIA In the Common Pleas..Co,urt of the County of Philadelphia'
COUNTY OF RHILADEIPHIA ss, r, CRIMINAL SECTION
,
THE DISTRICT ATTORNEY OF PHILADELPHIA COUNTY LrY .THIS INFORMATION CHARGES—
FIRST COUNT —THAT'UN OR ABOUT IN PO4,-A.Pq.MA,.QQUNTYY
Jupe'8, 1987
GEORGE L. ROSARIO UNLAWFULLY DID KNOWINGLY AND INTENTIONALLY POSSESS A CONTROLLED SUBSTANCE, TO WIT— cocaine
SECOND COUNT—THAT ON THE SAME DAY AND YEAR, IN PHILADELPHIA COUNTY, GEORGE L. ROSARIO
A NARCOTIC DRUG CLASS' b
TO MANUFACTURE OR DELIVER A CYNTRO ' FE,LONIUUSLY DID MAN4F.A.GTURET—DELIV - •
C EDULE I TO WIT—
THIRD COU ON THE SAME DAY AND YEAR, TN PHILADELPHIA COUNTY,
FELONIOUSLY DID MANUFACTURE, DELIVER/ OR POSSESS WITH INTENT TO MANUFACTURE OR DELIVER ACONTROLLE
.D SUBSTANCE CLASSIFIED
UNDER SCHEDULE I, II OR III. cocaine FODWilt—MOUNT —THAT
FELONIOUSLY DID MANUFACTURE, DELIVER/ OR POSSES H INTENT TO MANUFACTURE OR DELIVER A CONTROLLED SUBS CLASSIFIED UNDER SCHEDULE IV.
'FIFTH COUNT —THAT ON THE SAME DAY AND R, IN PHILADELPHIA COUNTY,
APPX-000045
Anita Geraci
From: Derek Schroth <[email protected] > Sent: Tuesday, December 20, 2016 1:30 PM To: Anita Geraci Subject: Request for Declaration of George Rosario's Forfeiture of Office Attachments: doc11347820161220132512.pdf
Good Afternoon Anita:
Attached is the letter I sent to George Rosario. Should Mr. Rosario not resign within the next 10 days, please schedule,
pursuant to Article Ill, Section 3.06 of the City's Charter, a hearing to declare George Rosario's forfeiture from office
because Mr. Rosario lack's the qualifications to hold office pursuant to Article VI, Section 4 of the Constitution of the
State of Florida. We request this hearing occur on the City Council's first meeting in January. Should Mr. Rosario fail to
resign and should the City Council fail to carry out its duty under the law, we will file a lawsuit with the Circuit Court in
and for Lake County for a Writ of Mandamus against the City and for injunctive relief and a Writ of Quo Warranto against George Rosario. Thank you.
Sincerely,
Derek A. Schroth
Florida Bar Certified Expert in Business Litigation and Local Government Law
Morton D. Mills " Lennon E. Bowen 01 Zachary T. Broome -t H. John Feldman f Sasha 0. Garcia Richard W. Hennings " Todd J. Mazenko James A Myers Del G, Potter Derek A. Schroth
4. Of Counsel -Florida Bar Certified In Wills, Trusts and sstates • Of Counsel - Florida Supreme Court Certified
Circuit Civil end Appellate Mediator
0 Florida Bar Certified Expert In Business Litigation ;rid Local Government Law
Email Address: dschrothftowenschroth,com
BOWEN I SCHR H Bowen, Schroth, Mazenko and Broome, P.A.
Attorneys at Law
December 20, 2016
Via Certified Mail, Return Receipt Requested and Regular U.S. Mail
George Rosario, Mayor City of Groveland 156 S. Lake Avenue Groveland, FL 34736
George L. Rosario 1101 Peregine Street Groveland, FL 34736
Re: Request for Resignation Due to Criminal Convictions on December 8, 1987 (Case #CP-51-CR-0628001-1987) and FBI Stolen Valor Inquiry
Dear Mr. Rosario:
I understand from the City Attorney, Anita Geraci, she does not represent you personally regarding the above-referenced matter. On behalf of my client, Mr. Glen Wilson, I request you resign from office immediately. Should you refuse to resign, we will have a hearing to determine your eligibility to hold office pursuant to Article III, § 3.06 of City of Groveland Charter before the City COuncil and, if necessary, before a Lake County Circuit Court Judge.
Sincerely,
DAS/amh
Derek A. chroth
FO.01.8011444
RE:
71,92_g~44_.074t1.nnnn._ 2_7 A tr
RE;
7192 9354 0740 0000 2791
600 Jennings Avenue 1 Eustis, Florida 32726 I Tel. (352)589-1414 I Fax (352) 589-1726 I www,bowenschroth.com
APPX-000047
INSTRUMENT#: 2018002530 OR BK 5050 PG 1679 PAGES: 2 1/8/2018 10:24:49 AM NEIL KELLY, LAKE COUNTY CLERK OF THE CIRCUIT COURT REC FEES: $0.00
Filing # 66163670 E-Filed 01/05/2018 01:47:39 PM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR
LAKE COUNTY, FLORIDA
GLEN C. WILSON, Case No: 2017-CA-00010
Plaintiff/Petitioner,
vs.
CITY OF GROVELAND, FLORIDA, And GEORGE ROSARIO,
Defendants/Respondents.
NOTICE OF VOLUNTARY DISMISSAL OF CASE AGAINST GEORGE ROSARIO WITH PREJUDICE
Plaintiff/Petitioner, Glen C. Wilson, with prejudice against Defendant Plaintiff/Petitioner, through counsel, litigating this case. Plaintiff/Petitioner res
through its undersigned counsel dismisses its lawsuit ent, George Rosario. George Rosario and
ay their own attorney's fees and costs in to obtain a refund of his bond.
Florida Bar Certified Expert in City, County and Local Government Law and Business Litigation
Florida Bar No. 0352070 BOWENISCHROTH Attorneys for Mr. Wilson 600 Jennings Avenue Eustis, Florida 32726 Telephone (352) 589-1414 Facsimile (352) 589-1726 Email: [email protected] Secondary Email: ahasselbringAbowenschroth.com
FILED: LAKE COUNTY, NEIL KELLY, CLERK, 01/08/2018 10:12:12 AM APPX-000048
INSTRUMENT# 2018002530 OR BOOK 5050/PAGE 1680 PAGE 2 of 2
Lake County Case No. 2017 CA 000010
CERTIFICATE OF SERVICE
I HEREBY CERTIFY a true and correct copy of the foregoing has been via the Florida Court e-portal and via e-mail to City, ichael J. Roper, Esq., Dale A. Scott, Esq., John M. Janousek Esq., Bell & Roper, \ 2707 E. Jefferson Street, Orlando, FL 32803, [email protected], bellro e law.com, [email protected], bpoolebellroperlaw.com, -anr.usek bellroserlaw.com, [email protected], Attorney Anita Geraci, Law Office of Ana Ger .c-Carver, P.A., 1560 Bloxam Avenue, Clermont, FL 34711 anitaQagclaw.net, Attorne or Gee Rosario, Onier Llipiz, Esq, Joan Carlos Wizel, Esq., Troy Beecher, Esq. Lydecker az, 12nBrickell Avenue, 19th Floor, Miami, Fl 33131, [email protected], gcbalydecke4• . .com,\, 1 derdiaz.com, [email protected], [email protected], ddixon@lydecker .com, day of January, 2018.
2
APPX-000049
INSTRUMENT#: 2018002529 OR BK 5050 PG 1677 PAGES: 2 1/8/2018 10:24:13 AM NEIL KELLY, LAKE COUNTY CLERK OF THE CIRCUIT COURT REC FEES: $0.00
Filing # 66163670 E-Filed 01/05/2018 01:47:39 PM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR
LAKE COUNTY, FLORIDA
GLEN C. WILSON, Case No: 2017-CA-00010
Plaintiff/Petitioner,
vs.
CITY OF GROVELAND, FLORIDA, And GEORGE ROSARIO,
Defendants/Respondents.
NOTICE OF VOLUNTARY DISMISSAL OF CASE AGAINST CITY OF GROV LAND, FLORIDA, WITHOUT PREJUDICE
NN,
Plaintiff/Petitioner, Glen C. Wilson, b without prejudice against Defendant/Res
11...its undersigned counsel dismisses its lawsuit roveland, Florida.
DEREK A. SCHROTH Florida Bar Certified Expert in City, County and Local Government Law and Business Litigation
Florida Bar No. 0352070 BOWENISCHROTH Attorneys for Mr. Wilson 600 Jennings Avenue Eustis, Florida 32726 Telephone (352) 589-1414 Facsimile (352) 589-1726 Email: [email protected] Secondary Email: ahasselbringa,bowenschroth.com
FILED: LAKE COUNTY, NEIL KELLY, CLERK, 01/08/2018 10:12:12 AM APPX-000050
INSTRUMENT# 2018002529
OR BOOK 5050/PAGE 1678 PAGE 2 of 2
Lake County Case No. 2017 CA 000010
CERTIFICATE OF SERVICE
I HEREBY CERTIFY a true and correct copy of the foregoing has been via the Florida Court e-portal and via e-mail to City, Michael J. Roper, Esq., Dale A. Scott, Esq., John M. Janousek Esq., Bell & Roper, P.A. 2707 E. Jefferson Street, Orlando, FL 32803,
INSTRUMENT#: 2018004105 OR BK 5052 PG 1077 PAGES: 2 1/11/2018 8:44:39 AM NEIL KELLY, LAKE COUNTY CLERK OF THE CIRCUIT COURT REC FEES: $0.00
Filing # 66339251 E-Filed 01/10/2018 10:01:45 AM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR
LAKE COUNTY, FLORIDA
GLEN C. WILSON, Case No: 2017-CA-00010
Plaintiff/Petitioner,
vs.
CITY OF GROVELAND, FLORIDA, And GEORGE ROSARIO,
Defendants/Respondents.
AMENDED NOTICE OF VOLUNTARY DISMISSAL OF CASE AGAINST CITY OF GROVELAND, FLORIDA, WITH PREJUDICE
Plaintiff/Petitioner, Glen C. Wilson, by and through its undersigned counsel dismisses its lawsuit with prejudice against Defendant/Respondent, City of Groveland, Florida. The parties agree, through counsel, to pay their own attorney's fees and costs in litigating this case. Plaintiff/Petitioner reserves the right to obt efund of his bond.
DEREK A. SCHROTH Florida Bar Certified Expert in City, County and Local Government Law and Business Litigation
Florida Bar No. 0352070 BOWENISCHROTH Attorneys for Mr. Wilson 600 Jennings Avenue Eustis, Florida 32726 Telephone (352) 589-1414 Facsimile (352) 589-1726 Email: [email protected] Secondary Email: [email protected]
FILED: LAKE COUNTY, NEIL KELLY, CLERK, 01/10/2018 04:46:00 PM APPX-000052
INSTRUMENT# 2018004105 OR BOOK 5052/PAGE 1078 PAGE 2 of 2
Lake County Case No. 2017 CA 000010
CERTIFICATE OF SERVICE
I HEREBY CERTIFY a true and correct copy of the foregoing has been via the Florida Court e-portal and via e-mail to City, Michael J. Roper, Esq., Dale A. Scott, Esq., John M. Janousek Esq., Bell & Roper, P.A. 2717 E. Jefferson Street, Orlando, FL 32803, [email protected], •her 4-sa bellro erlaw.com, [email protected], [email protected], -anousek erlaw.com, [email protected], Attorney Anita Geraci, Law Office of Anita Gerh,,, -Carver, PA., 1560 Bloxam Avenue, Clermont, FL 34711 [email protected], Attorney for Geo :e Rosario, Onier Llipiz, Esq, Joan Carlos Wizel, Esq., Troy Beecher, Esq. Lydecker Diaz; l\i2\l\13,,rlelcell Avenue, 19th Floor, Miami, Fl 33131, [email protected], [email protected]
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
GEORGE ROSARIO,
Appellant,
v. Case No. 5D17-287
GLEN C. WILSON AND CITY OF GROVELAND, FLORIDA,
Appellees.
Opinion filed October 27, 2017
Non-Final Appeal from the Circuit Court for Lake County, Don F. Briggs, Judge.
Joan C. Wizel, Onier Llopiz and Troy Beecher, of Lydecker Diaz, Miami, for Appellant.
Derek A. Schroth and Zachary T. Broome, of Bowen, Schroth, Mazenko & Broome, P.A., Eustis, for Appellee, Glen C. Wilson.
Michael J. Roper, Dale A. Scott and John M. Janousek, of Bell & Roper, P.A., Orlando, for Appellee, City of Groveland, Florida.
Filedity of /1/0 teermAe.P; c7e) /7 in the office of the Clerk of the Circuit Court in and ilar Lako County, State of Florida
PER CURIAM.
We address the propriety of a preliminary injunction prohibiting the City of
Groveland from "recognizing the authority of George Rosario as the City of Groveland
•11 APPX-000056
Mayor" due to his alleged status as a convicted felon. Although numerous issues
challenging the order have been raised, including the failure to join Mr. Rosario as a party
and the failure to provide him notice of the hearing on the motion, we conclude as
dispositive that injunctive relief is unavailable because of an adequate remedy at law—
application for a writ of quo warranto. See Swoope v. City of New Smyrna, 125 So. 371
(Fla. 1929). Accordingly, we reverse the order under review and remand this cause for
further proceedings. I
REVERSED AND REMANDED.
TORPY, WALLIS and LAMBERT, JJ., concur.
I After the injunction was entered, the complaint was amended to join Mr. Rosario and to seek a writ of quo warranto.
2
APPX-000057
I hereby certify that the foregoing is (a true copy of) the original Court mandate.
-4t
(111.1
JOANNE P. SIMMONS, CLERK
M AND A T E from
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
THIS CAUSE HAVING BEEN BROUGHT TO THIS COURT BY APPEAL OR BY PETITION, AND
AFTER DUE CONSIDERATION THE COURT HAVING ISSUED ITS OPINION OR DECISION;
YOU ARE HEREBY COMMANDED THAT FURTHER PROCEEDINGS AS MAY BE REQUIRED
BE HAD IN SAID CAUSE IN ACCORDANCE WITH THE RULING OF THIS COURT AND WITH THE
RULES OF PROCEDURE AND LAWS OF THE STATE OF FLORIDA.
WITNESS THE HONORABLE JAY P. COHEN, CHIEF JUDGE OF THE DISTRICT COURT OF
APPEAL OF THE STATE OF FLORIDA, FIFTH DISTRICT, AND THE SEAL OF THE SAID COURT AT
DAYTONA BEACH, FLORIDA ON THIS DAY,
DATE: November 20, 2017
FIFTH DCA CASE NO.: 5D 17-0287
CASE STYLE: GEORGE ROSARIO v. GLEN C. WILSON AND CITY OF GROVELAND, FLORIDA
COUNTY OF ORIGIN: Lake
TRIAL COURT CASE NO.: 2017-CA-00010
cc: Michael J Roper Joan Carlos Wizel John M. Janousek
Derek A Schroth Zachary I Broome Lake Co Circuit Ct Clerk
Dale A Scott Troy Beecher
APPX-000058
eAt/Att.A./ , Emogel isor of Elections e W. Stegall, Supe
7
Terry Neal, County Jud
4-/okeke647-45" Minky, Representative of the Board of County Commissioners
"official" CANVASSING BOARD CERTIFICATE
STATE OF FLORIDA LAKE COUNTY
We, the undersigned, Terry Neal, County Judge; Imogene W. Stegall, Supervisor of Elections and Sandy Minkoff, Representative Board of County Commissioners, constituting the County Canvassing Board for said City, do hereby certify that we met on the 8th day of November A,D., 2016, and preceded publicly to canvass the votes for the CITY OF GROVELAND GENERAL ELECTION, as shown on the returns on file at the Lake County Supervisor of Elections' Office. We do hereby certify said returns:
Groveland Council Member District 1 Mayor (Vote for One)
Votes George L Rosario 1,743 James Smith 1,601 Glen Wilson 1,639
Groveland Council Member District 3 (Vote for One)
Votes Ralph W Morris 2,166 Dina Sweatt 2,623
Groveland Council Member District 5 (Vote for One)
Votes Eunice Garbutt 2,109 John Griffin 2,557
APPX-000059
It I," LI MS REENAIE etirkTMCG. el4
REGISTRATION VERIFICATION 0 CITY OF PHILADELPIHA TELEPHONE NO,: MU 6-1500
VOTER NAME AND ADDRESS
'GE GE L. ROSARIO 1; N. 05TH ST. Ph —ADELPHIA, PA 19122,
WARD DIV. I.D. NUMBER DATE OF BIRTH DATE OF REG.
18 09 3247444 06/06/57 10/05/9 , . SEX RACE U.S. CONG. DIST. PA. SENATE . PA. NSF. REP. CliY COUNCIL -
. M 0 03 03. . 175 • 05
PARTY
sHigitt D.EMOC.RAT
REGISTRATION VERIFICATION - CITY OF PHILADELPHIA- -TELEPHONE NO.: MU 6-3515
VOTER NAME AND 'ADDRESS '
G'FORGE. ,ICSARIP,.; 3.2'55' E. .T14,-.111 ST 1714II.Ar2.ELPHTA...•••..PA..• 19114
I 0 NUMBER.. :DATE OF. BIRTH l PATE OF REG.
0757 .
SEX RACE U.S.. (ONG. DIST. PA. SENATE PA. 1456 REP. CITY COW.- CI
01 I 179
DIV 15 2901561.. 0
Rosario, George L **Protected** **Protected*
YOU VOTE At community Building 243 S Lake Ave. Groveland
FLO:OM VOTER RE01STRA7103 ItUVUR PRECIUCT t10.
115852738 23
VAT PrVIN fdt.T tWi
AND ADOREES
401011 PA 1
.HARD DP/ iA NUMBER
Lyk# Lltroty linter 116171111110 (Mot bar Identification at the pas)
YOUR V.V.tE AND IlESIOE110E ADDRESS:
. DATeeenitutt RECtSTRATIO1111ATE PARTY • ****/**/** 2/11/2008 Rep RArd: U C,0116 DIST. NATE PA. CITY
15 22 32.
111191111 111111=111111 111111111 Groveland
Florald Statutes require that you .penvIde photo and signature Idnntlftentlen III nrrinr in unto.
aiiii,rihre.:6Aor.‘ • . DRIVER LIC L S$ 8260-312r57-206-0
APPLICATXON FOR CLEMENCY Chock box for type oPelemeney ek.Tir;c1. All applicatlens must pave the proper court doournents attached.
LW Restoration of Civil Rights for Florida/Federal/ Military, or Our conviction
5 or 7 years after completion of sentence)
Restoration of Alien Status Under Florida Law (ElimbLe 5 or 7 years after completion of sontellqe)
Sp cc/fie Authority to Own, Possess 'or Use Firearms oligible5_yam alter completion of sentence),
o Full Pardon j)er.comoletion of sentence)
Pardon Without Firearm Authority Remission of Fine or Forfeiture (Billable 10 yew after completion of senteneq)
Commutation of Sentence (Use Form "Request for Review")
Ifyou have appitadfora Pia Pardon, Penton Without Firearm rtutharlry or Speck Autharlty to Own, Possess ar Use Firearms and ale determined, ittellehla clue to not meeting the thee requirement, you will be promise fpr Restarddon 12/ f u have already received Restoration of Civil.. Rights, a Corti/leafy-or Restoration of Civil Rights will ha atatleti,toy
Yotterignetare aalatowletlzex you anderstroul this aatioa,---- SIGNATURE
Name When Convicted: George L, Rosario PLEASE PRINT
CurrentNarry George L. Rosario Other Names Used:
Daic of Birth: 06/06/195 7Race: H sox:16Ric C.JPemale lip
U,S, CitizeorgYes 0 No - Alien Registration
Home Address: 1101 Peregrine Groveland Lake County
Ft State
34736 Zip Street City
Mailing Address: 1101 Peregrine Groveland Lake FL 34736 Street City County State Zip
CONVICTIONS: (Please list each conviction and provide court documents for each conviction. If you have more than two convictions, please attach a separate sheet of paper listing all the required information.) YOU DO NOT NEED TO PILL OUT A SEPARATE APPLICATION
a ciaggrw a and intentionally possess a controlled substance, to wit cocaine.
Second count-that on.the same day and year, in Philadelphia County.
Court Philadelphia County/State Pennsylvania Date Convicted 12/08/1987 Date Sentenced 1.2/08/1987
What was yo nonce 5 years probation
Date you tsar > etett/expired your set oe 10/11/1991 (Piz-aft Circle one of the ro 1 1 a win g: Prison fail Release Parole
IPS 4 February 13, 2017
Probation
Driver 1-,teene #: _R26-(L3,12.57,21- 36-0 social sccutityw: 169-48-6929
Signature Date
YOU DO NOT HAVE. TO HAVE AN ATTORNEY FOR THIS PROCESS. Do not list the attorney who represented you during the criminal proceedings. If you have chosen to be represented by an attorney for the clemency process, please provide the AitorneyName, Address & Telephone Number,
Jim Jimenez, Esq, 9741 S. Orange Blossom Trail, Suite 1; Orlando, FL 32837. (407) 852-1148 Address Telephone Number
Attach a certified copy of the following for EACH felony conviction: charging Indictment/Information; judgment; and sentence/community control/probation order.
APPLICATIONS S 0113mt'rrED WITHOUT TI rE PROPERCOURT DOCUMENTS WILL NOT EBACCEPTP.1),
Melling Address: Office of Executive Clemency 4:070 Esplanade. Way Tallahassee, FL 32399.,2450
Form ADM 1501 Updated 0d/30/20144Mo
IMER. THE FLORIDA CONSTITUTION, A CONVICTED FELON CANNOT VOTE, SERVE ON A JURY, OR HOLD PUBLIC OFFICE UNTIL CIVIL RIGHTS HAVE BEEN RESTORED,
Attorney Name
APPX-000061
STATE OF FLORIDA RICK SCOTT, GOVERNOR, CHAIRMAN PAM BONDI, ATTORNEY GENERAL
OFFICE OF EXECUTIVE CLEW% AT WATER, CHIEF FINANCIAL OFFICER M, COMMISSIONER OF AGRICULTURE
Mr. Jim Jimenez, Esq, 9741 S. Orange Blossom Trail, Ste. 1 Orlando, FL 32837
RE: George L. Rosario EC# 410232
Dear Mr, Jimenez:
The Office of Executive Clemency is in receipt of your client's application for Restoration of Civil Rights for his out of state conviction.
Since your client has already received his voting rights for his out of state felony conviction(s), he does not need to apply for clemency in Florida, His Pennsylvania restoration of rights will be sufficient.
Please see the enclosed information about Restoration of Civil Rights in Pennsylvania.
Also, please be advised that your client will have to apply to the original state of conviction for a Full Pardon or Firearm Authority.
Please contact our office if you have any questions.
incerely,
JULIA McCALL COORDINATOR
jmc/jtm
Enclosure
cc: George L. Rosario 1101 Peregrine Street Groveland, FL 34736
APPX-000062
APPLY,CATION:FOR CLEMENCY Check bcr.fox, tipe 0P.e!ameney All applicoe ns !BIM intim the prbPer court doeuMents attached.
M Restoration of Civil Righti- for Pleridn/Pederal/ , Millteeyk or,ChigeRifiteccellyfefian (Eligible. or'? years after ocirrmietien ofsentems)
❑ Restoration ofAlien.Stntui Urn! or P.Thrici LaW (Eligible 5 or 7-yoers atter comoletkp *Of sentenc)
0 Rua lision of Flo ecr. Forfelte re*
SPc.dge Autharity-to Own, l',osts.s.Or Tlse.Fireurins iSligibiej years It er comp ofsentoneel
1:1 VtiliPar.dort (eligible 10 years aftereotripleition of sentence}
0 Pard-'eu. 'Without Firearm Aut4ority (Ellaihje.1q year ;atier. completion-of sentence)
ifyOu have opp.MiforxrFelt Pardon; Pe:Drilla Wirbote tirearnpffethorfw or .7protfieihrthorio! PlIts, Pos,Tars'er tAce Flreontzt- and are dearothred ihilfgrble dabio nor meeting Me. Mix requirebteni, you- Neill be proce.tve r Resiordifmr oravif 12i IriTve alrepdy r-ealverMesroratIoe of Chi,. ,nights; p Certifivatefor Resioro fion of alvil Rig* will ha IttofWroj,
UrS'. atiMA1MYCS ID No jAlienR4stra Social Security 169-48-6929
[tome Address: 1101 Peregrine Groveland Lake El 34736 • S trout City County State Zip
/vialling Address: 1101 Peregrine Groveland. Lake * 34736 Street 'city Callow • State • " Zip
Home Telephone (352) 404-7216 . cogiar mie-ph one -#: (215) 7632816
E-mail Address: 9eorcietoailo657gyahoc?.aorn PR.LSON/PROBATION#: no prison/5 years probation
CONVicTIDn- (Prease.lisr eagh conviction and provide court doeumenLi for each conviction. Tryon haye more than tWo convictions; please attuelt -aseparate iheet_olpaper.liitingelHite requi red. infortnalioft.) YOU DO'NOT NEED TO PILL 011T.A SEPARATE AsPPLIC.ATTOis.1
GaillatthlyVfd1111S.X\ isiggly and intentionally:possess a controlled substance; to wit cocaine.
SecOnd count-that on the same day and year, in Philadelphia County:
court Philadelphia courity/state Pennsylvania Date Convicted 12/08/1987 Date Sentenced 12108/1.987
What was ya • -lanai 5 years probation
Date-you n. dal/expired your se nee 10/11 /1991 • . (PI case-Cirele one Odle following: *prison MI Re-lease Par
February 13, 2017 lignattire taio
YOU DO NOT HAV,g TO, NAVE AN ATTORNEYFOR TITTSTR.00ESS. Do not list the attorney Who rep resented you during the criminal. proceedings,. If you have chosen to be represented ley an attorney for the clemency process, please provide the AttorneyNamo, Address & Telephone Number,
Jim Jithenez, Esq. 9741 S. Orange Blossom Trail, Suite 1: Orlando! FL 32837, (407) 852-1148 Address Telephone Number
Attach a certified copy Of the following for FACET felony conviction; arglyg.Indiqtraerit/informationg judgnent; and , sentence/community gyntol/probation order,
AinuffivrcoNs SUI3MITTBD 'WiTTIOUT TUB PROKR. COURT DOCUMENTS WILL, NOT 13E. ACCEPTED,
1k/felling:Address: Officeefaccutlye Clemency Form ADM 1.50 4010 EStilanade, Way Updated .06M 0/1614-.41vie
•• • Tallahassee, FL .3239.9;2450
uNnEg.THEPLORLDkCON8T.Otz.101,1;A'CONVICTED FRI .ON:CAM OTVOTE, bN A JURY, OR HOLD PURIM .OPFICEtINTIL*CIVILRIGHT§ HAVEBE9N RESTORgD,
Attorney Nome
APPX-000063
Restoration of Civil Rights Page 1 of 2
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117
Restoration of Civil Rights in Pennsylvania
Last Updated: 09/27/2016
In Pennsylvania, the restoration of civil rights is overseen by the Board of Pardons
Contact Information
Address
Phone Fax Email Victim Services Website
Pennsylvania Board of Pardons 333 Market Street, 15th Floor Harrisburg, PA 17126 (717) 787-2596 (717) 772-3135 [email protected]
The following rights are lost due to a felony conviction:
• The Right to Vote • The Right to Hold Public Office • The Right to Appear On a Jury
filp..//fnonzlinetfilp.qff-ITMT ./R e.stornti nn nfri vi IR I crhts.ht.m1 2/20/2017 APPX-000064
Restoration of Civil Rights Page 2 of 2
• The Right to Bear Arms
The Restoration of Rights in Pennsylvania
The right to vote is restored automatically upon completion of incarceration. The rights to appear on a jury and to hold public office are only restored by a. governor's pardon. The right to own a gun can be restored by petitioning the court provided that the. offender has fulfilled certain conditions outlined in the "Restoration of Rights in Pennsylvania" link found in the "Useful Links" section below.
Relevant Laws
Pennsylvania Constitution
Pa. Const. art. II § 7 Loss of public office rights Pa. Const. art, IV § 9(a) Restoration of rights Pa. Const. art IV § 9(a) Authority
Pennsylvania Consolidated Statutes
25 Pa, Cons. Stat. § 2602(w) Temporary loss of right to vote 25 Pa, Cons. Stat. § 3146.1 42 Pa. Cons. Stat. § 4502(a)(3) Loss of jury rights 18 Pa, Cons. Stat. § 6105(a) through (c) Loss of firearm rights
Useful Links
Board of Pardons - Pardon
Site Developed by The Office of Clemency Investigations
Questions or Comments? Email us at [email protected] Or FernandoSanchezaUcor.state.iLus
Maintained by Matthew Walker
-nip'//fnral/npff;lec/T-TTMT .42 AgtnrafiniinfCiArilR f ')/7.n/gni 7
APPX-000065
REQUEST FOR CITY COUNCIL CONSIDERATION
MEETING DATE: January 10, 2018
ITEM NUMBER:
AGENDA ITEM: Consideration of Declaration of Forfeiture of Office of Mayor George Rosario in accordance with Sec. 3.06 (a) & (b) the Charter of the City of Groveland
CITY GOAL: Establish a sound and sustainable government supported by professionalism, progressive thinking and modernizing the organization.
PREPARED BY: Anita Geraci-Carver, City Attorney
DATE: January 4, 2018
BACKGROUND: On January 2, 2018 the City Council, by majority vote, called for a special meeting for the purpose of considering a declaration of forfeiture of office of Mayor Rosario. A copy of the staff report and documents included in Council's agenda from its Council meeting held January 3, 2017 is attached.
DEPARTMENT RE E /STAFF RECOMMENDATIONS
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City Manager Choose an item. Click here to enter text.
wiga faure, watcic us row APPX-000066
Reviewed By City Manager: Council Action: Motion By: Second By:
"74e c, wit% a future, watch jr r APPX-000067
ik010, I REQUEST FOR CITY COUNCIL CONSIDERATION
MEETING DATE: January 3, 2017
ITEM NUMBER: Clerk will Assign AGENDA ITEM: Declaration of Forfeiture of Office CITY GOAL: Establish a sound and sustainable government supported by
professionalism, progressive thinking and modernizing the organization.
PREPARED BY: Anita Geraci-Carver, City Attorney DATE: December 28, 2016
BACKGROUND: On Friday, December 23, 2016 I received documents showing a person named George L. Rosario was adjudged guilty of two felony counts out of the State of Pennsylvania. The George L. Rosario named in the documents has the same date of birth as Mr. Rosario and the same middle initial. The Arrest Report/Judge —Preliminary Arraignment document lists a social security. Mr. Rosario provided the City an 1-9 Form, as required, which lists a social security number. The first three numbers are identical. The remaining 6 numbers are transposed with the fourth and fifth numbers on the arrest report being listed as the eighth and ninth numbers of the 1-9 Form, and the other numbers shifted. The redacted documents are attached along with a demand letter sent by attorney Derek Schroth to Mr. Rosario demanding he resign his office as mayor, Should Mr. Rosario fail to resign, Mr. Schroth has asked the City Council find that he has forfeited office. A copy of the demand letters are attached. A resignation has not been submitted by Mr. Rosario as of the date of this report.
The Florida Constitution provides that no person convicted of a felony shall be qualified to vote or hold office until restoration of civil rights. Sec, 4(a) in Article VI of the Florida Constitution, The Florida Attorney General's Office has issued opinions which provide this section of the Florida Constitution is applicable to municipal public offices, If Mr, Rosario has not had his civil rights restored, then under the Florida Constitution, he is not qualified to hold office. Additionally, Sec, 3.02 provides qualifications to hold a city council position, one of which is to be a registered elector. In order to be an "elector", a person must be lawfully registered to vote, In Florida, a person convicted of any felony by any court of record and who has not had his/her rights restored pursuant to law is not eligible to register to vote or vote, F.S. 97.041(2) and DE 95-02.
According to information provided by the National Association of Criminal Defense Lawyers, in Pennsylvania, a person convicted of a felony has his/her rights to vote restored in Pennsylvania once released from incarceration. This is automatic without application. However, upon being convicted for a crime punishable by more than 1 year a person loses eligibility to serve on a jury, and upon conviction of any felony loses eligibility to hold public office. In order to have one's civil rights restored to serve on a
ner60 c.#& with a awe, watch tu APPX-000068
jury or hold public office it requires a pardon which must be applied for and granted. A recommendation from the Board of Pardons to the Governor of Pennsylvania is required. A pardon restores all legal disabilities. In order to restore one's privilege to have firearms, which is lost upon conviction of drug offenses, requires application to and approval from a court of law.
Mr. Rosario has been given and still has the opportunity to provide documentation demonstrating that he has had all of his rights restored and therefore, was eligible to seek public office and is eligible to hold office. On December 23, 2016 I recommended that if Mr. Rosario has documentation showing he has had all his civil rights restored he provide a copy to the City and me. As of the date of this staff report no documentation has been provided. On December 26 I responded to an e-mail from Mr. Rosario and asked if he had applied for and been granted clemency. I have not received a response.
An online search was conducted through the website of the Office of Executive Clemency for the State of Florida. Its records reflect that clemency in the State of Florida has not been granted.
On December 28, 2016 I contacted the Board of Pardons in the State of Pennsylvania to inquire as to whether a pardon has been applied for and issued. They could not provide a verbal response. I completed their online form for the information. I received a written response. It states "No one by the name of George Rosario (D.O.B. XX/XX/XX) has ever applied/received a pardon from our office," The date of birth is the same as is listed on the Arrest Report and on Mr. Rosario's 1-9 Form submitted to the City.
Based on the criminal records submitted to the City there are two felony convictions and the lack of documentation demonstrating his civil rights have been restored, Mr. Rosario is ineligible under the Florida Constitution to hold office until such time as all of his civil rights are restored.
The City's Charter provides in Sec. 3.06(b) that a councilmember shall forfeit his office if he lacks at any time during his term of office any qualification for the office prescribed by the Charter or law. Sec. 3.06(a) of the Charter states that an office shall become vacant upon forfeiture of office, such forfeiture declared by the remaining members of council, or vacant upon removal from office or any manner authorized by law.
Based on the information obtained from the Office of Executive Clemency of the State of Florida and the information received from the State of Pennsylvania, there is no documentation to demonstrate that his rights have been restored.
STAFF RECOMMENDATION: Motion to declare Mr. Rosario forfeited his office and that a vacancy exists
Sent: Friday, December 23, 2016 9:35 AM To; Anita Geraci Subject: George Rosario's Felony Records Attachments: GEORGE L. ROSARIO.pdf; ATT00001,txt
(food Morning Anita:
Please see attached. Per my below email, please let me know when the City Council will have the meeting to declare Mayor Rosario's forfeiture from office.
APPX-000071
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19/ PLACE ATTORNEY FOR DEFENDANT (M2n'e A Atidrikts)
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couni CLERK 0,0/Velt-
COURT REPORTER
en-ev„Y ADA
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CRIMINAL TRANSCRIPT
PHILADELPHIA MUOIcIPAL COUFfl' ../ COMMONWE,ALTH VS,
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PRELIMINARY HEARING DISPOSITION
Ater (waiving) hearing, above defendant Is held for Court as follows:, :Amount of IMO (Charge)
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ARRAIGNMENT DATE a ROOM
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't is ordered that the charge(s) agaInst the defendant are to be presented DATE 4uDgE.
to the District Attorney for the preparation of an information. 34 AP,
TRIAL DISPoSITION DATE 'A ra PLACE ATTORNEY FOR DEPENDANT
ATTY. No.
!41kT CLERK COURT REPORTER PLEA
VERbicT ATTY. FOR PROSECUTION
tiENTENcE
hereby certify that the above is a (rue and correct
'int and transcript. Witness my hand and Official Seal.
19 (REV. 10851
JUDGE DATE
(Seal)
CLERK OF QUARTER SESSIONS
APPX-000072
Traliature At lent
4 •,41:t0 •
COMMONWEALTH 'Op to 4UNSYLVANIA PRILADELPNIA COUNTY
••
_CRIMINAL C6MPLAINT. COMMONWEALTH dPcPENNSYLVANIA COMMONWEALTH OF ONNSYLVANIA vs„ OEQRGE L. 't2GBART0
P/U - MISDEMEANOR TL
DIVORSION CASE ••••.Hr.,
FOJ DOM VIOL
6) D.C.#: 87 V5 71624
X, the undersigned, do orehy state under oath or affirmationt
(1):Myname iSi MICg4 UOTEAMEYER, Assistant District Attorney.
(2) I accuse GiMGE L. ROSARIO, who lives at 4920 N., Ormes Street, Phila., Pa. 'with violating the *mai lawn of Pennsylvania.
(3) The day and date when the aocneed committed the offense was an or about: Juno 8, 1987.
(4) The offenac was committed in the County of Philadelphia,
(6) The acts Committed by the accused wer elendant did deliver to -,..,,,,
naics Officer K a Kano, 21 one clear p reircover
rcot bag containing a white chunky powder (alleged cocaine) on the highway o inside 1/7 W. Allegheny Avenue in return for 0,200.00, in violation of Pa. Penal Laws, Section(s) and Title(s): Delivery Controlled Substance N1330 V1 Possession ti/I Deliver Controlled SubstdAbe.,Nln 0F: Knowing and Intentional Possession Controlled Substance N1316m, all of which is againet the peace and dignity of the Commonwealth.
(6) I aek that a warrant of arrest or a summone be issued and that the accused he required to answer the charges I have, made.
1(7) I swear to or affirm the within complaint upon my knowledge, information and
, belief, and Sign kt O June 0, 1987 before Phila. Municipal Court Uudge/Bail Commisaioner.„ ,,,,. 1,,Ax:,,,, „,,,,n.
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' On June 8, 1901, the above named aftiant swore or affirmed that the facts set forth in the complaint were true and correct to the best of his/her knowledge, jnformation and belief, and signed it In my presence. I believe the within affiant to be A responsible person and that thin' pro1abl.e, oa se for the 1.SOU4n00 - of process.
lsu ng 'uthorit iAIVER: On I appeared before audge/Bair osionor /ho read therelg&WAPlaint to me and explained itsK,conte ts, ander 117(7,6157— iaived preliminary hearing and consent to be bound over to Court.
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To: Anita Geraci Subject: Request for Declaration of George Rosario's Forfeiture of Office
Attachments: cloc11347820161220132512.pdf
Good Afternoon Anita:
Attached is the letter I sent to George Rosario. Should Mr. Rosario not resign within the next 10 days, please schedule, pursuant to Article III, Section 3.06 of the City's Charter, a hearing to declare George Rosario's forfeiture from office because Mr. Rosario lacks the qualifications to hold office pursuant to Article VI, Section 4 of the Constitution of the State of Florida. We request this hearing occur on the City Council's first meeting in January. Should Mr. Rosario fail to resign and should the City Council fail to carry out its duty under the law, we will file a lawsuit with the Circuit Court in and for Lake County for a Writ of Mandamus against the City and for injunctive relief and a Writ of Quo Warranto
against George Rosario. Thank you.
Sincerely,
Derek A. Schroth Florida Bar Certified Expert in Business Litigation and Local Government Law
OWEN I SC f ROTH Bowen, Schroth, Mazenko and Broome, P.A.
Attorneys at Law
Attorneys Morton D. Atli's** Lennon E. Bowen ill Zachary T. Broome + H. John Feldman Sasha D. Garcia Richard W. Hennings *4 Todd J. Mazenko James A. Myers Del G, Potter Derek A. Schroth ')
Also Admitted to Practice in Alabama t Of counsel. • Florida Bar Certified In Wille, Trusts and Estates u Of Counsel - Florida Supreme Court Certified
Circuit Civil and Appellate Mediator Florida Bee Certified Expert in Buslneas Litigation end Local Government Law
Email Address: th,:ohegyanagkolloin
December 20, 2016
Via Certified Mall, Return Receipt Requested and Regular U.S. Mall
George Rosario, Mayor City of Groveland 156 S. Lake Avenue Groveland, FL 34736
George L. Rosario 1101 Peregine Street Groveland, FL 34736
Re; Request for Resignation Due to Criminal Convictions on December 8, 1987 (Case #CP-51-CR-0628001-1987) and FBI Stolen Valor Inquiry
Dear Mr. Rosario;
understand from the City Attorney, Anita Geraci, she does not represent you personally regarding the above-referenced matter. On behalf of my client, Mr. Glen Wilson, I request you resign from office immediately. Should you refuse to resign, we will have a hearing to determine your eligibility to hold office pursuant to Article ill, § 3,06 of City of Groveland Charter before the City Co'uncil and, if necessary, before a Lake County Circuit Court Judge.
600 Jennings Avenue I Eustis, Florida 32726 1 Tel, (352) 589-i414 I Fax (352) 589-1726 I www.bowenschrolh.com
APPX-000079
DOCKET II CP-51-CR-0628001.1987
•••
Elaine Q. Ratliff, Deputy Dir
FIRST JUDICIAL DISTRICT OF PENNSYLVANIA TRIAL DIVISION —CRIMINAL.
OFFICE, OF JUDICIAL RECORDS . Juanita Kidd Stout Center for Criminal Justice
1301 Filbert Street, Room 310 Philadelphia, PA 19107
215-683-7700 (215) 683-7713 (Fax)
Eric Feder Deputy Court Administrator
Director, Office of Judicial Records Elaine Q. Ratliff, Deputy Director
COMMONWEALTH MUNICIPAL COURT OF PHILADELPHIA
Vs. TRIAL DIVISION--CRIMINAL
GEORGE L ROSARIO
I CERTIFY the-foregoing to be a true and correct copy of the full, entire, and complete Record in the
ease above stated, as the same now remains of Record in this Office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the said Court this 30th day of DECEMBER A.D. 2016
APPX-000080
r. COMMONWEALTH VS. RECORD CON, NO. NAME, A/K/A, ADDRESS. ZIP CODE
• GEORGE . L - ROS.ARIO • 04920 N OR ME S ST PHILA• . .. PA 191 00
OF DEFENDANT '
POLICE PHOTO NO.
584723 PLACE OF PRELIM. HEARING
08.FRONT F WESTMORE ISSUING RUTH,
ROB .8I NS BIRTH DATE
6/06/97 SEX
N RACE
l DT. OF INCIDENT
6/08/37 _ ATTY. CD. COMPLAINT DT,
6/09/87 M. C, CASE NO,
87/06-0855 1/1
320 D. C, NO.
872571 624 DT. PREL. HEARIN
6/17/8 DISK
STATUS
Bail Set $ 0'500 L Y A
Surety Name 049200 & Address SURETY
. Bali M e $old RO SAR RMES CODE 97
ST P HI LA* 1 91 00
POL. SURG, BILL NO.
DP24/87 DATE OF ARRAIGN.
7/08/37 CHARGE CODES & CHARGES
80109—KNOWING OR I NTENTI °NALLY POSSES SING A CONTROLLED SUBSTANCE 730-113) 1.6) •
80406—MANUFACTURE, DELIVERY . OR POSSESSION WITH INTENT TO MANUFACTURE OR DELIVER A CONTROLLED •St113STANCE 780-113)3.0)
618U° YEAR, TERM
1JTy!M3116470.Trils N013/ES Nos,
TO
APPX-000081
COMMONWEALTH OF PENNSYLVANIA In the Common Pleas Court of the County of Philadelph
COUNTY OF PHILADELPHIA ss. r.
THE DISTRICT ATTORNEY OF PHILADELPHIA COUNTY BY THIS INFORMATION CHARGES-
FIRST COUNT -THAT ON OR "ABOUT IN PHILADELPHIA COUNTY,
juno 8, 1987
GEORGE L. ROSARIO
UNLAWFULLY DID KNOWINGLY AND INTENTIONALLY POSSESS A CONTROLLED SUBSTANCE, TO WIT- cocaine
SECOND COUNT-THAT UN THE SAME DAY AND YEAR, IN PHILADELPHIA COUNTY, GEORGE L. ROSARIO
FEtoviaust 4
TO -.MANUFACTURE OR DELIVER A CONTRO TO t- A NARCOTIC . DRUG CLASS IF'x ", AUL DR I
TRIRD COW.' T ON THE SAME DAY AND'YEAR, IN PHILADELPHIA COUNTY,
FELONIOUSLY DID MANUFACTURE, DELIVER, OR POSSESS WIT INTENT TO MANUFACTURE DR DELIVER A CONTROLLED SUBSTANCE'CLA SIFIED UNDER SCHEDULE T,'II OR III* cocaine
HURT
FELONIOUSLY DID MANUFACTURE/ DELIVER ' DR possEs TO MANUFACTURE OR DELIVER A CONTROLLED.SUBST• UNDER SCHEDULE IV.
FIFTH COUNT -THAT ON THE SAME DAY AND , ,1 IN PHILADELPHIA COUNTY,
UNLAWFULLY DID MA, TIJRE, DELIVER, OR POSSESS WITH INTENT TO MANUFACTURE ELIVER A CONTROLLED SUBSTANCE CLASSIFIED. UNDER ' SCHEDULE
.35 P. S. 780- i 3 ) 16 ) 7B0.-113) 30 Y:
All of which is against the Act of Assembly and the peace and dignity of the Commo Ith, oyennsy nia, DISTRICT ATTORNEY ASSISTANT
6/24/8 RONALD D. CASTILLE
CRIMINAL. SECTION
H cl_ssMEF
'31:1-0A(itey:5/81)
APPX-000082
'441.
COMMONWEALTH :OF PENNSYLVANIA PHILADELPHIA COUNTY
, CRIMINAL COMPLAINT COMMONWEALTH OP PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA VS. GEORGE L. ROSARIO
D.C.0 87 25 71624 coAa 2 I; the undersigned, do `Hereby state under oath or .affirmationt
FELONY P/H MISDEMEANOR TL DIVERSION CASE FOJ DOM VIOL
(1)'My . name UNTERMEYER, Assistant g
District Attorney.
(2) 1 accuse GEORGE L. ROSARIO, who lives at 4920 N, Ormes Street, Phila., Pa. with violating the Penal laws of Pennsylvania.
- (3) The day' and date when the accused committed the Offense was on or about; June 8, 1987,
(4) The offense was committed in the County of Philadelphia.
(r)) The acts committed by the accused werel/pa4endant did deliver to L1n en:lover narcotics Officer 77,ane, A4219 one clear 114tP! bag containing a white; chunky powder (alleged cocaine) on the highway or inside 177 W. Allegheny Avenue in return for $1,200.00, in violation of Pa. Penal Laws, Section(s) and Title(s)g Delivery Controlled Substance N1330Ft Possession W/I Deliver Controlled Substaftoe N1330F; Knowing and Intentional Possession Controlled Substance N1316M, all of which is against the peace and dignity of the Commonwealth.
(6) i ask that a warrant of arrest or a summons he issued and that the accused he required to answer the charges I have made.
(7) I swear to or affirm the within complaint upon my knowledge, information and belief, and sign it on June 8, 1967 before Phila. Municipal Court Judge/Bail Commissioner
On June 8, 1987, the above named affiant swore or affirmed that. the facts set forth in the complaint were true and correct to the best of his/her knowledge, information and belief, and signed it in my presence. I believe the within affiant to be a responsible person and that there is pro ableA cause for the issuance of process.
IWS'uing Authori WAIVER? On r 1 appeared before Judge/Dailr Com. ssloner who read the 'above 'complaint to me and explained its`--contents, and I hereby waived preliminary hearing and consent to be bound over to Court.
Defen6ant Defense 457F1-7ey
/( Signature of Af - iant
SEAL
eeree,me
bfm •
APPX-000083
Groveland, FL Code of Ordinances
PART I - CHARTER[1]
Page 1 of 11
ARTICLE I. - CREATION AND POWERS
Sec. 1.01. - Creation and powers.
The City of Groveland, Lake County, Florida, is hereby created which shall have all
governmental, corporate and proprietary powers to enable it to conduct municipal government,
perform municipal functions and render municipal services, and may exercise any power for
municipal purposes except as otherwise provided by law.
State Law reference— General grant of municipal powers, F.S. § 166.021.
ARTICLE II. - CORPORATE LIMITS
Sec. 2.01. - Description of corporate limits.
A description of the corporate limits of the city is on file in the office of the city clerk.
State Law reference— Local government boundaries, F.S. ch. 170.
ARTICLE III. - LEGISLATIVE
Sec. 3.01. - City council: Powers and composition.
There shall be a city council with all legislative powers of the city vested therein consisting of
five (5) members who shall be electors of the city.
Sec. 3.02. - Qualifications.
Any registered elector of the City of Groveland who has established primary residency within
the City limits twenty-four months prior to the first day of the qualifying period shall be eligible to
seek qualification for the elected office of city councilmember. Primary residency shall mean the
dwelling, in which the person eats, sleeps and receives regular postal delivery.
(Ord. No. 2006-08-81, § 2, 8-21-2006; election of 11-7-2006)
State Law reference— Qualifications of electors, F.S. § 166.032.
about:blank 4/13/2018 APPX-000084
Groveland, FL Code of Ordinances Page 2 of 11
Sec. 3.03. - Election and terms.
The regular election of city councilmembers shall be held on the first Tuesday after the first
Monday of November. Councilmembers shall be elected to one of five (5) seats with one of the
five (5) seats being reserved for the mayor. The mayor shall be elected on a city-wide basis by the
electors of the City of Groveland and is not required to reside in a particular political district.
Effective January 10, 2009, there shall be four (4) city council political districts as nearly equal in
population as practicable. There shall be four (4) councilmembers; one (1) for each of the four (4)
city council political districts established and they shall be elected on a city-wide basis by the
electors of the City of Groveland. At the time of qualifying or appointment the city council
candidate must reside in the political district in which he or she seeks to hold office, except that if
no one qualifies for or seeks appointment for a political district, then the seat for that term and
political district may be filled in accordance with article Ill, section 3.06 by a resident not residing
in that political district. Each councilmember, except as otherwise provided in this section 3.03,
shall reside in the political district for which he or she qualifies at the time of election and
throughout the term of office, provided that any councilmember who is removed from a district
by redistricting may continue to serve the balance of the term of office. The boundaries of the
four (4) political districts shall be as shown on the map attached as Exhibit "A" and made a part
hereof. However, the city council may by ordinance adopted by a majority vote of the
councilmembers change the boundaries of the districts from time to time in accordance with law.
Three (3) councilmembers shall be elected at the general election held on the first Tuesday
following the first Monday of November in even-numbered years. The councilmembers shall be
qualified and entered upon the ballot as Districts 1, 3 and 5. Of these districts, District 1 shall be
that seat reserved for the mayoral candidate and the person elected to District 1 shall serve as
mayor for a two-year term. He or she shall be a member of the council and will preside over the
meeting of the council. There shall be elected at the general election held on the first Tuesday
following the first Monday of November in odd-numbered years two (2) councilmembers and
candidates for such offices shall be designated as candidates from Districts 2 and 4 and shall be
elected for a two-year term. Each candidate for city council may qualify in one (1) district only and
at all subsequent elections candidates or councilmembers shall be elected for a two-year term. All
councilmembers, including the mayor, shall be elected to begin office at the first regular city
Sec. 3.04. - Duties of mayor and election of vice-mayor.
about:blank 4/13/2018 APPX-000085
Groveland, FL Code of Ordinances Page 3 of 11
The mayor shall preside at meetings of the council and shall be a member of the council and
shall be recognized as head of city government for all ceremonial purposes, by the governor for
purposes of military law; for service of process; execution of contracts, deeds and other
documents and as the city official designated to represent the city in all agreements with other
entities. He shall have no other administrative duties except as required to carry out the
responsibilities herein. At the first council meeting after each regular city election, the council
shall elect one of its members as a vice-mayor. The vice-mayor shall act as mayor during the
absence or disability of the mayor. In case of the death, resignation, or removal of the mayor, the
vice-mayor shall vacate the office of councilmember and serve as mayor until the next regular
election when the office shall be filled for a full two-year term.
Sec. 3.05. - Limitations.
(a) Appointment and removal. Neither the council nor any of its members shall in any
manner dictate the appointment or removal of any city officer or employee whom
the manager or any of his subordinates are empowered to appoint, but the council
may express its views and fully and freely discuss with the manager anything
pertaining to appointment and removal of such officers and employees.
Appointment and removal of department heads and other employees shall be by
the city manager who will advise councilmembers in writing of this action within
seventy-two (72) hours.
(b) Interference with administration. Except for the purpose of inquiries and
investigations, the council or its members shall deal with city officers and
employees who are subject to the direction and supervision of the manager solely
through the manager; neither the council nor its members shall give orders to any
such officer or employee, either publicly or privately. Nothing in the foregoing is to
be construed to prohibit individual members of the council from closely
scrutinizing by personal observation, all aspects of city government operations so
as to obtain independent information in the formulation of sound policies to be
considered by the council. It is the express intent of this Charter, however, that
recommendations for improvement in city government operations by individual
councilmembers be made to and through the city manager, so that the manager
may coordinate efforts of all city departments to achieve the greatest possible
savings through the most efficient and sound means available,
(c)
about:blank 4/13/2018 APPX-000086
Groveland, FL Code of Ordinances Page 4 of 11
Ho/ding other office. No former elected city official shall hold any compensated,
appointive city office or employment until one (1) year after the expiration of the
term for which he or she was elected.
Sec. 3.06. - Vacancies; forfeiture of office; filling of vacancies.
(a) Vacancies. The office of a councilmember shall become vacant upon his death,
resignation, removal from office or any manner authorized by law or forfeiture of
his office, such forfeiture to be declared by the remaining members of the council.
(b) Forfeiture of office. A councilmember shall forfeit his office if he lacks at any time
during his term of office any qualification for the office prescribed by this Charter
or law.
(c) Absenteeism. A councilmember shall forfeit his office if he fails to attend four (4)
consecutive regular meetings of the council without being excused by the council.
(d) Filling of vacancies. A vacancy in the council shall be filled in one of the following
ways:
(1) If there are less than six (6) months remaining in the unexpired term or if
there are less than six (6) months before the next regular city election, the
council by a majority vote of the remaining members shall choose a
successor to serve until the newly elected councilmember is qualified.
(2) If there are more than six (6) months remaining in the unexpired term and no
regular city election is scheduled within six (6) months, the council shall fill
the vacancy on an interim basis as provided in [subsection] (1) above, and
shall schedule a special election to be held no sooner than sixty (60) days, nor
more than ninety (90) days following the occurrence of the vacancy.
Notwithstanding any quorum requirements established herein, if at any time the
membership of the council is reduced to less than a quorum, the remaining
members may by majority vote appoint additional members under either
[subsection] (1) or (2) above.
(e) Extraordinary vacancies. In the event that all members of the council are removed
by death, disability, law or forfeiture of office, the governor shall appoint an
interim council that shall call a special election as provided in [subsection] (d)
above and such election shall be held in the same manner as the first election
under this Charter.
about:blank 4/13/2018 APPX-000087
Groveland, FL Code of Ordinances Page 5 of 11
State Law reference— Provisions relative to filling vacancies required, F.S. § 166.031(6).
Sec. 3.07. - Procedure.
(a) Meetings. The council shall meet regularly twice monthly at such time and places
as the council may prescribe by rule. Special meetings may be held on the call of
the mayor or of a majority of the members and, whenever practicable, upon no
less than twenty-four (24) hours' notice to each member and the public.
(b) Ru/es and minutes. The council shall determine its own rules and order of business
and shall provide for the keeping of minutes of its proceedings.
(c) Voting. Voting, on ordinances and resolutions, shall be by roll call vote on final
action and shall be recorded in the minutes. A majority of the council shall
constitute a quorum; but a smaller number may adjourn from time to time and
may compel the attendance of absent members in the manner and subject to
penalties prescribed by the rules of the council. No action of the council except as
otherwise provided in the preceding sentence and in section 3.06 shall be valid or
binding unless adopted by the affirmative vote of the majority of a quorum
present.
(d) Compensation. The council may determine the compensation of councilmembers
by ordinance, but no ordinance increasing such compensation shall become
effective until the next regular election.
ARTICLE IV. - ADMINISTRATIVE
Sec. 4.01. - City manager.
The city manager shall be chief executive officer and head of the administrative branch of the
city government. He shall be responsible to the council for the proper administration of all affairs
of the city and to that end, he shall have the authority and shall be required to carry out his
responsibilities as spelled out in the following sections.
Sec. 4,02. - Appointment, removal, compensation.
(a) Appointment. The council shall appoint a city manager for an indefinite term by a
majority vote of all the councilmembers.
(b)
about:blank 4/13/2018 APPX-000088
Groveland, FL Code of Ordinances Page 6 of 11
Removal. The council may remove the manager by a majority vote of all the
councilmembers and, upon demand by the manager, a public hearing shall be held
prior to a vote to remove the manager.
(c) Compensation, The compensation of the manager shall be fixed from time to time
by the council and shall not be reduced during his tenure.
Sec. 4.03, - Acting city manager.
By letter filed with the council, the manager shall designate, subject to approval of the
council, a qualified city administrative officer to exercise the powers and perform the duties of
manager during his temporary absence or disability. During such absences or disability, the
council may revoke such designation at any time and appoint another officer of the city to serve
until the manager shall return or his disability shall cease.
Sec. 4.04. - Authority and duties of the city manager.
(a) The city manager shall appoint a city clerk, subject to approval by a majority vote of
the council.
(b) The city manager shall appoint, and when he deems it necessary for the good of
the city, suspend or remove all city employees and appointive administrative
officers provided for by or under this Charter except as otherwise provided by law,
this Charter or personnel rules adopted pursuant to this Charter. He may authorize
any administrative officer who is subject to his direction and supervision to
exercise these powers with respect to subordinates in that officer's department,
office or agency.
(c) Direct and supervise the administration of all departments, offices and agencies of
the city, except as otherwise provided by this Charter or by law; create upon
approval of the council by resolution, changes in any or all department
organizations, including combinations, deletions, creation of departments, units or
divisions, and transfer responsibilities between departments, units or divisions.
(d) Attend all council meetings and shall have the right to take part in discussion but
may not vote.
(e) See that all laws, provisions of this Charter and acts of the council subject to
enforcement by him or by officers subject to his direction and supervision, are
faithfully executed.
about:blank 4/13/2018 APPX-000089
(f) Prepare and submit the annual budget, budget message, and capital program to
the council in a form provided by ordinance.
(g) Submit to the council and make available to the public a complete report on the
finances and administrative activities of the city as of the end of each fiscal year.
(h) Make such other reports as the council may require concerning the operations of
city departments, offices and agencies, subject to his direction and supervision.
(i) Keep the council fully advised as to the financial condition and future needs of the
city and make such recommendations to the council concerning the affairs of the
city as he deems desirable.
(j) Sign contracts on behalf of the city pursuant to the provisions of appropriations
ordinances.
(k) Perform such other duties as are specified in this Charter or may be required by
the council.
ARTICLE V. - TRANSITION SCHEDULE
Sec. 5.01. - Continuation of former Charter provisions.
All provisions of Laws of Fla., ch. 9764 (1923), as amended by special law or otherwise which
are not embraced herein and which are not inconsistent with this Charter shall become
ordinances of the city subject to modifications or repeal in the same manner as other ordinances
of the city.
Sec. 5.02. - Ordinances preserved.
All ordinances in effect upon the adoption of this Charter, to the extent not inconsistent with
it, shall remain in force until repealed or changed as provided herein.
Sec. 5.03. - Rights of officers and employees.
Nothing in this Charter except as otherwise specifically provided shall affect or impair the
rights or privileges of persons who are city officers or employees at the time of adoption. Elected
officers shall continue to hold their offices and discharge the duties thereof until their successors
are elected.
Groveland, FL Code of Ordinances Page 7 of 11
Sec. 5.04. - Pending matters.
about:blank 4/13/2018 APPX-000090
Groveland, FL Code of Ordinances Page 8 of 11
All rights, claims, actions, orders, contracts and legal or administrative proceedings involving
the city shall continue except as modified pursuant to the provisions of this Charter.
Sec. 5.05. - Time of taking full effect.
This Charter shall be in full effect for all purposes on the first day of January following
approval in public referendum.
Editor's note— See editor's note to Charter.
ARTICLE VI. - FINANCIAL PROCEDURES
Sec. 6.01. - Fiscal year.
The fiscal year of the city shall begin October 1 of each year and end on September 30 of each
year.
State Law reference— Fiscal year from Oct. 1—Sept. 30 is required, F.S. § 218.33.
Sec. 6.02. - Budget.
The budget shall provide a complete financial plan of all city funds and activities for the
ensuing fiscal year and, except as required by law or this Charter, shall be in such form as the
manager deems desirable or the council may require. In organizing the budget, the manager shall
utilize the most feasible combination of expenditure classifications by fund, organizational unit,
program, purpose or activity and object. It shall begin with a clear, general summary of its
contents; shall show in detail all estimated income, indicating the proposed property tax levy, and
all proposed expenditures, including debt service, for the ensuing fiscal year; and shall be so
arranged as to show comparative figures for actual and estimated income and expenditures of
the current fiscal year and actual income and expenditures for the preceding fiscal year.
Sec. 6.03. - Council action on budget.
(a) Amendment before adoption. The council may adopt the budget with or without
amendment. In amending the budget, it may add or increase programs or
amounts and may delete or decrease any programs or amounts, except
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Groveland, FL Code of Ordinances Page 9 of 11
expenditures required by law or for debt service or for estimated cash deficit,
provided that no amendment to the budget shall increase the authorized
expenditures to an amount greater than the total of estimated income.
(b) Adoption. The council shall adopt the budget on or before September 30 of the
fiscal year currently ending. If it fails to adopt the budget by this date, the amounts
appropriated for current operations for the current fiscal year shall be deemed
adopted for the ensuing fiscal year on a month-to-month basis, with all items in it
prorated accordingly, until such time as the council adopts a budget for the
ensuing fiscal year. Adoption of the budget shall constitute appropriations of the
amounts specified therein as expenditures from the funds indicated and shall
constitute a levy of the property tax therein proposed.
(c) Amendments after adoption.
(1) Supplemental appropriations. If during the fiscal year the manager certifies
that there are available for appropriation revenues in excess of those
estimated in the budget, the council by ordinance may make supplemental
appropriations for the year up to the amount of such excess.
(2) Emergency appropriations. To meet a public emergency affecting life, health,
property or the public peace, the council may make emergency
appropriations. Such appropriations may be made by emergency ordinance
in accordance with the provisions established by law to the extent that there
are no available unappropriated revenues to meet such appropriations. The
council may by such emergency ordinance authorize the issuance of
emergency notes, which may be renewed from time to time but the
emergency notes and renewals of any fiscal year shall be paid not later than
the last day of the fiscal year next succeeding that in which the emergency
appropriation was made.
(3) Reduction of appropriations. If at any time during the fiscal year it appears
probable to the manager that the revenue available will be insufficient to
meet the amount appropriated, he shall report to the council without delay,
indicating the estimated amount of the deficit, any remedial action taken by
him and his recommendations as to any other steps to be taken. The council
shall then take such further action as it deems necessary to prevent or
minimize any deficit and for that purpose it may be required for the council
to pass an ordinance to reduce one or more appropriations.
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Groveland, FL Code of Ordinances Page 10 of 11
(d) Transfer of appropriations.
(1) [Unencumbered appropriations.] At any time during the fiscal year the
finance director, with authorization of the manager, may transfer all or part
of any unencumbered appropriation balance among programs within a
department, office or agency. Upon written request by the manager, the
council may, by resolution, transfer part or all of any unencumbered
appropriation balance from one department, office or agency to another
department, office or agency.
(2) Limitations; effective date. No appropriation for debt service may be reduced
or transferred, and no appropriation may be reduced below any amount
required by law to be appropriated. The supplemental and emergency
appropriations and reduction or transfer of appropriations authorized by this
section may be made effective immediately upon adoption.
(3) Payments and obligations prohibited. No payment shall be made or
obligation incurred against any allotment or appropriation unless the finance
director certifies that there are sufficient funds available to cover the claim to
meet the obligation when it becomes due and payable. No officer of the city
other than the manager or the manager and the mayor in concert when
required, may enter into any financial agreement with any other business or
business person, on behalf of the city.
CHARTER COMPARATIVE TABLE - ORDINANCES
This table shows the location of the sections of amendments to the Charter. The charter was
adopted by the council as Ordinance No. 87-09-04, on November 16, 1987, and approved at a
referendum on December 9, 1987, by a 52/34 vote, and effective on January 1, 1988.
Ordinance
Number
Date Section Section
in Charter
2006-08-81 8-21-2006 2 3.02
11- 7-2006 (Elect.) 3.02
2008-07-25 1-10-2009 2 3.03
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4/13/2018 APPX-000093
Groveland, FL Code of Ordinances
Page 11 of 11
2009-09-37 9- 9-2009 2 3.03
11- 3-2009 (Elect.) 3.03
about:blank 4/13/2018 APPX-000094
Tax Authority Market Assessed Taxable Value
Value Value Millage Estimated Taxes
Property Details : Lake County Property Appraiser Page 1 of 2
Select Language I V '
PROPERTY RECORD CARD
Alternate Key: 3815823
General Information
ROSARIO Owner Name: GEORGE L &
ALOHA S Mailing •1101 Address:
PEREGRINE ST GROVELAND, FL 34736
,Update Mailin 'Address
Parcel Number:
Millage Group and City:
'Total Certified Millage Rate:
'Trash/Recycling/Water/Info:
16-22-25- 032500004500 00GR (GROVELAND) '18.7539 My Public Services iMan 0
1101 'PEREGRINE ST 'GROVELAND FL 34736 Updatd,Eropirly :Location 0
Property GROVELAND,
, CRANES
Description: ,61-62 I ORB 3574 PG 27
iSubmit Property !Name 0
School and Bus Map
LANDING EAST SUB LOT 45 PB 48 PGS
Property Location: Property Name:
School Locator:
NOTE: This property description Is a condenseffiabbreviated version of the original description as recorded on deeds or other legal instruments In the public records of the Lake County Clerk of Court. It may not include the Public Land Survey System's Section, Township, Range information or the county in which the property is located. It is intended to represent the land boundary only and does not include easements or other interests of record. This description should not be used for purposes of conveying property title. The Property Appraiser assumes no responsibility for the consequences of inappropriate uses or interpretations of the property description.
Land Data
Line Land Use Frontage Depth Notes No. Class Units Type Value
Land Value
SINGLE FAMILY (0100)
0 0 1 LT $0.00 $27,625.00
Sales History
NOTE: This section is not intended to be a complete chain of tine. Additional official book/page numbers may be listed in the property description above and/or recorded and Indexed with the Clerk of Court. ' a h
1 Book/Paqe Sale Date Instrument Qualified/Unqualified Vacant/Improved Sale Price 13574 / 27 1/22/2008 Warranty Deed Qualified Improved
'Click here to search for mortgages, liens, and other legal documents. 0
Values and Estimated Ad Valorem Taxes o Values shown are 2018 'Working Values' subject to change. The Market Value listed below is not intended to represent the anticipated selling price of the property and should not be relied upon by any Individual or entity as a determination of current market value.
Property Details : Lake County Property Appraiser Page 2 of 2
LAKE COUNTY BCC GENERAL FUND
LAKE COUNTY MSTU AMBULANCE
SCHOOL BOARD STATE
SCHOOL BOARD LOCAL
CITY OF GROVELAND
ST JOHNS RIVER FL WATER MGMT DIST
LAKE COUNTY VOTED DEBT SERVICE
LAKE COUNTY WATER AUTHORITY
SOUTH LAKE HOSPITAL DIST
$168,719 $100,863 $0 5.11800 $0.00
$168,719 $100,863 $0 0.46290 $0.00
$168,719 $100,863 $0 4.35500 $0.00
$168,719 $100,863 $0 2.24800 $0.00
$168,719 $100,863 $0 5.20000 $0.00
$168,719 $100,863 $0 0.27240 $0.00
$168,719 $100,863 $0 0.15240 $0.00
$168,719 $100,863 $0 0.25540 $0.00
$168,719 $100,863 $0 0.68980 $0.00
Total: Total: $0.00
18.7539
NOTE: Information on this Property Record Card Is compiled and used by the Lake County Property Appraiser for the sole purpose of ad valorem properly tax assessment administration in accordance with the Florida Constitution, Statutes, and Administrative Code. The Lake County Property Appraiser makes no representations or warranties regarding the completeness and accuracy of the data herein, its use or interpretation, the fee Or beneficial/equitable title ownership or encumbrances of the property, and assumes no liability associated with its use or misuse. See the posted Site Notice.
Copyright ig 2014 Lake County Property Appraiser. All rights reserved. Property data last updated on March 25, 2018.
LaurelRfAber Commission #01)327694 Expires June 28, 2008
OF O. woo Troy rut Immo. tro. to0404019
I ol I
Prepared By and Return To:
Ireiber Chelsea Title Company, A Division of Chicago Title 245 Citrus Tower Blvd, Suite 204 Clermont, FL 34711
MMIIIMEIIIMMIHNIEMMOURP CFM 2008010387 Bk 03574 Pa 0027i. (lest DATE: 01/25/2008 03:23:38 PM NEIL KELLYV CLERK. OF COURT LAKE COUNTY RECORDING FEES 10.00 DEED DOC 1,764.00 INDEXING FEES 1.00
THIS WARRANTY DEED dated January 22, 2008, by GARY D. FOURNIER and GINA M. SHINN, husband and wife, hereinafter called the grantor, to GEORGE L. ROSARIO and ALOHA S. ROSARIO, Husband and Wife, whose post office address is 2575 E. Huntington, Philadelphia, PA 19125, hereinafter called the grantee:
(Wherever used herein the terms "grantor and "grantee" Include at the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations)
WITNESSETH: That the grantor, for and in consideration of the sum of $10.00 and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys, and confirms unto the grantee, all the certain land situated in Lake County, Florida, to wit:
Lot 45, CRANE'S LANDING EAST, according to the plat thereof, as recorded in Plat Book 48, Page 61, of the Public Records of Lake County, Florida,
Subject to easements, restrictions, reservations and limitations of record, if any.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in any wise appertaining.
TO HAVE AND TO HOLD the same in Fee Simple forever.
AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful clams of all persons whomsoever; and that said land Is free of all encumbrances, ex' . I'•xes accruing subsequent to December 31, 2008.
IN WITNESS the said grantor has signed and sealed these presents the day and ear first above written.
(Print Name of Witness)
STATE OF FLORIDA, COUNTY OF
I HEREBY CERTIFY that on this day, before me, an Officer duly orized in th e aforesaid and )he County afoCi
resakj take aqknowledgements, persnally,aapeared ""e r c.
- • A . h •••••
to me known to be the person(s) described in or who has/have produced as identification and who executed the foregoing instrument and he/she/they acknowledged Wore me that he/sh ey executed the same, rvf WI SS my hand and official seal in the County and State last aforesaid this C9-3 day of
, 206y
Notary Signature
My commission expires:
Warranty Deed (IndMdual to Indwiduel) Rey (01ar)
Book3574/Page27 CFN#2008010387 Page 1 of 1 APPX-000097
REQUEST FOR CITY COUNCIL CONSIDERATION
MEETING DATE: January 3, 2017
ITEM NUMBER: Clerk will Assign AGENDA ITEM: Declaration of Forfeiture of Office CITY GOAL: Establish a sound and sustainable government supported by
professionalism, progressive thinking and modernizing the organization.
PREPARED BY: Anita Geraci-Carver, City Attorney DATE: December 28, 2016
BACKGROUND: On Friday, December 23, 2016 I received documents showing a person named George L. Rosario was adjudged guilty of two felony counts out of the State of Pennsylvania. The George L. Rosario named in the documents has the same date of birth as Mr. Rosario and the same middle initial. The Arrest Report/Judge —Preliminary Arraignment document lists a social secutity. Mr. Rosario provided the City an 1-9 Form, as required, which lists a social security number. The first three numbers are identical. The remaining 6 numbers are transposed with the fourth and fifth numbers on the arrest report being listed as the eighth and ninth numbers of the 1-9 Form, and the other numbers shifted. The redacted documents are attached along with a demand letter sent by attorney Derek Schroth to Mr. Rosario demanding he resign his office as mayor. Should Mr. Rosario fail to resign, Mr, Schroth has asked the City Council find that he has forfeited office. A copy of the demand letters are attached. A resignation has not been submitted by Mr. Rosario as of the date of this report.
The Florida Constitution provides that no person convicted of a felony shall be qualified to vote or hold office until restoration of civil rights. Sec. 4(a) in Article VI of the Florida Constitution. The Florida Attorney General's Office has issued opinions which provide this section of the Florida Constitution is applicable to municipal public offices. If Mr, Rosario has not had his civil rights restored, then under the Florida Constitution, he is not qualified to hold office. Additionally, Sec. 3.02 provides qualifications to hold a city council position, one of which is to be a registered elector. In order to be an "elector", a person must be lawfully tegistered to vote, In Florida, a person convicted of any felony by any court of record and'who has not had his/her rights restored pursuant to law is not eligible to register to vote or vote, F.S. 97.041p and DE 95-02.
According to information provided by the National Association of Criminal Defense Lawyers, in Pennsylvania, a person convicted of a felony has his/her rights to vote restored in Pennsylvania once released from incarceration. This is automatic without application. However, upon being convicted for a crime punishable by more than 1 year a person loses eligibility to serve on a jury, and upon conviction of any felony loses eligibility to hold public office. In order to have one's civil rights restored to serve on a
"1-fie ci& wit% a future, watch usirowt" APPX-000098
jury or hold public office it requires a pardon which must be applied for and granted. A recommendation from the Board of Pardons to the Governor of Pennsylvania is required. A pardon restores all legal disabilities. In order to restore one's privilege to have firearms, which is lost upon conviction of drag offenses, requires application to and approval from a court of law,
Mr. Rosario has been given and still has the opportunity to provide documentation demonstrating that he has had all of his rights restored and therefore, was eligible to seek public office and is eligible to hold office. On December 23, 2016 I recommended that if Mr. Rosario has documentation showing he has had all his civil rights restored he provide a copy to the City and me. As of the date of this staff report no documentation has been provided. On December 26 I responded to an e-mail from Mr. Rosario and asked if he had applied for and been granted clemency. I have not received a response.
An online search was conducted through the website of the Office of Executive Clemency for the State of Florida. Its records reflect that clemency in the State of Florida has not been granted.
On December 28, 2016 I contacted the Board of Pardons in the State of Pennsylvania to inquire as to whether a pardon has been applied for and issued. They could not provide a verbal response. I completed their online form for the information. I received a written response. It states "No one by the name of George Rosario (D.O,B. ♦ ) has ever applied/received a pardon from our office." The date of birth is the same as is listed on the Arrest Report and on Mr. Rosario's 1-9 Form submitted to the City,
Based on the criminal records submitted to the City there are two felony convictions and the lack of documentation demonstrating his civil rights have been restored, Mr. Rosario is ineligible under the Florida Constitution to hold office until such time as all of his civil rights are restored.
The City's Charter provides in Sec. 3.06(b) that a councilmember shall forfeit his office if he lacks at any time during his term of office any qualification for the office prescribed by the Charter or law, Sec. 3.06(a) of the Charter states that an office shall become vacant upon forfeiture of office, such forfeiture declared by the remaining members of council, or vacant upon removal from office or any manner authorized by law.
Based on the information obtained from the Office of Executive Clemency of the State of Florida and the information received from the State of Pennsylvania, there is no documentation to demonstrate that his rights have been restored.
STAFF RECOMMENDATION: Motion to declare Mr. Rosario forfeited his office and that a vacancy exists
REVIEWED BY CITY MANAGER: COUNCIL ACTION:
"7766 ei witsfir fut watc6 atturolor APPX-000099
MOTION BY: SECOND BY:
rice with a future, wafah assrowe APPX-000100
Anita Geraci
From; Sent To; Subject; Attachments;
Derek Schroth <[email protected]> Friday, December 23, 2016 9:35 AM Anita Geraci George Rosario's Felony Records GEORGE L ROSARIO.pdh ATT00001.txt
':.food Morning Anita:
Please see attached. Per my below email, please let me know when the City Council will have the meeting to declare Mayor Rosario's forfeiture from office.
APPX-000101
COMMONWUALTH VS,
CO.LtA) 1,0 ec-.1C) 3 qacan 0 R:Au;,,4 a-
(9 70 COMPLAINT FILHO DY
e Name
tNio
TERM NUMBER hto,
'4 0 Mehl, or Arlerrmr) PATE
...
MC
PRMLIIVIINARY I-MARINO DISPOSITION
7- P PLACE
fi7z41W7- A-ced://r1 tetYZesfi-
';OURT CLERIC
edx0,71._ ATTY. NO. ADA
C/
gger (waving) hearing, above defendant Is bald for Court as follows:. (A Mount Pi Rag) (Charge)
la.!
ARRAIGNMENT DATE 0 ROOM
/ 4'--s'4,0,-/
ATTORNEY FON DEFENDANT (A'aMcck Aaffra)
COURT REPORTER
7Velz-V
PLACE
ATTY. Pan 010.secuTion VERDICT PLEA COURT NEPORT411
'I Is ordered that iho charge(s) against the defendant are to be presented DATE JUDGE
Io the District Mornay for the preparation of an information. (.••••/7"-<P7 • -14 4 40://X
TRIAL DISPOSITION DATE ATTORNEY roc DUpENOANT
ANY. NO, ',Are
t4Pc-r CLERK
(-7 CRIMINAL TRANSCRIPT PI ILADELPHia nistrniciPAI.., COURT ‘., •,'
FURTHER ACTION CONTINUED To REASON FOR CONTINUANCE COPE
I t 1 CI BM. Issuod 0 s.o.s,o,
JUDGE
rNTENca
hereby certify that the above is a true and correct Am" vto and transcript, Witness my hand and Official Seal,
DATE
(REV. /MO
CLERK OF QUARTER SESSIONS
APPX-000102
A 4
COMMOMALTH'Og PhINNWYPANIA PRILFIDNI;PliIA COUNTY
,CP.ImINAL COMPIIA4NT. COMMONWBALTU Or,' PUNNBYLVAMIA . . COMMOWIALTH OV RUNNSYLVANZA VS. OhlpRON L. =SAM
bl;ik#1?(96), (:)V-T- D.C.4t 87 26 71624
X the undersigned, do ere state under oath or aMrmationx
(1)i Myr name. is:1 MICN4 UNTBRMMR, Assistant District Attorney.
I
1418DEMBANOR TL DINDItigxorr CA.814 hxv pom vxoy,
(2) I ac cuss GNOAGN RO8ARIO, who lives at 4920 L, Orates Street, Phila., Va41, 'with violating the Venal Jaws of Pennsylvania.
(3) The day and date when the aeoused committed the effense was on or about. June 8, 1987.
(4) The offense was committed in the County of Philadelphia.
(5) The acts Committed by the aecused were agendant did deliver to u,tercover narcotie8 Officer Kane, #4219 ono clear p #t bag containing a white chunky powder (alleged cocaine) on the highway or inside 3.77 Wi Allegheny Avenue in return for $1,200,00, in violation of Pa. Penal Laws, Semtion(s) and Title(8)1 Delivery Controlled Substance N1830V1 Possession W/I DeliVer Controlled Oubstal9beN1330W1 Xnowing and Intentional. Possesmion Controlled Substmace N1516M, all of which is against the pease and dignity of the Commonweath.
(6) T, oak that a warrant, of arrest or a summons be issued and that the accused he required to answer the charges I have mode.
(7) I swear to or affirm the within complaint upon my knowledge, information and belief, and sign it on .lune 8, 1987 before Phila. Municipal. Court Judge/Bail Commissioner .19 \,,Ay_ ' rT
o YaTinAI.=
On dvne 8, 190, the above named affiant swore or affirmed that the Casts set forth in the complaint were true and correct to the best of his/her, knowledge,
.4.nfoxmation and belief, and signed it in my presence. I believe the within f, the
issuance of prooess. affiant to he a responsible person and that thor pro.able ea se or
XVi411frAuthorilt: IAIVBita On I appeared before Cudge/BairCoMin ssioner gho read tthe-abarcomplaint to me and explained :its some ts, and here Paived Preliminary hearing and Consent to be bound over to Court.
surP.IY NProP. .04920ORME S ST Pill L A & Aaaroas -. :S URET Y '..00 DE. 97 .191'00 cosm. . 'alum°, -DATE: • • •
6/24/87
Judgo
‘. • I
•
CHARCE CODES & CHARGES
80109- R NOW I NG OR INTENTIONALLY POSSES SING A CONTROLL ED SUB ST ANCE. 700•-•113
LIV ER Y16
80.106-MANUFACTURE 9 DE OR POSSES SWN WITH INTENT TO MANUFACTURE OR DELIVER A CONTROLLED SUB STANCE 7f30-113}30)
coMMONOEAL:Fil VS, • Rgcono cots/. No,
POLICE PHOTO NO, OSARIO
ST OTIM13.116470 19100 pLA—CC PRELIO, lichroNG
• 08 • F RONT liESTN ORE Dr, or luciovir worts r•--
6(08/87 . CP, M. Cr, CASE No, ,
• 87,706-0855 .1/1 OATS OF ARRAIGN.
7/08/07
1:751S0
OO)SO
O ,MIVL
T 55U1N0 AUTN.
ROB 0I NS 320 EX . fincE D. 0.110.
11 0 1 COMPLAINT 9T. EA R
7257 6
6/09/87 ;6/17./8 poLturt •
APPX-000106
WITNESSES '
COMMONWEALTH.' OF PEkiikTYLVANIA In the, Common Pleas ,Co,urt of the County of Phtiodelphb.
COUNTY PHILADFLPHITA ss, . V crtImINAL sEcTIoN
THE DISTRICT ATTORN61 OF pHILADELPHIA COUNTY BY*THIS INFORMATION CHARGES-
'HIRST COUNT -THAT-ON OR ABOUT Oupp'81 1987 v•JN
(31DORG91).L IZOARt0
UNLARFULLY DID KNOWINGLY AND INTENTIONALLY POSSESS A CONTROLLED SUBSTANCE, TO WIT- pooaine
SECOND COUNT-THAT ON THE SAME DAY, AND YEAR/ IN PHILADELPHIA COLNTY, GEORGEL ROSAPIO
TO NANUFACTUE OR DELIM A CONTRO i'lcNt-t? TO WfT- A NARCOTIC DRUG CLSSEIED-4NDE HE0tJL E I OR 1.1.
THIRD COUNT----M-A75KTiliSAME DAY AND YEAR, IN PHILADELPHIA COUNTY,
ji---6LRIMIRCTuifi DO triVII‘ \TURF/Y.14'1'AM VIM VHF UNDER SCHEDULE I, II OR III. cocaine
FOORTIrtifIUNT-THA' • 4-E-A-IZ-> IN Pg1-1.A,D.P4a1:1-111
FELONIDU.S1Y DID MANUFACTURE, DELIVER OR PUS ES H INTENT TO MANUFAGTURE OR DELIVER A CONTROLLED SUBS E CLASSIFIED ' UNDER SCHEDULE IV.
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All of which is against the Act of Assembly and the peace and dignity of the Comma v 'ith o Pennsyi nla,
i ' 015TRICT ArrORNEY r,y3sisiWr • Arb 9
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APPX-000107
Anita Geracl
From: Sent: To: Subject: Attachments:
Good Afternoon Anita:
Derek Schroth <[email protected]> Tuesday, December 20, 2016 1:30 PM Anita Geraci Request for Declaration of George Rosario's Forfeiture of Office doc11347820161220132512.pdf
Attached is the letter I sent to George Rosario, Should Mr. Rosario not resign within the next 10 days, please schedule, pursuant to Article ill, Section 3,06 of the City's Charter, a hearing to declare George Rosario's forfeiture from office because Mr, Rosario lack's the qualifications to hold office pursuant to Article VI, Section 4 of the Constitution of the State of Florida. We request this hearing occur pn the City Council's first meeting in January. Should Mr. Rosario 'fail to resign and should the City Council fall to carry out its duty under the law, we will file a lawsuit with the Circuit Court in and for Lake County for a Writ of Mandamus against the City and for injunctive relief and a Writ of Quo Warranto against George Rosario. Thank you.
Sincerely,
Derek A. Schroth Florida Bar Certified Expert in Business Litigation and Local Government Law
Bowen I Schroth Bowen, Schroth, Mazenko & Broome, P.A. 600 Jennings Ave. Eustis, Florida 32726 Telephone: (352) 589-1414 Facsimile: (352) 5894726 Florida Bar No. 0352070 Web Site: www.bowenschroth.com
APPX-000108
Sincerely,
WEN] Sc R Bowen, Schroth, Mazenko and Broome, RA.
Attorneys at Law
Ailoritcys
Morton ID, Aulls " Lennon B. Bowen III " Zachary T. Broome t H. John Feldman
Sasha 0, Garcia
Richard W. Hennings " Todd J. Mazenko
James A. Myers
Del G, Potter Derel A, Schroth 0 .
" of Counsql
Flor Icin Suprema Cour( cortIned Caron Civil I. edialar f Also Admitted to Practice In Alabama
Ot Counsel • Florida Bar Certified In Wills, Trusts and ESIAlos
rt Of Counsel- Florida Supreme Court Cetlified Circuit Civil and Appeitalo Medletor
0 Florida Bar Certified Eepart In BUSTACIS Litigation red Local Covernment Lain
Email Address; cischrothebowenschrolluom
December 20, 2016
.Via Certified Mall, Return Receipt Requested and Regular U,S. Mail
George Rosario, Mayor City of Groveland 156 8, Lake Avenue Groveland, FL 34736
George L. Rosario 1101 F'eregine Street Groveland, FL 34736
Re; Request for Resignation Due to Criminal Convictions on December 8, 1987 (Case #CP-51-CR-0628001-1987) and FBI Stolen Valor Inquiry
Dear Mr. Rosario:
I understand from the City Attorney, Anita Geraci, she does riot represent you personally regarding the above-referenced matter, On behalf of my client, Mr. Glen Wilson, I request you resign from office immediately. Should you refuse to resign, we will have a hearing to determine your eligibility to hold office pursuant to Article Ill, § 3.06 of City of Groveland Charter before the City COuncil and, if necessary, before a Lake County Circuit Court Judge,
Derek A. chroth
DAS/amh
RE:
M.
RE:
71,92 c0,.5.11___C74.(1,, „ 7192 935,1 074D
600 Jennings Avenue I Eustis, Florida 32726 I Tel, (352)589-3414 I Fax (352)569-1726 I www.bowenschroth.com
APPX-000109
City of Groveland Minutes
City Council Meeting Tuesday, January 02, 2018
The Groveland City Council held a regularly scheduled meeting on Tuesday, January 02, 2018 in the E.L. Puryear Building located at 243 S. Lake Avenue, Groveland, FL 34736. Mayor George Rosario called the meeting to order at 7:00 p.m. with the following members present: Vice Mayor Dina Sweatt and Council Members John Griffin, Mike Radzik, and Mike Smith. City officials present were Interim City Manager Mike Hein; City Attorney Anita Geraci-Carver, Fire Chief Willie Morgan, Public Works Director Jamie Huish, Interim Finance Director David Dyer, Community Development Director Jodi Nentwick, Sergeant-at-Arms Chief Shawn Ramsey, and City Clerk Virginia Wright.
OPENING CEREMONIES Pledge of Allegiance by Mayor Rosario Invocation given by Vice Mayor Dina Sweatt
INTRODUCTION OF INTERIM CITY MANAGER MIKE HEIN interim City Manager Mike Hein stated he had a wonderful first day with the City that included a tour of a few of the City facilities and neighborhoods. Interim City Manager Hein stated he looked forward to working with everyone.
Mayor Rosario noted the large crowd in attendance, and indicated he was aware citizens may have a concern with the Cherry Lake Tree Farm (proposed homes to be built), The Mayor pointed out this item was not on this evening's agenda. Community Development Director Jodi Nentwick stated anyone wishing to speak regarding the Cherry Lake Tree Farm housing project may do so during Public Comment.
REPORTS
Council Member Mike Radzik • Council Member Radzik reported/discussed the following: • Attended the December 19, 2017 Closed Session Meeting. • Attended the December 20, 2017 Interim City Manager Interviews. • Attended the December 23, 2017 Ribbon Cutting Ceremony at the Howard
Family home. The Howard's home had received severe damage during Hurricane Irma. Council Member Radzik stated the Howard's home was re-built in 45-days, and was also fully furnished for the Howard family. Council Member Radzik stated Buddy Raney spearheaded the project. He stated Mr. Raney had reached out to contractors and others, creating a team, in order to build the home. There were no costs to the Howard Family. Council Member Radzik requested Council concurrence to present a proclamation, a key to the City, or another type of recognition for Mr. Raney. Mayor Rosario stated there
APPX-000110
JANUARY 2, 2018 CITY COUNCIL MEETING MINUTES
are other organizations that had also assisted in the effort and should be recognized as well. Council Member Smith stated the Faith Neighborhood Center should be recognized. All Council Members present concurred to provide a proclamation to Mr. Raney.
Attended the December 23, 2017, Anointed Community Services 5th Annual Anointed Angel Pancake Breakfast and Christmas Give-A-Way.
Council Member Radzik stated the retreat that was held in June needed to be finalized. He suggested a workshop to recap last year's retreat and to review the draft resolution. Council Member Radzik requested a consensus to hold the workshop. All Council present concurred. Council Member Smith requested copies of any reports or minutes from the last retreat. Mayor Rosario stated the Interim City Manager would provide the information to Council Member Smith to bring him up to date. A tentative workshop date was set for January 12, 2018 at 1:00 p.m. in the Puryear Building. Interim City Manager Hein stated a staff meeting is scheduled for tomorrow in which he would discuss this item with staff, and then follow up with an email to Council by the close of business on 01/03/2018.
• Council Member Radzik stated the staff space at City Hall's extremely crowded. He confirmed with Chief Morgan that the Public Safety Facility is still in the design phase. Council Member Radzik suggested creating a third floor for the proposed Public Safety Facility in order to accommodate City Hall's space needs. He felt moving the Building Department to the Public Safety Facility would alleviate some of the space issues. The Building Department would have a dedicated floor within the Public Safety Facility. Vice Mayor Sweatt felt this was a great idea, as did Council Member Smith. Council Member Smith stated this is an opportunity to provide for the growth that would take place in the future. Chief Morgan noted that it would be much more cost effective to add an additional floor to the Public Safety Facility, rather than adding a separate building onto the property. Council Member Radzik reported by adding a third floor now, it would cost less than doing so within the next 5-7 years. Council Member Griffin inquired as to the cost to add the floor. He indicated that if the cost is feasible to add on now, he would be in agreement.
• Council Member Radzik inquired as to the status of the permit for the mitigation of sand skinks located on the property of the proposed Public Safety Facility. Chief Morgan stated the City is still awaiting to hear from the government regarding the permit. Chief Morgan noted it would take at least six (6) months for the government to respond.
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JANUARY 2, 2018 CITY COUNCIL MEETING MINUTES
Council Member Radzik inquired as to the status of the sale of the property next to Tractor Supply. Chief Morgan reported Indian Hills Produce is still interested in the property. He stated once the government responds to the permit for the mitigation of the sand skinks, he would be able to provide more information regarding the pending sale.
Council Member Radzik inquired as to the agreement with the juice factory. City Attorney Anita Geraci-Carver stated she had previously prepared an agreement that was shared with the former Interim City Manager Rodney Lucas and Mr. Booth, but had not received any comments or responses back. The City Attorney stated she would follow up on this item.
Council Member Radzik mentioned that in the past, Council expressed an interest in having a Founder's Day event for the City of Groveland. Interim City Manager Hein stated he would discuss this item with staff and follow up with Council.
Council Member Radzik requested that a Special Meeting be held regarding of Declaration of Forfeiture of Office of Mayor Rosario.
Motion: Vice Mayor Member Sweatt moved to approve a Special Meeting for Declaration of Forfeiture of Office of Mayor Rosario; seconded by Council Member Smith.
Mayor Rosario stated Council should not take action, as he stated to do so is illegal. He cautioned Council not to take action. Mayor Rosario stated Council is not authorized to take action. Mayor Rosario asked the City Attorney to explain the action on this matter. City Attorney Anita Geraci-Carver stated she sees it as two (2) separate actions, which are the pending court case and litigation; and the City of Groveland's Charter, in which she believes the City Council does have the authority to take action. Council Member Radzik reported it was previously requested that documentation of a pardon or a certified copy of restoration of Mayor Rosario's civil rights be provided to City Council; to date the document(s) not been provided.
Amended Motion Vice Mayor Member Sweatt moved to approve a Special Meeting on January 10, 2018 at 6:30 p.m. for Declaration of Forfeiture of Office of Mayor Rosario; seconded by Council Member Smith.
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JANUARY 2, 2018 CITY COUNCIL MEETING MINUTES
Public Comment: None.
Motion passed 3-0 with Council Member Griffin and Mayor Rosario voting nay.
Council Member Mike Smith Council Member Smith reported/discussed the following:
• December 19, 2017 met with Mr. Snyder/Hanover Capitol, regarding the La Viance project.
• Attended the December 19, 2017 Closed Session Meeting. • Attended the December 20, 2017 Interim City Manager Interviews.
Attended the December 23, 2017 Ribbon Cutting Ceremony and served as a guest speaker for the new house that was built for the Howard Family.
• On December 27, 2017 had a brief meeting with Chief Ramsey and staff for a quick review of the agenda, and to obtain information regarding the CUP meeting that is scheduled for January 5, 2018.
• Council Member Smith stated the City has an ordinance that prohibits the use of jake brakes within the City. He stated there are no signs posted within the City that states jake brakes are prohibited. Council Member Smith requested Interim City Manager Hein install such signs in various locations within the City.
• Council Member Smith suggested contacting the City's consultant, Mark Farrell/Water Resources Associates, to inquire as to what the key milestones would be by continuing to participate in the alliance or to move forward with the CUP. Interim City Manager Hein stated he and staff would be meeting with Mr. Farrell tomorrow at 1:00 p.m. He indicated the pros and cons would be discussed. Council Member Radzik inquired if it would be better moving forward with the 20-year CUP now. Interim City Manager Hein this would be evaluated with the consultant tomorrow.
Vice Mayor Member Dina Sweatt Vice Mayor Sweatt reported/discussed the following:
• December 19, 2017 met with Mr. Snyder and Matthew Orosz of Hanover Capitol regarding the La Viance project.
• Attended the December 19, 2017 Closed Session Meeting. • Attended the December 20, 2017 Interim City Manager Interviews. • Attended the December 21, 2017 Senior Christmas Dinner. Vice Mayor Sweatt
cooked 3 hams and along with other side dishes, and served the dinner to the seniors at the Senior Center.
• Attended the December 23, 2017 Ribbon Cutting Ceremony and was the spokesperson for the new house that was built for the Howard Family.
• Volunteered for the December 23, 2017 Anointed Community Services 5th Annual Anointed Angel Pancake Breakfast and Christmas Give-A-Way.
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JANUARY 2, 2018 CITY COUNCIL MEETING MINUTES
Council MembA. .,Win Griffin Council Member Griffin reported/discussed the following:
• Council Member Griffin thanked those who helped him with the removal of a tree that fell on his property during Hurricane Irma.
• Council Member Griffin provided cultural historical information.
Mayor George Rosario Mayor Rosario reported/discussed the following:
• Attended the December 19, 2017 Closed Session Meeting. • Attended the December 20, 2017 Interim City Manager Interviews. • Mayor Rosario read a letter dated November 20, 2017 from his attorney
regarding declaration of forfeiture. He also provided a document from the District Court of Appeal of the State of Florida. Mayor Rosario provided copies of the two documents to Council.
City Manager's Report Interim City Manager Hein stated he had nothing to report at this time. (Note: 1-02-2018 was Mr. Hein's first day of employment with the City).
City Attorney Report City Attorney Anita Geraci-Carver reported the following: Notice was received that the PERC is transferring the case to the elections division and will be scheduling an election for the Firefighter's Union.
CONSENT AGENDA Approval of December 18, 2017 City Council Meeting Minutes.
Motion Vice Mayor Sweatt moved to approve the Consent Agenda; seconded by Council Member Griffin. Motion was approved with all Council Members present voting aye.
OLD rl ILY1K7ESS
Approval of Ordinance No. 2017-12-39 Extension of Temporary Moratorium Prohibiting Medical Cannabis Activities (second and final reading)
Motion Vice Mayor Sweatt moved to approve Ordinance No. 2017-12-39 with no additional extension of a temporary moratorium hereafter; seconded by Council Member Smith.
Public Comment Public comment was opened in which one person spoke.
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JANUARY 2, 2018 CITY COUNCIL MEETING MINUTES
Motion was approved with all Council Members present voting aye.
NEW BUSINESS
Acceptance Bid No. 2017-11-01: Hartman Civil Construction Company. Inc., for the Iowa Avenue Water Main Improvements Project Notebooks containing all six (6) bids were provided to City Council prior to the Council Meeting. The City's consultant Mark Frederick with Amec Foster Wheeler recommended entering into a contract agreement with Hartman Civil Construction Company, Inc. Council Member Smith inquired if this bid was the best value for the City. Interim City Manager Hein stated that he had read the proposals and it would be the best value for the City. Mr. Hartman/Hartman Civil Construction Company, Inc. stated his company has asbestos experts on staff to evaluate any issues regarding asbestos that may arise.
Motion Council Member Radzik moved to table the acceptance of Bid No. 2017-11-01, and to include an addendum stating who would be responsible for any damages or repairs, and to bring this item back to Council at the next regularly scheduled Council Meeting; seconded by Vice Mayor Sweatt. Motion was approved with all Council Members present voting aye.
Public Comment Public comment was opened in which one person spoke.
Motion was approved with all Council Members present voting aye.
Approval of Subordination Agreement: CDBG Howl!" Rehabilitation Program
Motion Council Member Smith moved to approve; seconded by Vice Mayor Sweatt.
Public Comment None.
Motion was approved with all Council Members present voting aye.
Approval of Resolution 2018-01-01: Creation of a Char" er Review AdvisAu Committee
City Attorney Geraci-Carver stated if the resolution is approved, she would reach out to Marilyn Crotty/UFC to request facilitation services for review of the City Charter.
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which would then become moot with George Rosario's removal.
Thanks 72462 ' /7/
Glen Wilson 4/0 Homeowner, Taxpayer, & Private Citizen
From: Mr Wilson Sent: Tuesday, December 19, 2017 1:48 PM To: Virginia Wright; Ramsey, Shawn Chief; Jodi Nentwick; Lisa Cortese; Chief Willie Morgan; [email protected]; George Rosario; Dina Sweatt; Mike Radzik; Mike Smith; John Griffin; [email protected] Cc: [email protected] Subject: Legal Action Dismissal
I would like to take this opportunity to make my position very clear to the members of the current council, which I thought of after the meeting, and had not mentioned earlier.
If the council exercises their rights under provision 3.06 of the city charter, and declares a forfeiture of George Rosario's seat, then I will immediately take the following action:
I will instruct my attorney, Derek Schroth to submit the necessary paperwork to Circuit Court Judge Briggs, dismissing my lawsuit and bringing an end to this legal action,
APPX-000116
CITY OF GROVELAND
CLOSED SHADE MEETING ORIGINAL
TRANSCRIPT OF PROCEEDINGS
DATE: TUESDAY, DECEMBER 19, 2017
TIME: COMMENCED AT 6:43 P.M.
CONCLUDED AT 7:51 P.M.
PLACE: E.L. PURYEAR BUILDING
243 SOUTH LAKE AVENUE
GROVELAND, FLORIDA 34736
STENOGRAPHICALLY
REPORTED BY: MARY SNIPES SAMUEL, RPR
COURT REPORTER AND NOTARY PUBLIC
COMMISSIONERS PRESENT:
GEORGE ROSARIO, Mayor
DINA SWEATT, Vice Mayor
MIKE RADZIK, Commissioner
MIKE SMITH, Commissioner
SHAWN RAMSEY, Interim City Manager
ALSO PRESENT:
ANITA GERACI-CARVER, ESQUIRE, City Attorney
MICHAEL J. ROPER, Bell & Roper, P.A.
KERR & ASSOCIATES, INC. 1-800-246-1753
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PROCEEDINGS
(The following proceedings were had:)
MS. GERACI-CARVER: It's 6:43 p.m. If we
could call the meeting to order, and I'll do roll
call.
Mayor George Rosario?
MAYOR ROSARIO: Here.
MS. GERACI-CARVER: Vice Mayor Dina Sweatt?
VICE MAYOR SWEATT: Here.
MS. GERACI-CARVER: Council Member John
Griffin is absent.
Council Member Mike Radzik?
COUNCIL MEMBER RADZICK: Here.
MS. GERACI-CARVER: Council Member Mike Smith?
COUNCIL MEMBER SMITH: Here.
MS. GERACI-CARVER: Interim City Manager Shawn
Ramsey?
INTERIM CITY MANAGER RAMSEY: Present.
MS. GERACI-CARVER: I am present as city
attorney.
And special litigation counsel Mike Roper?
MR. ROPER: Present.
MS. GERACI-CARVER: We are here in the case of
Glen Wilson versus City of Groveland and George
Rosario, Lake County Case Number 2017-CA-10, for
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the purpose of discussing litigation strategy
relating to expenditures as well as any settlement
discussions. We anticipate this will last
approximately one to one and a half hours, and
those present will be those that answered during
roll call.
At this time we'll close the open meeting and
go into closed session.
Just a couple of ground rules relating to the
closed meeting that are important to keep in mind
as we go through this. One, this is our
opportunity as council members to talk with the
attorney who's handling your case. We would ask
that you keep the discussions confidential. The
transcript takes down everything we say, so it will
be a public record at the conclusion of the
litigation, but for all other purposes, we would
ask that you keep these discussions confidential.
Because it is being recorded by a court
reporter, we would ask that you please let the
other person speaking finish their statement before
you interrupt. She can only take down one person's
testimony at a time, and it's important we have a
good record of the closed meeting.
We are limited in our discussions by the law.
KERR & ASSOCIATES, INC. 1-800-246-1753
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We are only permitted to talk about settlement
negotiations or strategy sessions related to
litigation expenditures. And so I would just ask,
so that we comply with the Sunshine Law, that we
confine our discussions to that matter.
COUNCIL MEMBER SMITH: To the extent --
MS. GERACI-CARVER: And --
COUNCIL MEMBER SMITH: Just to the extent that
we might -- may digress, I take it you will --
MS. GERACI-CARVER: Yes,
COUNCIL MEMBER SMITH; -- counsel us to get
back on track?
MS. GERACI-CARVER: Yes, sir, I will.
COUNCIL MEMBER SMITH: Thank you.
MS. GERACI-CARVER: Mike Roper is here. He
has been appointed by the city's insurance company
to represent the city in this matter. And at this
point I would turn it over to him.
MR. ROPER: Okay. Thank you, Anita.
I'm available to answer any questions that you
all may have about the litigation, but I think that
perhaps what has triggered the request that we
appear today for this closed session is the
information that was received from the insurance
carrier to the effect that the coverage, insurance
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APPX-000120
coverage that was available to the city, the
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$100,000 limit, that insurance coverage is getting
3 close to expiring, being exhausted by the defense
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costs associated both with the defense of the city
5 and the defense of Mr. Rosario in the pending
6 Wilson litigation. And so as we move forward with
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this case, the city will need to make a
8 determination in terms of who they wish to continue
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to, represent them in the litigation, whether they
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in the litigation, whether they wish to retain
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separate counsel, which is obviously always the
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City's right to do so.
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But I thought I would at least give you a
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status of the case in terms of where we are in the
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the litigation --
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COUNCIL MEMBER SMITH: Sir?
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MR. ROPER: Yes?
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COUNCIL MEMBER SMITH: I know this may not be
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the same for all of this them, but from my side,
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it's not the cost that's driving this, to me. It
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of the city to how to best proceed to bring this
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case to closure. I mean, not -- I understand that
KERR & ASSOCIATES, INC. 1-800-246-1753
APPX-000121
there's costs involved regardless of where we go,
but the overall drive to me is how do we make this
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come to closure in one way, shape or form, based
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upon yours and the city attorney's advice and
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counsel to us as to how we best proceed. So it's
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not -- I'd rather not look at this as a -- how do
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we mitigate costs as much as how do we best serve
justice, how do we best meet the needs of the city
to adjudicate this and bring this to a close.
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MR. ROPER: Okay. All right. Fair enough.
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In that regard then, just briefly, because as
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I said, I know that you are all very familiar with
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the status of the case, but the Fifth District
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injunction that was originally issued by Judge
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Briggs was improper, that because there are
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adequate remedies at law available to Mr. Wilson in
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the litigation that it was improper for the Court
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to have entered an injunction. So
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MAYOR ROSARIO: And --
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MR. ROPER: Yes?
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MAYOR ROSARIO: I'm sorry. And what those
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remedies that he was entitled to were that was
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reversed to the lower court?
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MR. ROPER: The opinion from the Fifth
District Court of Appeals indicated that Mr. Wilson
had a remedy known as a writ of quo warranto, which
is a legal remedy, and that since that legal remedy
was available to him, injunctive relief was
inappropriate under the circumstances.
MAYOR ROSARIO: And --
COUNCIL MEMBER SMITH: Can you explain to us
what a writ of quo warranto would mean?
MR. ROPER: Sure. A writ of quo warranto is a
special procedure by which the Court is asked to
determine an individual's right and ability to hold
elected office. And it's generally brought by a
person who is claiming greater entitlement to that
office, claiming that the individual who holds the
office holds -- is not the appropriate person to
hold the office and that they are more appropriate
to hold the office. And it's a specific legal
remedy that's provided under Florida law.
MAYOR ROSARIO: Are there any other matters in
that Fifth District Court of Appeal reversal to the
lower court?
MR. ROPER: That was the extent of the order.
MAYOR ROSARIO: That was the extent of the
order? There was nothing there about the -- any
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parties being notified of appearings [sic] in
court?
MR. ROPER: I'm not sure what you're referring
to, sir, but the actual order from the Fifth
District Court of Appeals is very succinct. And it
simply says that although a number of different
legal challenges were raised in the appellate
briefs that were filed, the only issue that the
court was going to rule on was the fact that
injunctive relief was unavailable to Mr. Wilson
because he had an adequate remedy of law, namely an
application for writ of quo warrantor and that was
the extent of the ruling.
COUNCIL MEMBER SMITH: So just to clarify from
that then, as I would understand from what you're
saying is you had made a number of points as part
of your appeal, and the court just said, well,
those may or may not be valid. We're not ruling on
those, we're only ruling on this one specific issue
for Mr. Wilson, he could do a quo warrant°.
MR. ROPER: Correct.
COUNCIL MEMBER SMITH: I mean the city could
still have other remedies, but that's -- the Court
didn't deal with that, didn't address that, just
said that wasn't something that they were concerned
KERR & ASSOCIATES, INC. 1-800-246-1753
APPX-000124
with, because Mr. Wilson brought the suit, Mr.
Wilson's remedy could be this?
MR. ROPER: Correct. And just to correct one
point, the appeal was actually taken by
Mr. Rosario, not the city. But the way that
procedurally --
COUNCIL MEMBER SMITH: Okay.
MR. ROPER: Procedurally the way that the case
progressed was there was an original complaint that
was filed, and the city was the only named
defendant. There were two counts contained in that
original complaint against the city. Count one was
a writ of mandamus; and count two was request for
temporary injunction.
Judge Briggs entered an order entering a
temporary injunction, which prohibited the city
from recognizing Mr. Rosario as the mayor. That
order was entered. And there was also an
alternative writ of mandamus that was issued. We
responded to that, and we also responded to the
temporary injunction.
Mr. Rosario's counsel did not file a response
in the trial court. They filed an appeal from a
non final order, which was an available remedy to
them. So they're the ones that actually took the
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matter up on appeal to the Fifth District Court of
Appeals. And they're the ones that raised a number
of different arguments in response to the
complaint, but -- and those are the ones that the
Court declined to address at this point in time.
COUNCIL MEMBER RADZICK: And the other thing,
my understanding is that there was an attempt to
schedule a hearing on March the 30th that
Mr. Rosario's attorneys did not want to do and
instead went to the DCA, but there was supposed to
be a hearing.
MR. ROPER: I think there was going to be a
hearing, and I could look back at that, but, yeah,
that does sound familiar. A notice of appeal was
filed prior to the hearing. And once that notice
of hearing was filed, that divested the lower court
of jurisdiction over the matter, and so then the
appellate court then had jurisdiction.
COUNCIL MEMBER RADZICK: And March 30th
probably would have ended all of this, because a
proof of being able to hold office by way of a
pardon or otherwise would have been required
properly back in March, and this would have been
over, my opinion.
MR. ROPER: Yeah. Not sure it would have been
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over entirely, but perhaps Judge Briggs would have
ruled, and maybe that would have been appealed, but
we didn't get to that point.
MAYOR ROSARIO: But this also includes on this
reverse of -- remanded to the lower court by the
Fifth District Court of Appeal that included the
failure to join me as a party and failed to notify
me of the hearings to appear.
MR. ROPER: I think -- as I read that order,
sir, he's saying that although those arguments were
raised by your counsel
MAYOR ROSARIO: Correct.
MR. ROPER: -- that they're not addressing
them in this order.
MAYOR ROSARIO: But it's noted, though; am I
correct?
MR. ROPER: Yeah. It says, although numerous
issues challenging the order have been raised,
including the failure to join Mr. Rosario as a
party and the failure to provide him notice of the
hearing and the motion, we conclude as dispositive
that injunctive relief is unavailable because of an
adequate remedy of law, an application for a writ
of quo warranto.
MAYOR ROSARIO: Thank you.
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COUNCIL MEMBER SMITH: So as I understand what
you're saying, the Court said, yes, there was a
whole bunch of stuff thrown at us, but at the end
of the day they said, we're only ruling on this one
specific issue. All the rest of that stuff is
irrelevant to us in this case. They may be
relevant later to the lower trial court, but for us
as the appellate court, we're not ruling one way,
positive, negative, indifferent, we're just
saying --
MR. ROPER: Correct.
COUNCIL MEMBER SMITH: -- that's not part of
our deliberation, our deliberation strictly goes to
the quo warranto remedy that's available?
MR. ROPER: Correct. And that's not unusual
for appellate courts --
COUNCIL MEMBER SMITH: Yeah.
MR. ROPER: -- to define a narrow issue. So
in this particular case it was a very technical
argument. You know, you only get injunctive relief
if you don't really have an adequate remedy of law.
Here there was an adequate remedy of law, and
therefore the injunctive relief was improper.
COUNCIL MEMBER SMITH: And, again, as I
understand from you, the injunctive relief that
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they're providing back to is specific to
Mr. Wilson, basically, since he brought the suit?
MR. ROPER: Correct.
COUNCIL MEMBER SMITH: It has nothing to do
with weather or not the city has other methods of
relief or not, but it's specific to Mr. Wilson's
suit?
MR. ROPER: That's correct. The issues as
framed by Mr. Wilson's suit.
COUNCIL MEMBER SMITH: Thank you.
MAYOR ROSARIO: Is that quo warranto remedy
that he'claims to acquire or asked he -- that
resource that he used, is that a form of reputable
harm in perspective or can you explain the quo
warranto in terms of what qualifies that person for
that quo warranto?
MR. ROPER: Well, I'm not sure I can -- I'm
not sure I understand the question entirely. But
as I said, it's a specific procedure or process
that's supported by Florida law that's designed for
a particular purpose. And that particular purpose
is to challenge an individual's fitness, ability to
hold elective office. And essentially, if that
remedy exists, that the court, the appellate court
is saying, that's the remedy that ought to be
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pursued by Mr. Wilson and not some other injunction
or some other type of cause of action.
MAYOR ROSARIO: Thank you.
COUNCIL MEMBER SMITH: If I might ask a
question that maybe helps clarify. If I was, say,
a candidate that ran for office and I was 15 years
of age, but the state required me to be 21 years of
age, then if I won the seat, somebody could ask for
a quo warranto for me to produce a birth
certificate showing that I was in fact 21 years of
age at the time I was elected to office. And if I
couldn't do that, then I would be required to
forfeit my seat because I wasn't able to prove I
was eligible to hold office; is that --
MR. ROPER: Correct. I mean, the court would
rule as a matter of law --
COUNCIL MEMBER SMITH: So it's simply against
a particular qualifying requirement that you
produce documentation that shows you, in fact, meet
those requirements as established under the state
statutes or constitution to be able to hold that
seat --
MR. ROPER: Yeah.
COUNCIL MEMBER SMITH: -- or --
MR, ROPER: That's certainly an example.
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That's certainly an example of how a quo warranto
could proceed. I mean, there are other -- I mean,
for example, a person that had other reasons why
they weren't qualified or they were disqualified
from holding office, that could be subject to it as
well. But your example is a valid one, yes.
MAYOR ROSARIO: But in this case, he is
claiming to want to be the person to be the -- to
hold that office; is that accurate?
MR. ROPER: He doesn't specifically allege
that, but that's generally what the quo warranto is
about.
MAYOR ROSARIO: Yeah, because I don't see it
on the four corners of the document.
MR. ROPER: No. There's no specific
allegations to that effect, but that's generally
the framework in which a writ of quo warranto is
brought. The person asserts they have a better
right or a better entitlement to the position.
COUNCIL MEMBER RADZICK: So in other words,
could not bring the quo warranto because I wasn't
harmed; Wilson and Smith were harmed, those are the
only parties that could have?
MR. ROPER: Correct, correct.
COUNCIL MEMBER RADZICK: So --
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COUNCIL MEMBER SMITH: Now, would the Court --
let me interject on that. Would the Court then
does the Court concern itself whether or not
Mr. Wilson was in fact the second place person on
the vote tally or the third place person? Do they
care where he falls? In other words, if he was
third in the list, would he still be able to bring
the quo warranto even though he couldn't take
office?
MR. ROPER: I think he would have to still be
entitled to better -- better entitlement to the
position than the person that he's challenging.
COUNCIL MEMBER SMITH: So he would have to
probably be second in the polling to be able to
MR. ROPER: Yeah, that's a good question. I'm
not entirely certain on that, but that's generally
my understanding, yes.
COUNCIL MEMBER SMITH: And I don't know where
he was, so I just asked the question.
MAYOR ROSARIO: Yeah, because you've only been
here in the city for 24 months, so welcome to
Groveland.
COUNCIL MEMBER SMITH: Well, it has nothing to
with whether it was 24 months or 24 years. I just
don't know the final election results of the last
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mayoral election, of whether you got 34 and he got
33.9 percent. I don't know what those exact ratios
were --
MAYOR ROSARIO: Well, let's --
COUNCIL MEMBER SMITH: -- so I just don't know
whether he came in second or third in the election.
MR. ROPER: Yeah.
COUNCIL MEMBER SMITH: I just was curious as
to whether or not there's a particular -- in other
words, if he doesn't have that, is he likely to
lose because he couldn't have taken Mr. Rosario's
seat, because even if Mr. Rosario was declared --
in other words, he can't claim the quo warranto
because he couldn't move forward. He couldn't
become -- advance in position.
MR. ROPER: Well, as long as he --
COUNCIL MEMBER SMITH: That's why I'm asking
the question.
MR. ROPER: Yeah. And that's a good question.
I'm not sure I have the answer to that for you
tonight.
COUNCIL MEMBER SMITH: Okay.
MR. ROPER: But the procedure itself is not
significantly different than a writ of mandamus or
an injunction. In other words, for the quo
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warranto, the Court will have to look at the
pleading. Does it state a prima facie case to
proceed on the quo warranto? If it does, the Court
enters the alternative writ of quo warranto. We
have to respond to it. There's a hearing. I mean,
it's the same process.
COUNCIL MEMBER SMITH: But the likelihood of
prevailing would be -- my curiosity is more to the
likelihood of prevailing --
MR. ROPER: Right.
COUNCIL MEMBER SMITH: -- if he isn't number
two in the ballot polling, but is number three
versus Mr. Smith versus -- I mean James Smith, not
me, but James Smith.
COUNCIL MEMBER RAMSEY: I think that
regardless of whether he was second or third,
either one of those candidates -- an opinionated
statement here -- would have had the right to file
such a writ, simply because had this individual not
qualified and ever been a candidate, the third
runner up may have garnished those votes and would
be
COUNCIL MEMBER SMITH: I agree. And then
maybe his argument is that if he was unqualified,
then there should have been a different election --
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COUNCIL MEMBER RAMSEY: But the --
COUNCIL MEMBER SMITH: -- that allowed the two
of them to battle against each other and determine
who was actually -- it just was more of a technical
question to you in that respect, so I understand
downstream risk or -- of likelihood of successor --
MR. ROPER: Right.
COUNCIL MEMBER SMITH: -- or likelihood of
failure based upon --
MR. ROPER: First of all, that's really an
issue for Mr. Wilson and his lawyer. But secondly,
the cases that I've seen on that point are not
necessarily the quo warranto has to be brought by
the person with the most right to the office, just
a greater right --
COUNCIL MEMBER SMITH: Okay. I got you.
MR. ROPER: -- than the person that ran
against him, so --
COUNCIL MEMBER SMITH: I got you. Okay. So
then he would fit that criteria most likely?
MR. ROPER: Right.
COUNCIL MEMBER SMITH: I got you. Okay.
COUNCIL MEMBER RADZICK: So the question I was
trying to get in is: Quo warranto, is that
something that has to be done through the Court or
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was Mr. --
MR. ROPER: Yes.
COUNCIL MEMBER RADZICK: -- Wilson's, through
Derek Schroth's request, that a pardon be produced
that was done in writing, an email, is that not a
form of a quo warranto?
MR. ROPER: No. Quo warranto is something
that the Court does.
COUNCIL MEMBER RADZICK: Okay.
MR. ROPER: It's an actual formal review of
the matter. But, first of all, the Court has to
issue the alternative writ of quo warranto. And
then the Court has to have an evidentiary hearing
as to the issues involved.
MAYOR ROSARIO: So that council cannot act
outside of the court if it's the matter with the
court, council cannot act on their own to forfeit
anyone from office?
MR. ROPER: That's an entirely different
question.
COUNCIL MEMBER SMITH: Yeah.
MAYOR ROSARIO: Okay.
COUNCIL MEMBER SMITH: I mean -- and I'll go
back, if you want to start that line of
questioning, I mean, whenever you're ready for
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that
MR. ROPER: Sure.
COUNCIL MEMBER SMITH: -- then I've got
different things.
MR. ROPER: Sure.
COUNCIL MEMBER SMITH: So as I read your
motion that was done back on the 24th --
MR. ROPER: Yeah. And --
COUNCIL MEMBER SMITH: -- you had made a
comment in here that it was the city council's
determination as to -- if you can just read that,
read that part of it.
MR. ROPER: Sure.
COUNCIL MEMBER SMITH: So what triggered my
curiosity was those highlighted parts about it
being council's determination of there, a
discretion and issue.
MR. ROPER: Sure.
COUNCIL MEMBER SMITH: And so maybe you can
explain that.
MR. ROPER: Absolutely. Bear in mind that the
court, no court, either the trial court or the
appellate court has considered these arguments at
this point in time.
COUNCIL MEMBER SMITH: And I understand -- I
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appreciate that. And that's why I said -- that's
what I was trying to make clear was that these
arguments have never been adjudicated within either
of the courts.
MR. ROPER: Right.
COUNCIL MEMBER SMITH: These were arguments
that were made by us, the city --
MR, ROPER: Correct.
COUNCIL MEMBER SMITH: -- to -- as to
potential remedies that could exist that we did not
yet explore, as I understand this writ.
MR. ROPER: Well, once again, this was in
direct response to the claims that were asserted
against the city in the Wilson lawsuit. As I said,
the initial complaint that was filed was brought by
Mr. Wilson solely against the city.
COUNCIL MEMBER SMITH: Right. But he was
alleging the city didn't do its job, per se
MR. ROPER: Yes, yeah.
COUNCIL MEMBER SMITH: -- just to simplify
identify it.
MR. ROPER: Right.
COUNCIL MEMBER SMITH: And that's why I'm
saying, your comment here was that it was the
City's discretion whether or not to require this to
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happen, whether or not to forfeit the office.
Basically it was a discretionary function of the
city.
MR. ROPER: Correct.
COUNCIL MEMBER SMITE: It wasn't something
that could be compelled by a citizen for the city
to do, but it was something that was, in fact, a
legal remedy that the city maintained within itself
to execute if it so desired.
MR. ROPER: Correct.
Well, the argument I made is -- well, this was
directed to count one, which is the writ of
mandamus. Okay. And a writ of mandamus is another
procedure by which a public official or a public
entity can be compelled by the Court to perform a
ministerial duty, one which is clear, the law is
absolutely 100 percent clear, there's no
discretion, there's no wiggle room, there's no
leeway in terms of what that public official does
or public body does. And that's what a writ of
mandamus is intended to compel, whether it's
absolutely crystal clear legal duty to do an act
and the governmental official or governmental body
refuses to do that.
The argument that I raised here is we
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acknowledge that once a determination has been made
that the person has forfeited the office or they're
not qualified for their office, then that is a
ministerial obligation to declare a forfeiture.
But determining whether that has occurred is a
discretionary act and necessarily involves the
discretion of the governmental body.
So, for example, in order for the governmental
body to determine whether a person, a council
member has forfeited their office, there's certain
things that the body would have to do. They would
have to consider evidence. They would have to
perhaps hear from witnesses. They would have to,
you know, conduct a hearing. There's certain
things that they
hearing all that
discretion, they
whether or not a
occurred.
would have to do. And then after
information, utilizing their
would make a decision as to
forfeiture of the office had
So our argument was, Judge, you can't tell us
as a matter of law this is a ministerial duty that
we have to perform.
COUNCIL MEMBER SMITH: So just to understand
that better, are you saying the council then would
have to, in a sense, sit as an adjudicating body?
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MR. ROPER: I think that
COUNCIL MEMBER SMITH: -- and basically a way
forward type of thing would have been to say, okay,
the city council calls a hearing on the right of
somebody to do whatever it is they're going to do,
and as such we call in witnesses, we ask for
evidence to be presented, and then at the end of
that, there's an opportunity for opposing counsels
to present just like they would -- kind of like an
administrative law judge might run a proceeding, if
you would.
MR. ROPER: Right.
COUNCIL MEMBER SMITH: And then at the end
they would then retire or -- I don't know whether
it's retire or not, but I think you would retire
and have a closed-door meeting where you discuss
the merits presented by each of those parties and
come up with an adjudication of the case, and then
come back to the public and say, based upon the
evidence presented to the council, it's our
determination that the following. And so it's, if
he forfeits or if he's in violation of ethics,
whatever it is, I mean, in this particular case
we're talking about Mr. Rosario and his things, but
I mean it could be any of these cases, something we
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2,6.
would treat almost like an ALJ would or
MR. ROPER: With the exception of going back
and discussing in private, yes.
COUNCIL MEMBER SMITH: You would never go back
in private?
MR. ROPER: No.
COUNCIL MEMBER SMITH: So it would just be a
discussion as an open council meeting and a
determination made.
MR. ROPER: Yes.
COUNCIL MEMBER SMITH: Okay.
MR. ROPER: And understand --
COUNCIL MEMBER SMITH: I'm just curious,
because I know
MR. ROPER: Yeah.
COUNCIL MEMBER SMITH: -- the Court normally
will adjourn, go back and then --
MR. ROPER: Right.
COUNCIL MEMBER SMITH: -- do some more
research, discuss their points, argue with each
other and then come up with a final ruling, but
you're saying in our case, it would be --
MR. ROPER: It would have to be in session.
COUNCIL MEMBER SMITH: -- at the end of the
presentation of the evidence, we would then have to
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make a ruling publicly at that point in time.
MR. ROPER: Correct.
Understand that the City's charter does not
address a specific procedure for determining when a
council member has forfeited their office. There
is a procedure in the charter dealing with, you
know, termination of a city manager or some other
things like that. Okay. Other charters that I
have seen do have a process contained in the actual
charter itself detailing how the council will
consider whether a forfeiture has occurred.
But I think that the important thing would be,
in rendering that decision as to whether a
forfeiture is occurring, you would want to make
sure that you extended all due process to the
individual who is involved,
COUNCIL MEMBER SMITH: Right, right. I
understand. So you have time -- plenty of time
MR. ROPER: Yeah.
COUNCIL MEMBER SMITH: --- to present evidence,
present his arguments and have his attorney present
whatever their arguments there are. Yeah, I do
track with that.
MR. ROPER: Right.
COUNCIL MEMBER SMITH: That's why I say more
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like administrative hearings that you have --
MR. ROPER: Sure.
COUNCIL MEMBER SMITH: -- where you bring
those and provide sufficient public notice --
MR. ROPER: Correct.
COUNCIL MEMBER SMITH: -- and they're allowed
to come in and present mitigating circumstances and
whatever they're supports their case, their
arguments of the case.
MR. ROPER: And the point in this argument, in
this brief here was because all of that is
necessary, it's discretionary. It's not just a
ministerial duty that, you know, rubber-stamped and
then you're --
COUNCIL MEMBER SMITH: Right. We don't just
come in. And I think this was to your point, sir,
that we wouldn't just come in and say, I'm sorry,
you haven't produced this by today --
MR. ROPER: Right.
COUNCIL MEMBER SMITH: -- bang, you're out the
door. It's one of those things that would have to
be a more deliberate process that we would say,
okay, we want to start this as a -- almost as a
hearing. I guess type of a thing. It would have
to be more some -- and you would know more along
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those lines, but we would have to establish
something. It would have to be a process that we
go through. Same as -- I mean, not the same as,
but similar to discharging the city manager or
whatever, where you would give notice, there's an
opportunity, there's public notice given, there's
opportunity to make statements and present evidence
and have a hearing and all that on the issue
MR. ROPER: Correct.
COUNCIL MEMBER SMITH: -- and then make a
ruling after the fact.
MR. ROPER: Correct.
COUNCIL MEMBER RADZICK: So, again, I'm going
to go back to there was a March the 30th hearing
scheduled that was not going to be attended by
Mr. Rosario's attorneys that would have started
that exact process, and instead it went back to the
DCA. So there's been ample opportunity since
December of last year when I informally asked the
mayor if he had the qualifications. There was
emails from the attorney, Derek Schroth, asking.
There was information from Ms. Geraci-Carver in
January. There was other times that, you know,
information was requested. So for almost a year
now, there have been many occasions where that was
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asked for proof, and it has not been offered.
MAYOR ROSARIO: Well, the party -- Wilson
brought the case and the complaint against me. And
if you remember, clearly, on January 3rd where the
three-two came about was to table the matter to
allow Mr. Schroth, Mr. Wilson's attorney, to get
more of the information and provide to us and
provide to me that I don't have the right to hold
public office. The complaint was filed by him
against me. Not only that, Mr. Radzik, but
Mr. Wilson, in turn, did not respond or acted [sic]
to that request that council directed the city
attorney -- that was the direction to the city
attorney to address Mr. Wilson's attorney of the
allegation of holding public office to prove to me
that I do not have the right to hold public office.
COUNCIL MEMBER RADZICK: That's not what
happened on January the 3rd. Rodney Lucas came in
and basically said he recommended to the council
that we table this so that further research can be
done. Had nothing to do with Mr. Wilson's
attorney. There was no discussion about Derek
Schroth needing to do anything.
MAYOR ROSARIO: Well, Mr. --
COUNCIL MEMBER RADZICK: Am I wrong,
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Ms. Geraci-Carver? Was that not tabled with George
voting, and it was at the request of Rodney
Lucas --
MAYOR ROSARIO: Can I add --
COUNCIL MEMBER RADZICK: -- not anyone else?
MS. GERACI-CARVER: Yes.
MAYOR ROSARIO: But then can I ask this to the
attorney, to Mr. Roper? How do one allege someone
not having something and that person not being able
to prove it, and knowing that the person has it and
refuse to prove it?
MR. ROPER: Well, that sounds like more of a
philosophical question, sir. I mean, I'm not sure
I can answer that in the context of, you know, what
we're doing here.
MAYOR ROSARIO: Okay. So this is where we're
at. And here this is something that Mr. Radzik
brought up at the last council meeting, produce
this. You know, I'm not going to violate the
court. The matter is with the court, and with the
court it's going to remain.
Now, the way this matter went about, this
council was unaware of the investigation that was
being conducted on me because it never came before
us. And all of the sudden Mr. Wilson's complaint
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surfaced along with all these other documents that
he claims that disqualifies me. And, again, that's
something for Mr. Schroth to --
MR. ROPER: Right, right.
MAYOR ROSARIO: -- respond to.
MR. ROPER: I'm not privy to any of that.
MAYOR ROSARIO: And I understand that. But I
just wanted to kind of sort of get it on the record
that the matter and how where we are right now
never came before council.
COUNCIL MEMBER RADZICK: And it was --
MS. GERACI-CARVER: Well, we need to --
COUNCIL MEMBER SMITH: Let me ask a quick
question here.
MS. GERACI-CARVER: -- narrow this discussion.
COUNCIL MEMBER SMITH: Yeah.. That's what I
want to do is narrow it.
So the question for you -- there's two here I
want to ask you. One is: I understand that we
have actions that are pending with the court --
MR. ROPER: Yes.
COUNCIL MEMBER SMITH: -- and Judge Briggs.
MR. ROPER: Right.
COUNCIL MEMBER RADZICK: But hang on.
COUNCIL MEMBER SMITH: Let me finish my
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question. Let me finish my question, please.
Just --
COUNCIL MEMBER RADZICK: Well, you interrupted
us.
COUNCIL MEMBER SMITH: I know.
But the question is: Does that preclude the
council from taking its deliberate process actions
if it wants to?
MR. ROPER: Presently there is no injunction
or order or any pending matter that --
COUNCIL MEMBER SMITH: So absent the court
telling us to cease and desist, the council could
proceed forward on the deliberative process while
at the same time the courts are deciding whether
they want that? So -- and they may or may not ever
come to maturity, but I mean, there could be both
processes proceeded at the same time, much as
happens in many kinds of events where there's an
administrative hearing that's going on somebody's
right to hold a license, do this, whatever, at the
same time they have civil suits or criminal suits
that are proceeding on a simultaneous basis.
There's some de-confliction that people look to
seek to grid, but there's no -- as I'm
understanding from you, there's no prohibition
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against two courses of action taking course at the
same time? It's just a matter of keeping all the
parties informed of what's going on; is that right?
MR, ROPER: I think that's accurate. In other
words, there's a political process, there's a legal
process. It's not -- you know, I think I mentioned
earlier on that once the appeal was taken, the
trial court lost jurisdiction because the appellate
court had jurisdiction. That's not a similar --
COUNCIL MEMBER SMITH: It's back to the trial
court now, though.
MR. ROPER: Yeah.
COUNCIL MEMBER SMITH: But -- and that was the
next part of my next question was: What is the
next step in the sense of the trial court to
command the quo warranto element?
COUNCIL MEMBER RADZICK: And that's what I
wanted to ask. Is it actually sent back to Judge
Briggs yet, because there's been no hearings,
there's been nothing briefed. So is it in a state
of limbo at this point?
MR. ROPER: Not really. Here's where we are
on the trial court litigation. There is a stay
that's still in effect, technically. Okay. When
the matter was taken up on appeal, the appeal was
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only on certain items, not the entire case. So
Judge Briggs stayed the entire case, pending the
results of the appeal, which, once again, is a very
normal process for the court to follow. So now
that the matter has been remanded, Judge Briggs'
stay is still in effect. That stay would have to
be lifted. And I understand from communications
amongst council that that probably could be lifted
by way of a stipulation. I don't think we would
need a hearing on that, although if it was
necessary, it could be held.
The next step in the process would be for
Judge Briggs to review the quo warranto claim
that's been plead by Mr. Schroth on behalf of
Mr. Wilson. And he does that at a similar type of
hearing as he did when he entered the injunction.
He'll take a look at it. He'll look at the
pleading on its face and say, this states a claim
or it doesn't state a claim. If he says it states
a claim, he'll issue an alternate writ of quo
warranto and then the city and Mr. Rosario would be
given a certain amount of time -- I think it's 20
days -- to respond to the writ of quo warranto.
And that will get the case moving again in terms of
it moving forward toward some type of resolution.
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Under the writ of quo warranto process, either
side is allowed to take discovery. And then
ultimately there will be a final hearing where the
judge will hear the evidence and make a ruling
based on what's presented to him at that hearing,
One of the things that we could do is try and
have him expedite the process and go ahead and set
a relatively aggressive discovery period of time,
so that we can try to get this thing moving and get
it in front of him, to some determination, but that
would be -- you know, I would need some direction
from you all --
COUNCIL MEMBER SMITH: So by aggressive
schedule, what are we talking about?
MR. ROPER: Weil, just
COUNCIL MEMBER SMITH: Just what you were
thinking about in time. I mean, you know the court
system better than I do. That's for sure.
MR. ROPER: Yeah. I mean, I understand that
Judge Briggs actually may be out for a little bit
because of some health issues, but I'm thinking,
you know, three months. Two to three months.
MAYOR ROSARIO: I will pray for him.
COUNCIL MEMBER RADZICK: What was that?
MAYOR ROSARIO: I will pray for him.
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COUNCIL MEMBER SMITH: So best case is we
would be three months out, still --
MR. ROPER: I would --
COUNCIL MEMBER SMITH: -- working through this
process, hoping to do discovery. And as I
understand, your discovery at that point in time
would be that Mr. Rosario would have to produce
proof that he's eligible to hold office. I'm not
talking about what it is, but I'ii just talking he
has to basically produce whatever proof the court
requires for him to hold the position he's holding.
And absent being able to produce that proof, then
the judge would then base his ruling -- I mean,
there would be no formal trial, evidentiary hearing
basically, right?
MR. ROPER: No. I think entitled to a jury
trial.
COUNCIL MEMBER SMITH: Okay. So then there
would be a jury trial to follow that, which could
be another three to six months?
MR. ROPER: Well, that's what we would be
asking the judge to expedite, to set up having an
actual trial within three months. Now, whether he
will do that, I'm sure that there might be
opposition to that.
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COUNCIL MEMBER SMITH: Right. I'm just trying
to understand the process and timeline.
MR, ROPER: Yeah. So I mean --
COUNCIL MEMBER SMITH: So the most aggressive
tactic we could take if the council was to ask for
it, is to hope for some kind of resolution in three
to four months.
MR. ROPER: I think that would be optimist,
but, yes.
COUNCIL MEMBER SMITH: I mean, that's the most
aggressive course of action, we'd get --
MR. ROPER: From the court, yes. And then
that doesn't take into account appeals from that.
COUNCIL MEMBER SMITH: Correct.
MR. ROPER: Yeah.
COUNCIL MEMBER RADZICK: And the ramifications
of the council taking care of business ourselves,
what is the downside and what is -- we know what
the upside is. What's the downside?
COUNCIL MEMBER SMITH: Under that
discretionary part that you talked about, doing the
full proceedings, the hearings, having
opportunities for hearing -- all the stuff that's
required --
MAYOR ROSARIO: Well, that was emailed -- that
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was emailed today by Mr. Wilson's own on this
document --
COUNCIL MEMBER RADZICK: Whatever --
MAYOR ROSARIO: Yeah, well
COUNCIL MEMBER RADZICK: -- Mr. Wilson says is
not --
MAYOR ROSARIO: Yeah. But it was emailed to
all the council, which is what he's claiming that
he would like to take the opportunity to make a
petition by very clear -- of a member of current
council, okay, for which I thought that after the
meeting -- I had not mentioned it earlier. Okay.
And he goes by saying, other matters with regards
in hoping that council take the matter on their
own. And it was cc copied to the interim city
manager and myself.
COUNCIL MEMBER SMITH: And --
MAYOR ROSARIO: And I mean, so we're talking •
about what can council do.
COUNCIL MEMBER SMITH: Well --
MAYOR ROSARIO: So I mean, that's related to
us.
COUNCIL MEMBER SMITH: I would agree with you
that was a comment he made. And that was --
MAYOR ROSARIO: An email, a comment --
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APPX-000155
COUNCIL MEMBER SMITH: I don't know if you saw
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that
MS. GERACI-CARVER: One speaking at a time,
please.
COUNCIL MEMBER SMITH: I just don't know if he
saw that --
MAYOR ROSARIO: An email comment, Mr. Smith,
is not -- an email is not a comment.
COUNCIL MEMBER SMITH: Tell me what the
comment said would happen,
MAYOR ROSARIO: Legal action dismissal, he
calls it on his -- on the subject. It's a legal
matter. And he's sending to Derek Schroth and
Anita Geraci.
MS. GERACI-CARVER: That's getting outside the
scope of what you're allowed to discuss in here.
MAYOR ROSARIO: But, no.
COUNCIL MEMBER SMITH: And I'm not trying to
discuss it,
MAYOR ROSARIO: But we're talking about what
the council can do, but he's calling for that to
this council, He's sending it to me. Why am I
going to act on something that is in the courts? I
can't act on something that is in the court. Then
I'm disobey -- I'm going to find myself in contempt
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41
of court. Would I want to put the city more at
risk?
COUNCIL MEMBER SMITH: So as I understand from
you, the city has -- basically they have a right to
make a determination based upon everything it's got
as long as it follows the proper legal proceedings
as it does that, and those proceeds occur
simultaneous to court activities that's occurring?
MR. ROPER: As long as there's no order from
the Court that enjoins the city from taking action,
yes.
COUNCIL MEMBER SMITH: So it would require an
order from the Court to say, stand down, we've got
this, this is in our court, we're going to
adjudicate this, nobody else can adjudicate it but
us?
MR. ROPER: Correct. And that
COUNCIL MEMBER SMITH: So -- and which we have
not yet seen to date.
MR. ROPER: No.
COUNCIL MEMBER SMITH: So -- and while I
appreciate that Mr. Wilson ended up putting an
email to us saying, you know, if you do what I want
you to do, then I'm going to drop it. That's not
what I'm looking at and questioning, because I'm
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not making a determination whether or not -- I'm
not saying to drop the legal actions. I'm just
saying we can do both actions at the same time, as
I understand from your pleadings. We have that
right. In fact, I would almost read it that we
have that duty to take that discretionary action
and make some form of adjudication that we feel is
appropriate to the case at hand, based on the
evidence presented to us.
MR. ROPER: Well, I think you have the right
to do it. Whether or not you have the duty to do
it, that's a different question.
COUNCIL MEMBER SMITH: Okay.
MR. ROPER: But I think you have the right to
interpret your charter. I mean, I've given this
opinion previously. I do think that the language
of the charter is ambiguous in terms of the extent
to which council has the authority to conduct --
declare that -- the forfeiture, but certainly I
think it's within your right as an elected council
member to interpret the charter and decide how to
proceed.
COUNCIL MEMBER RADZICK: As --
COUNCIL MEMBER SMITH: And I was asking --
just one more thing. As I understand from the city
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.43
attorney, that that discussion about whether or not
that risk is appropriate is outside the scope of
this particular discussion?
MS. GERACI-CARVER: Correct.
MAYOR ROSARIO: And may I submit this for the
record, for the clerk? Can I submit this to the
clerk? Is that -- I mean
MR. ROPER: We don't really --
MS. GERACI-CARVER: No. It's
MR. ROPER: Yeah. I mean, there isn't really
a procedure to do that
MAYOR ROSARIO: Okay.
MR. ROPER: -- under this type of a meeting.
MAYOR ROSARIO: Okay.
MR. ROPER: I mean, if you'd like to identify
it by the author and the date, then I think, you
know, we'll know what it was.
MAYOR ROSARIO: Yeah, absolutely. Mr. Glen
Wilson, Tuesday, December 19, 2017, at 1:48 p.m.,
subject, legal action dismissal, Glen Wilson
signed.
COUNCIL MEMBER RADZICK: So my question had to
do with, you talked about duty, and you said it's
not necessarily our duty, but I'm wondering, don't
we have a duty to uphold the constitution of the
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State of Florida when it talks about convicted
felons not being able to hold office; is that not a
duty?
MR. ROPER: It certainly is. What I'm saying
is I think that the wording of your charter is
ambiguous in terms of how that process is supposed
to work. And I think that there are two perfectly
reasonable and rational interpretations, one which
affords you that right to take that action and one
that requires you to wait until the council member
has himself deemed the forfeiture to be in effect
COUNCIL MEMBER RADZICK: Well, 3.06(a) says
vacancies, the office of the council member shall
become vacant upon his death, resignation, removal
from office or any matter authorized by the law or
forfeiture of his office, and such forfeiture is to
declared by the remaining members of the council.
So my question would be when we talk about
authorized by law and you've got the state
constitution that says convicted felons don't hold
office unless they got a pardon or a restoration of
rights, okay, one -- if I stop right there, then
there is no -- the qualification is no longer a
question. The rest of the council can declare that
forfeiture based on a manner authorized by law.
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And --
COUNCIL MEMBER SMITH: If I may, as I
understand from you, that is exactly true, but
there is a process we must follow to achieve that
determinative point, that is this deliberative
process of holding a hearing, asking for the
evidence to be presented, adjudicating that
evidence and then coming to a determination based
upon the evidence presented to us. So there is a
process that we have to follow to achieve that part
where we can definitively say that in accordance
with this you no longer can hold office.
COUNCIL MEMBER RADZICK: And that's what was
tabled by a three-two vote, Mr. Rosario opposing
that vote that Rodney brought up, not the council.
And had that January meeting gone on, the evidence
that Ms. Geraci-Carver had presented and had found,
meaning no proof of pardon in Philadelphia, nothing
by way of the State of Florida, having documents
that were certified from Pennsylvania of the
criminal act. That was never allowed to be even
presented at the council. So what that's saying is
at another council meeting, either 24, 48 or 128,
whatever, we could theoretically bring that back,
what Ms. Geraci-Carver had found, bring that before
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46
the council, review all of the merits right there
and kind of go from there.
MR. ROPER: Yeah. And to be clear, I think
that reading you just described is a reasonable
reading of the charter. And if that's the reading
that you all have of the charter, then there is a
process that has to be followed. However, I think
that there is an equally reasonable reading that
the council doesn't have the ability to determine
the forfeiture and has to rely on the council
member to first declare that his position is
forfeited. And that's, once again, just because of
the ambiguity that exists in the charter and the
absence of any process in the charter as to how you
should go about conducting the hearing, giving
notice, that type of thing. That's what concerns
me.
COUNCIL MEMBER SMITH: So
COUNCIL MEMBER RADZICK: So --
MAYOR ROSARIO: Okay. So if I'm --
COUNCIL MEMBER RADZICK: So what you're
basically saying to me here is if I lack
qualification, I move to Trilogy in the middle of
my term --
COUNCIL MEMBER SMITH: Move to Trilogy?
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COUNCIL MEMBER RADZICK: Okay. Yeah. I move
to Trilogy in the middle of my term. I have
effectively disqualified myself from my seat.
Except what you're saying is I need to get up in a
meeting and say, hi, My name is Mike Radzik, I
moved out of my subdivision or out of my district
and I'm forfeiting my position. You want a council
member basically to say that. Cr, hi, my name is,
and I'm a convicted felon, and I'm forfeiting my
seat. You want somebody to get up and say that.
Not going to happen.
MR. ROPER: Not that I want it. Your charter
may require that.
COUNCIL MEMBER RADZICK; Yeah. That's not
going to happen.
MAYOR ROSARIO: But to follow what Mr. Radzik
was saying with regards to the meeting, the
forfeiting the individual from office of the date
that occurred that the council was brought by the
city attorney, not to the council, but to consider
the forfeit of office, which on January 3rd -- on
the 4th of January those same documents appear at
the court for evidence as well. Now, how does that
translate into fairness of, was council advised
before of any matters that was brought to the city
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48
attorney to bring to the council, the matter needs
to be looked into more further into depth to find
out. And none of that took place, but yet, you
know, we have a document in front of us that was
brought for council's consideration by the city's
attorney to forfeit that individual out of office
to the council.
COUNCIL MEMBER SMITH: Just a question for
you, sir. My understanding of the way the city
works --
MAYOR ROSARIO: Uh-huh.
COUNCIL MEMBER SMITH: -- is that an agenda, a
package is published prior to the city council
meeting so that Mr. Wilson would have had access to
all the documents that Ms. Geraci actually created
prior to the city council meeting, so it wasn't
like he had to sneak them or get them from
somebody. I mean, they were a posted set of
documents of your findings from your investigation
to that date?
MAYOR ROSARIO: So the 1-9 form was also
something that he obtained in a public record?
COUNCIL MEMBER SMITH: No, sir. As I read --
MAYOR ROSARIO: My social security number.
COUNCIL MEMBER SMITH: As I read the -- as I
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. 49
read Ms. Geraci's pleadings to the council --
MAYOR ROSARIO: Uh-huh.
COUNCIL MEMBER SMITH: -- she referenced the
1-9 document. Not -- that was a reference in her
documents to the council as she reviewed your 1-9
documents.
MAYOR ROSARIO: Yeah.
COUNCIL MEMBER SMITH: Not Mr. Rosario. So
I'm not disagreeing that they happened
simultaneously. What I'm saying is you were asking
how he might have got those documents. I'm just
saying that the city published them out on the
website and put them out there for him to read and
understand. So the fact that he took action is
another matter altogether.
MAYOR ROSARIO: 'Uh-huh.
COUNCIL MEMBER SMITH: But basically the city
fed him all the documents he needed to take the
action.
MAYOR ROSARIO: But you needed a social
security number, Mr. Smith, and that 1-9 form was
used for that.
COUNCIL MEMBER SMITH: But I don't know if
he --
MAYOR ROSARIO: Because Mr. Derek Schroth sent
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the email to Ms. Carver that he obtained it.
MR. ROPER: One second. I do think we're
getting beyond the scope of --
COUNCIL MEMBER SMITH: I agree.
MAYOR ROSARIO: I agree.
COUNCIL MEMBER SMITH: So let me ask two
questions --
COUNCIL MEMBER RADZICK: Well, I wasn't
finished.
COUNCIL MEMBER SMITH: Oh, go ahead. I'm
sorry.
COUNCIL MEMBER RADZICK: Let me finish my
point.
So just to reiterate, the way that it got to
the city council meeting on January 3rd or
otherwise was that Mr. Schroth had asked Anita if
she represented George or something along those
lines. Anita says no. Then Derek said if I don't
get an answer, then I'm going to go ahead and I'm
going to pursue action. Anita then put it on the
agenda for the council to consider with all the
different evidence for us, and it never made it any
further than that. So it wasn't something that
was -- it didn't come before the council to be able
to put it on the agenda. It came through a
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potential litigious event that Anita says I need to
bring this before the council for them to consider.
MAYOR ROSARIO: There was a investigation
conducted when it came to council. Council did not
know about that investigation.
COUNCIL MEMBER RADZICK: There was no
investigation. The investigation was --
MAYOR ROSARIO: It started December -- it
started December, Mr. Radzik. Mr. Schroth sent
communications through emails with his
COUNCIL MEMBER RADZICK: The --
MR. ROPER: I think that highlights sort of
the distinction between council's conduct and the
legal conduct.
COUNCIL MEMBER RADZICK: Right.
MR. ROPER: I mean, they're not the same. One
doesn't --
MAYOR ROSARIO: This is what I'm saying: What
is fair that this council will have to undertake
when you have this kinds of email being sent to us
and acting, to act as if Mr. Wilson is funding his
legal expenses through the city. Well, he sued the
city before and he got paid.
COUNCIL MEMBER RADZICK: Well, why don't you
make this real easy on us, George, and just present
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the pardon and the restoration of rights --
MAYOR ROSARIO: I have faith -- I have faith
in the judicial system.
MS. GERACI-CARVER: One person --
COUNCIL MEMBER RADZICK: Well, think about it.
So that basically tells --
MS. GERACI-CARVER: One person speaking at a
time, please.
COUNCIL MEMBER RADZICK: That basically tells
me again --
MAYOR ROSARIO: I have faith in the judicial
system.
COUNCIL MEMBER RADZICK: Okay.
MAYOR ROSARIO: And that's what the court is
there for, Mr. Radzik. And I think --
MR. ROPER: I do think we need to bring it
back to the litigation.
COUNCIL MEMBER SMITH: So let me -- that's why
I wanted to come back to those questions. So as I
understand at this point -- and, Dina, we have
just -- we're not ignoring you. You just decided
to sit all the way off to the far left.
COUNCIL MEMBER SWEATT: I can't help it this
is where I sit. But you guys are doing just fine,
Go right ahead.
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COUNCIL MEMBER SMITH: Okay. So here's the
thing -- it seems to me we've reached the point
where it's like you need direction from us as to
where to go, that's been requested in a motion --
MS. GERACI-CARVER: We can't -- just so you
know, because I didn't explain that.
COUNCIL MEMBER SMITH: You've got to do this
in a motion?
MS. GERACI-CARVER: You take no official
action here.
COUNCIL MEMBER SMITH: Okay. So we just make
a consensus of the council of where we want to go.
So anyways, as I'm understanding it, you're
needing some direction. And I'm trying to find out
what do we need to basically convey to you that the
city believes you need to take the most aggressive
action you can to resolve the issue through the
court.
MAYOR ROSARIO: Uh-huh.
COUNCIL MEMBER SMITH: I mean, what do we need
to be able to do that?
MR. ROPER: Okay. Yeah. We've already talked
about one option, and that is to try and expedite
the actual final hearing of the quo warranto as
much as possible.
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The other potential remedy that we could seek
is the city could file its own writ of mandamus
against Mr. Rosario, arguing that pursuant to
section 3.06 Mr. Rosario has a nondiscretionary
duty to forfeit his office, and in light of the
circumstances he hasn't done that and therefore the
court should require him to do that. Right now we
haven't filed any offensive claims --
COUNCIL MEMBER SMITH: Which would -- I mean,
should we do both? Is that the way we should --
MR. ROPER: We could do both, yes.
COUNCIL MEMBER SMITH: And what does that
require between the attorneys?
MR. ROPER: That would just require me to have
some direction from the council in terms of whether
that's the way we wanted to proceed, whether we
wanted to -- you know, right now we are in posture
as defendant only. We are responding -- and
essentially, we're responding to claims that are
being made against us.
COUNCIL MEMBER SMITH: Okay. So we can go by
a quick vote. And as I understand from both the
attorneys here, the whole issue we talked to before
regarding discretionary action by the council is a
separate matter to be taken up at a public hearing
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at some future date; is that correct?
MS. GERACI-CARVER: Right. That would be
outside of this.
COUNCIL MEMBER SMITH: Okay. So we're just
talking to this -- to this meeting, we can only
talk on this one issue, how to best proceed through
on the court actions?
MR. ROPER: Correct.
COUNCIL MEMBER RADZICK: Is that not
contradictory, though? If we decided to do the
political part, would it be contradictory to sit
there and say, issue or go for a writ of mandamus,
if we gave you that consensus, would we not be
contradicting ourselves?
MR. ROPER: I think that might be
contradictory, yes. I mean, I think for us to file
the offensive writ of mandamus might be
contradictory if the plan was to take some other
action.
COUNCIL MEMBER RADZICK: Right.
MR. ROPER: And, you know, the only reason we
discussed that other action was in the context of
managing litigation expenditures.
MAYOR ROSARIO: And if council move in the
direction to forfeit the individual from office
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would the city then be obligated to retain legal
representation for that elected officer?
MR. ROPER: You know, I think that is beyond
the scope of what I can give you advice on in this
meeting, because that does go to matters that are
not related specifically to this litigation.
MS. GERACI-CARVER: One of the issues that we
have is that there's very little funding available
to the city in any direction that you might want to
take with regard to the litigation. There's little
funding left in the insurance policy limits. So,
you know, if council wants to pursue something
further, then it would be my recommendation that
you agree to retain Mr. Roper's firm to continue
pursuing that, understanding that if it exceeds the
limits of the insurance policy, that council would
agree to pay those legal fees.
MAYOR ROSARIO: I agree.
COUNCIL MEMBER SMITH: I think my question on
that would be: Should we ask Mr. Roper to present
to us what he's estimating legal fees are going to
be on a course of action, because you should be
able to do that without much problem, so that
council can take that as a consideration under a
public meeting, to pay additional fees.
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MS. GERACI-CARVER: Right.
COUNCIL MEMBER SMITH: I'd rather do that
there. I think taking aggressive action and
planning your strategy on that and then presenting
to us what your estimate of the cost of taking that
action would be to achieve that objective would be
good and give a chance for -- and bring it back to
the public so the public can understand what we're
talking about on that side.
MR. ROPER: Yeah.
COUNCIL MEMBER SMITH: So we're giving you a
direction of where we want to go in terms of trial
strategy, but we're looking for you to tell us,
okay, here's what it's going to take to achieve
that, here's what I'm estimating in terms of costs,
time, materials and so forth and bring that back
for us to vote on.
MS. GERACI-CARVER: Yes. And that will --
COUNCIL MEMBER RADZICK: And in the meantime
the $10,000 that is left, that is between what we
have, representing ourselves and what Mr. Rosario
has?
MR. ROPER: Yeah, that's correct.
COUNCIL MEMBER RADZICK: So that money is
gone. We are now coming in out-of-pocket, which we
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do not have a heck of a lot in the general funding.
MAYOR ROSARIO: But isn't it --
COUNCIL MEMBER SMITH: Well, we need them to
tell us what it's going to cost. I hear what
you're saying --
COUNCIL MEMBER RADZICK: Anything over
$100,000 is too much.
COUNCIL MEMBER SMITH: -- but right now we
haven't exceeded those limits of the policy, and I
would be greatly surprised if, putting this
together, costs us $10,000. So I would like to
note -- I mean, because I think that you're right
in the sense of understanding, so -- but I think
it's also important to tell the people, this is
what it's going to cost to defend this case and
discuss that in a public open forum of -- but we're
going to give directions as to where to go
essentially at trial side, so what your strategy is
going to be. So that allows you to create a much
more focused estimate, I would expect.
MR. ROPER: Yeah, I can certainly provide you
with a litigation budget in terms of what we would
anticipate going forward.
MAYOR ROSARIO: But I just want to -- I just
want to be clear, Mr. Radzik, that the legal fees
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that's been used, been used not only just by
Mr. Roper, it's been used by my attorney, both law
firms in one pot.
COUNCIL MEMBER SMITH: Right, right.
MAYOR ROSARIO: So it's not only me, as you
said the other day, that it was me.
COUNCIL MEMBER RADZICK: I understand.
MAYOR ROSARIO: And it's not only me. So let
it be on the record that it's both law firms, okay,
are working out of that budget. So it gets, you
know --
COUNCIL MEMBER SMITH: And I would look for
Mr. Roper to provide us with a budget that's going
to --
MAYOR ROSARIO: Yeah, that's right. I mean --
COUNCIL MEMBER SMITH: -- bring that to
closure, so we can at least
MR. ROPER: That would be great.
COUNCIL MEMBER SMITH: -- so that we can make
some decisions.
MAYOR ROSARIO: Absolutely.
COUNCIL MEMBER RADZICK: And for the record --
COUNCIL MEMBER SMITH: And then all of the
rest of the -- oh, I didn't mead to interrupt. I'm
sorry.
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COUNCIL MEMBER RADZICK: And for the record, I
am not in favor of spending one dime of general
fund taxpayer money. Not one dime.
COUNCIL MEMBER SMITH: And I'm going to be
more pragmatic at this point in time. I'm going to
wait to hear more from the attorneys as to that.
And then we'll engage at a future date, whether or
not council has desire on which to move forward on
the discretionary hearing element, so that's --
because that's a separate thing from this hearing.
MS. GERACI-CARVER: Correct.
COUNCIL MEMBER SMITH: So I don't want to get
into that, but that's a separate thing. But I do
what about to make sure that we're taking -- and I
know that has to be a council consensus of a course
of action, but my sense is that the sooner the city
can get this behind it and resolve it so that it
would be --
MAYOR ROSARIO: The better, absolutely, I
agree.
COUNCIL MEMBER SMITH: the better it
happens, so --
MAYOR ROSARIO: I agree.
COUNCIL MEMBER SMITH: -- I would just ask
that we move forward.
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MR. ROPER: I mean, in terms of litigation
expenditures, one thing I probably should mention
as well is that, you know, even under the other
scenario, it doesn't necessarily mean that there
won't be litigation expenditures.
COUNCIL MEMBER SMITH: Understand.
Understand. And but that, as I understand it, is
something that we're going to talk to the city
attorney to tell us what the risk is that the city
would be exposed to if it was to pursue any other
courses of action. So, yeah, I'm fully tracking
with that part of it, but I also understand from
her that I can't talk about that today.
MAYOR ROSARIO: So they --
COUNCIL MEMBER RADZICK: Also, we need to get
an estimate from Ms. Geraci.
MAYOR ROSARIO: And so that you know my --
COUNCIL MEMBER SMITH: Well, we can't ask that
today. That's a separate thing that has to happen
in the future.
MAYOR ROSARIO: And so you know my -- the
latest opinion from the Attorney General's office
regarding city's responsibilities to obtain legal
representation is there in the state -- Florida
Statutes.
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COUNCIL MEMBER SMITH: Yeah. And that's
why --
MAYOR ROSARIO: So you might want to check
with the state attorney's office, because that
recently just came out. I get weekly updates.
COUNCIL MEMBER SMITH: Right. I would look to
the city attorney to be cognizant and converse with
us --
MAYOR ROSARIO: It's there.
COUNCIL MEMBER SMITH: -- current opinions
from the state attorney's --
MAYOR ROSARIO: The city is obligated to
protect and defend the elected officials.
COUNCIL MEMBER SMITH: Which is what we're
doing through Mr. Roper on this particular case, to
note --
MR. ROPER: Well, I'm representing the city.
Separate counsel representing Mr. Rosario.
COUNCIL MEMBER SMITH: Well, we're still
paying that tab. Same pot of money that's Mr.
Roper --
MAYOR ROSARIO: That's correct. Both law
firms are in the same pot of money.
COUNCIL MEMBER SMITH: We're covering that.
And I'm looking for your cost estimates to
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incorporate both. You're the lead attorney, I take
it?
MR. ROPER: Correct.
COUNCIL MEMBER SMITH: Okay. So I would look
for you to provide both, figures from both sides.
MR. ROPER: Yeah, sure.
Well, now I'll just be providing the figures
on behalf of my firm.
COUNCIL MEMBER SMITH: Can we get
Mr. Rosario's attorney to provide his figures as to
what he sees as the cost? Can you coordinate with
him on that element?
MS. GERACI-CARVER: I don't know that that's
necessarily for --
COUNCIL MEMBER SMITH: If the city is paying
that fee, it would seem to be extremely relevant --
MAYOR ROSARIO: No. It's --
COUNCIL MEMBER RADZICK: Once we hit $100,000,
everyone is out-of-pocket. We're there now.
COUNCIL MEMBER SMITH: So at $100,000
Mr. Rosario is out-of-pocket for his own legal
defense, even though what he was just talking
about?
MS. GERACI-CARVER: I can talk with you about
that --
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COUNCIL MEMBER SMITH: Okay.
MS. GERACI-CARVER: -- outside the meeting.
COUNCIL MEMBER SMITH: Okay.
MR. ROPER: So I think that's -- I mean, I
don't really have anything else in terms of the
status of the case. I mean, we can move forward as
we've suggested.
COUNCIL MEMBER SWEATT: We just need to get
this thing settled, over and done.
MAYOR ROSARIO: Yep.
COUNCIL MEMBER SMITH: Agreed,
MAYOR ROSARIO: Absolutely.
COUNCIL MEMBER SWEATT: I'm tired of hearing
what people are saying behind our backs.
MAYOR ROSARIO: Well, I walk the city. I'm
out there every day, and I'm not hearing nothing
but, Mayor, keep going, keep on going. 30 years
ago don't mean nothing to anybody here in this
city. What means is to be transparent in the city
and finish your job that you ran on, and that is
stop -- clear the corruption, clean the city up.
That's what they want.
COUNCIL MEMBER RADZICK: So can we just
summarize exactly what it is that we're going to be
doing? I mean, I think I've got a pretty clear
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understanding from a political perspective, but
from the legal perspective, what is it that you're
looking from the council to agree upon by way of
consensus?
MR. ROPER: Agree or give us direction to move
forward in getting stay set aside, try to get a
pretrial conference with the judge to establish an
expedited trial schedule and get the matter in a
posture to be tried under writ of quo warranto as
soon as possible.
COUNCIL MEMBER SMITH: So to summarize that is
the more aggressive posture you can get to get this
issue resolved in as short a time as possible?
MR. ROPER: Correct. And then, you know,
depending upon what you all decide to do on the
political end, then we could discuss in the future
whether you wish to file a writ of mandamus.
COUNCIL MEMBER SMITH: Writ of mandamus.
COUNCIL MEMBER RADZICK: So when you talk
about the political part, is that something that --
again, we already started that in January. Is it
just a matter of just continuing that, or is there
some sort of ascribed format that we need to
follow?
MR. ROPER: It's probably something that we
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should discuss separately, outside of this meeting.
COUNCIL MEMBER RADZICK: And when can we do
that?
MR. ROPER: At your convenience.
COUNCIL MEMBER RADZICK: Via separate phone
calls or as a group?
MR. ROPER: Sure. Separate phone calls would
be fine.
COUNCIL MEMBER RADZICK: All right.
MAYOR ROSARIO: So I'll be contacting you on
this matter as well, right?
MR. ROPER: Yeah. I've had a chat with you
about that. I can't talk with you about your case.
MAYOR ROSARIO: I'm done. Forget about my
case. We're not going to discuss my case. We're
going to discuss this matter, about the process in
going forward with the council.
COUNCIL MEMBER SMITH: What do you need from
us now? Anything else? Are we good? Do we have
to do an oral consensuses? Do we need to make
any -- I mean, I know you want to get it settled as
fast -- Dina said the same thing. It just seems
like we're all in agreement that we'd like to
take -- bring this to closure as soon as we could
through the courts, if possible, and you're going
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to --
MR. ROPER: Yeah. And let me just back track
a little bit on that last point in terms of
conversations. It probably is more -- since I'm
retained for this litigation, it probably is more
appropriate for Anita to advise you on the
political aspect of it rather than me, because I'd
like to keep my role and my scope limited to the
litigation.
COUNCIL MEMBER SMITH: Case at hand here.
MR, ROPER: I don't want to go beyond that
scope, if that's --
MAYOR ROSARIO: Thank you. I was just going
to go there too.
COUNCIL MEMBER SMITH: So everything will come
back to you --
MS. GERACI-CARVER: Yes.
COUNCIL MEMBER SMITH: -- and then you'll
coordinate with the external attorneys to the
extent that you need to?
MS. GERACI-CARVER: Correct.
COUNCIL MEMBER SMITH: I'm good.
MR. ROPER: So I mean, think I have the
direction in terms of how we should proceed, if
that's the consensus, it gives me idea how to
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proceed. get the litigation budget. And I'll
wait to hear from after you've gotten the
litigation budget, to make sure that's acceptable
for me to proceed.
COUNCIL MEMBER SMITH: And that we can do in
some public --
COUNCIL MEMBER RADZICK: But we're still
looking at outside the six months?
MR. ROPER: Correct.
COUNCIL MEMBER SMITH: We can do that as an
agenda item, Anita; is that correct? That would be
as an agenda item in the future?
MS. GERACI-CARVER: Yes.
COUNCIL MEMBER SMITH: Okay.
MS. GERACI-CARVER: That would come before
COUNCIL MEMBER SMITH: So it goes back to us,
coming back to the public and saying, here's what
it's going to cost.
MAYOR ROSARIO: That is fine.
COUNCIL MEMBER SMITH: No, I know you would
like to do that, so I just wanted to make sure. So
we're good.
MAYOR ROSARIO: That's fine.
MS. GERACI-CARVER: If that's all then, we
will close the closed session meeting and reopen
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the public meeting. And there would be no other
items on the agenda, the meeting is adjourned.
MAYOR ROSARIO: Thank you.
COUNCIL MEMBER SMITH: Thank you, sir.
(The proceedings concluded at 7:51 p.m.)
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I, MARY SAMUEL, Registered Professional
Reporter and Notary Public, certify that I was
authorized to and did stenographically report the
foregoing proceedings and that the transcript is a true
and complete record of my stenographic notes.
CERTIFICATE
STATE OF FLORIDA
COUNTY OF LAKE
DATED this 15th day of January 2018.
MARY SAM[ L, RPR
Notary Public - State of Florida
My Commission No. FF90180
Expires: July 21, 2019
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IN THE. CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR LAKE COUNTY, FLORIDA
GLEN C. WILSON,
Plaintiff/Petitioner,
-vs- CASE NO.: 2017-CA-000010
CITY OF GROVELAND, FLORIDA and GEORGE ROSARIO,
Defendants/Respondents,
GROVELAND SHADE MEETING ATTORNEY/CLIENT
HELD BEFORE CITY OF GROVELAND CITY COUNCIL:
KAREN McMICAN, VICE-MAYOR DINA SWEATT, COUNCILMEMBER MIKE RADZIK, COUNCILMEMBER
January 23, 2017 5:33 P.M. - 6:33 P.M.
E.L. Puryear Building 243 South Lake Avenue Groveland, Florida
Reported By: Evelyn Andrews, RPR, RMR Notary Public, State of Florida
JASKO COURT REPORTING SERVICES, INC. 352-250-7345
APPX-000187
APPEARANCES:
ANITA GERACI-CARVER, ESQUIRE LAW OFFICE OF ANITA R. GERACI-CARVER, PA 1560 Bloxam. Avenue Clermont, Florida 34711
and
MICHAEL ROPER, ESQUIRE BELL & ROPER, P.A. 2707 East Jefferson Street Orlando, Florida 32803
On Behalf of the City of Groveland
ALSO PRESENT:
RODNEY LUCAS, INTERIM CITY MANAGER
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TRANSCRIPT OF PROCEEDINGS
VICE-MAYOR McMICAN: Okay. We're going to open
up the public meeting. It's 5:33.
MS. GERACI-CARVER: Would you like me to do
roll call?
VICE-MAYOR McMICAN: Okay.
MS. GERACI-CARVER: Vice-Mayor Karen McMican,
VICE-MAYOR McMICAN: Here.
MS. GERACI-CARVER: Councilmember John Griffin
is absent.
Councilmember Mike Radzik,
COUNCILMEMBER RADZIK: Here.
MS. GERACI-CARVERa Councilmember Dina Sweatt
COUNCILMEMBER SWEATT: Here.
MS. GERACI-CARVER: interim City Manager Rodney
Lucas.
MR. LUCAS: Here.
MS. GSRACI-CARVER: And Special Counsel Mike
Roper.
MR. ROPER: Present.
VICE-MAYOR McMICAN: Okay. We have a quorum.
We're going to now close the public meeting and
we're going to open up the shade meeting. It's
6:34,
COUNCILMEMBER SWEATT: 534.
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VICE-MAYOR McMICAN: I'm sorry, 5:34. And we
are going to ask our little -• excuse me,
UNIDENTIFIED VOICE: We'll see you in a bit.,
VICE-MAYOR McMICAN: Thank you,
UNIDENTIFIED VOICE: Thank you.
(WHEREUPON, the public exited the proceedings.)
MR. ROPER: I think the other thing we're
supposed to do is make an estimate while we're still
in the public as to how long we anticipate that we
will be in closed session. And Anita and I
discussed it and we think approximately an hour or
so,
COUNCILMEMBER SWEATT: Okay,
VICE-MAYOR McMICAN: And so now I'm going to
turn it over to you, sir.
MR. ROPER: Okay. Great. First of all, thank
you all for convening on short notice to discuss
this matter.
Anita and I had discussed the litigation and
the need for this meeting. And so to, first of all,
inform you as to the status of the case, and also to
answer any questions that you-all might have, get
some guidance and direction from you with respect to
the case itself,
We are, of course, in this matter limited to
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discussing litigation strategy and litigation
expenses. So I think we need to try and keep -
make sure that we stay within the framework of that
mandate under the statute.
I guess maybe - and y all can stop me and ask
questions if you want, but I think perhaps the first
thing I should do is just sort of let you know kind
of where we are in the litigation, because I think
there's been a lot of uncertainty or misinformation
about exactly what the case involved.
Basically, you know, the original Complaint
that was filed by Mr. Wilson only named the City of
Groveland as the Defendant. And that was a
two-count Complaint. The first count sought
mandamus, which is, basically it's a specific cause
of action that is brought to require a governmental
official to perform a nondiscretionary ministerial
action when they refuse to do so. So that was the
first claim.
The second claim that was alleged in the
original Complaint was a claim for seeking a
temporary injunction against the City prohibiting
the City from, or enjoining the City, more
particularly, from recognizing Mr. Rosario as the
mayor or a councilmember.
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So that was the original Complaint that was
filed against the City only. That Complaint was
filed on January the 4th. And then with very
expedited notice, or little or no notice at all to
the City, was set for a hearing in front of Judge
Briggs.
At that hearing Judge Briggs entered what's
called an. alternative writ of mandamus, and gave the
City 20 days, which is tomorrow, to respond to the
alternative writ of mandamus. And essentially based
upon that response the judge will do one of two
things. The judge will either determine that the
City has not made a sufficient showing that the
mandamus shouldn't be issued, and he will issue a
writ of mandamus, which will compel the City,
through its counsel, to take certain action; or he
will make the finding that the City has made
suffiCient showing that the mandamus should not be
issued, and at which point he will schedule an
evidentiary hearing to hear further argument before
he makes his decision.
So, the response is due to tomorrow, the 24th.
And we are prepared. to move forward with filing that
response. And I'm prepared to discuss with you what
our proposed response will be and inform you in
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terms of what we intend to do in that regard.
With respect to the injunction, the temporary
injunction -- at that January 4th meeting a
temporary injunction was also issued- And that 's
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the order and the injunction that prohibits the City
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from recognizing Mr. Rosario as the mayor or the
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councilmember.
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The plan of attack from. our perspective is,
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tomorrow, in addition to responding to the mandamus,
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we're going to respond to the temporary injunction
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and move to dissolve the temporary injunction which
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has been issued.
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The court is required to schedule a hearing
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within five days of us filing that response to
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determine whether or not the injunction will become
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permanent or whether he will dissolve the temporary
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injunction.
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So, I anticipate sometime and the rule is a
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little bit unclear, it doesn't say five business
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days, but that's the way I interpret it. So I would
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think within on or about before next Tuesday,
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the 31st of January, we will have a hearing with
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Judge Briggs on the injunction.
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Subsequent -- so, that Complaint was filed.
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That was served on the City. The City's time frame
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is running.
Subsequently the Plaintiff then filed an
Amended Complaint, did not seek leave of court
before filing the Amended Complaint, nor was he
required to seek leave of court, because you have
the ability to amend your pleadings before a
response is filed by the Defendant.
So they filed an Amended Complaint.
Essentially the counts against the City are the
same. They're identical, Counts One and Two.
However, in the Amended Complaint Mr. Rosario
has been added as a party Defendant. And there are
two counts that are asserted against Mr. Rosario.
The first one, Count Three of the Amended Complaint
is a complaint or a count for injunctive relief
seeking to have the same sort of injunctive relief
issued by the court against Mr. Rosario,
And then the last count is a count for -- it's
quo warranto, 0-U-0, warranto. And it's a specific
legal action that is brought to determine an elected
official's right or authority to hold office. And
that is, that, as I read the Amended Complaint,
although it is not a model of clarity, as I read it,
that count is directed only to Mr. Rosario. So
that's where we stand currently with respect to that
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pleading.
That pleading has not yet been served upon
Mr. Rosario. So technically there are no deadlines
running as to Mr. Rosario at this point in time. It
would have to be formally served on him or he would
have to accept service of process and then that
would trigger the same time frames that are running
or have run now with respect to the City.
Mr. Rosario has his own counsel that has been
appointed for him by the City's insurer. My
understanding is that pursuant to the contract,
Mr. Rosario is deemed to be a covered party within
the contemplation of that agreement, and, therefore,
he has been hired counsel and his counsel is in the
process of coordinating his defense; but that's not
being handled by my firm or my office.
So, with respect to - so that's sort of where
we are with respect to the pleadings.
As far as the proposed response, which I am
contemplating filing on behalf of the City tomorrow,
there really are -- the response I anticipate is
going to focus Primarily upon what we believe are
technical procedural deficits in the way this
lawsuit has been brought and the causes of action
that have been have been alleged. I'm going to
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discuss those separately first as it relates to the
writ of mandamus, and then. secondly as it relates to
the temporary injunction.
Firt, first argument we are going to raise on
behalf of the City in response to the writ of
mandamus is that the remedy or the action for
mandamus is an improper cause of action under the
facts and circumstances in this particular case.
The argument will he, and the case law that we will
cite will stand for the proposition that the
appropriate cause of action is an action for quo
warranto. Mandamus is not appropriate,
In fact, the cases talk about the fact that
when you're challenging a person's right or ability
to hold an office, a cause of action for quo
warranto is the exclusive remedy, and, therefore,
the argument would be made that this is
inappropriate.
think, candidly I think that Plaintiff's
counsel recognized, after the filing of the original
Complaint, he recognized that perhaps the
appropriate claim was not mandamus and it was quo
warranto, and that's perhaps why they amended the
pleading to include a claim of quo warranto against
Mr. Rosario. So I think that that argument 1 think
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is an appropriate argument under the
circumstances.
3 The second argument that we intend to raise is
that mandamus is only appropriate where there is a
clear, undisputed, ministerial obligation that is
sought to be imposed upon the entity or the
individual who is being the subject of the mandamus.
In this case the claim for the mandamus is that
the City Council had an obligation, a ministerial
10 obligation to declare that Mr. Rosario had forfeited
11 his office by virtue of the fact that he had been
12 convicted of a felony in the State of Pennsylvania.
13 And if you read the claim for mandamus, that
14 claim is based in part. on -- actually not in part,
15 almost in its entirety on the City's Charter,
16 Section 3.06 of the City's Charter which deals with
17 vacancies and forfeitures of office.
18 And I have a copy I have copies, extra
19 copies in case you-all don't have this handy, but I
20 do have extra copies for you here that might help as
21 we follow along. But just for the record, I'm
22 referring to just an excerpt from Section 3.06 of
23 the City's Charter dealing with vacancies.
24 forfeiture of office, and filling the vacancy.
25 COUNCILMEMBER RADZIK: I've already got it.
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MR. ROPER: Okay.
COUNCILMEMBER RADZIK: I printed it off
today.
MR. ROPER: But if you read the Plaintiff's
the allegations in the writ of mandamus,
essentially, as you'll see under Section 3,06,
there are two pertinent provisions. There's the
Section A, which is entitled vacancies, and
Section B, which is entitled forfeiture of office,
What Plaintiff has alleged in the Complaint is
that essentially he's combined those two Sections A
and B, and he's alleged that since Mr. Rosario
lacked the qualifications for his office, that
the City had an obligation, a ministerial
obligation to declare that he has forfeited his
office. Okay.
I'm not certain that that is the appropriate
reading of that'provision. And I think that
provision -- those provisions can be read much more
narrowly, and I think this is an argument that would
be appropriate to raise in this litigation on behalf
of the City; because if you look, Subsection B is
actually the only section of the Charter which
actually deals with the forfeiture of office. And
the only obligation that's imposed in Subsection B
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is upon the councilmember himself or herself to
declare that their office to be forfeit.
Subsection A deals with vacancies and the
obligations of the Council in the event of a
vacancy. I will -- I don't think this is worded
as clearly as it could have been, because I agree
that there -- it can be interpreted differently.
But I think in this particular case the qualifier
and how this section should be read is to be read
with a focus upon the word his, his as being the
qualifier for each one of those events of default or
forfeiture.
So if you read it, I'm,going to read it with
that inflection. And it is: The office of the
councilmember shall become vacant upon his death,
his resignation, his removal from office or a
manner authorized by law, or his forfeiture of his
office. Okay. And I think that's a reasonable
interpretation of those particular provisions and
how they're read together.
So, the way that I read that is, WS a
two-step process, essentially. The first step is is
the councilmember has an obligation to declare the
position of forfeit. And upon them doing that, the
City then recognizes that forfeiture and moves
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forward with filling the vacancy.
In addition to that interpretation that I just
outlined for you, the reason I read that that way as
well is, if you go back to what I talked about
earlier, and that is, the case law is clear that an
action of quo warranto is the exclusive remedy to
determine a person's right to hold office.
And so, therefore, my interpretation is if, if
the Council as a whole, a councilmember's wish to
have an individual removed from office and that
individual refused to resign their position, refused
to forfeit their position, the remedy that would be
available to the City of the City Council would be
to file an action of quo warranto to have the judge
declare that person removed.
Yes, sir.
COUNCILMEMBER RADZIK: I got a serious concern
with what you're saying there by virtue of I missed
four consecutive regular scheduled meetings. And
now what you're telling me or suggesting is is that
I got to go to court, or the Council has to go to
court to have me removed.
No way. That's the City Council's
determination if we've missed.
What you want us to do or what you're
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suggesting is to go to court every single time that
we have a problem with someone who may have moved
out of their district. They've become they're
not qualified.
If I move out of Lexington Village and I move
up near Ms. McMican I'm no longer qualified to hold
my seat.
And what you're suggesting is is that we need
to go to court to have that overturned versus the
Council having that ability?
VICE-MAYOR McMICAN: I think what he's saying
is, this is not written correctly.
COUNCILMEMBER RADZIK: It's the way that you
want to --
VICE-MAYOR McMICAN: To interpret it.
COUNCILMEMBER RADZIK: interpret it.
Now, I looked at Oviedo today. I looked at
Oviedo today, and one thing that's missing from
Oviedo -- one thing that's missing from Groveland is
it starts off with vacancies and being the right or
the responsibility of the four remaining members,
The fact that George wasn't qualified to begin
with and the fact that he had an opportunity to
resign on December the 21st when I put him on notice
that he was in a position and didn't have a pardon,
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1 all those got to be taken into consideration when
you talk about whether or not he had, you know, the
ability to get up and say, I'm a convicted felon.
I'm going to forfeit my seat.
Who's going to get up and say something along
those lines?
So I believe that we are the determining
factors as to whether or not a forfeiture occurs or
not:
10 MR. ROPER: T think that your interpretation of
11 that is completely reasonable and I agree that it is
12 subject to two separate interpretations. I don't
13 think this -- I wish this first sentence was worded
14 a little bit more clearly
15 What I'm suggesting to you is that there is an
16 argument to be made here that mandamus is not
17 appropriate in this instance because the City isn't
18 being asked to discharge a ministerial duty under
19 these circumstances, and, therefore, mandamus is not
20 appropriate.
21 COUNCILMEMBER RADZIK: So what is a minis
22 I can't pronounce the word. What does that mean?
23 MR. ROPER: Essentially an obligation where
24 there is no discretion, or no discretion involved.
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It's just a clear-cut, you got to do this. That's a
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ministerial duty. You know, if the person qualifies
under these items of the permit, you got to issue
them the permit. That's what that means.
COUNCILMEMBER RAMIK: So Florida State Statute
says that you're not allowed to hold a position, an
elected position if you're a convicted felon unless
you have done A, B, C, and D. That hasn't happened,
So, what you're suggesting is is that we don't
have that clear-cut ability to basically say, when I
put my right hand up and said that I'm going to
uphold the constitution in the State of Florida that
I'm not allowed to go ahead and discharge that duty
now?
MR. ROPER: My interpretation is that a writ of
quo warranto -- easy for me to say -- a writ of quo
warrant° would be the appropriate remedy to pursue
under those circumstances.
I don't believe, my interpretation, my
understanding of the case law, I don't believe that
under this Charter and under the circumstances
involved here that the Council has the ability to
remove a councilmember if that person does not
forfeit their office.
And I think if the decision is made by the
majority of the members that, in fact, he should
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be -- he or she should be forfeiting their office,
then the step is to authorize the City Attorney to
file a writ of quo warranto, or apply to the
Attorney General for removal, or the governor for
removal.
VICE-MAYOR McMICAN: That's how I felt, so.
MR. ROPER: So that's the argument that I
proposed that we make, and I think it would be in
the interest of the City in that regard.
VICE-MAYOR McMICAN: And it may be exactly
that, Mike; but I just -- I just didn't feel that we
had enough information to go forward.
COUNCILMEMBER RADZIK: I don't agree that we
should be abdicating our responsibilities and to
give it to a court. We're going to set a precedent
with regards to any time any councilmember doesn't
show up for four consecutive regular meetings or
anything else along those lines.
Basically, what you're doing to -- what you're
going to do is set a precedent that someone
they're to go to court, we're going to have to go to
court to have that person removed, and that's not
what
VICE-MAYOR McMICAN: Maybe we need to change
our Charter then.
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COUNCILMEMBER RADZIK: -- the spirit is.
VICE-MAYOR McMICAN: Maybe it doesn't read
correctly.
COUNCILMEMBER RADZIK And the Charter can
be interpreted any way that anyone wants to see
it,
Me, I think we're taking away what little
opportunities we have to remedy a situation
ourselves. We should never be in this position to
begin with. The facts were clear from the beginning
that he was a felon, that he didn't apply for
pardon, and you-all decided to table a meeting,
never got the direction from, or gave Anita
direction or anyone else as to what we needed to
come back and discuss.
So we're abdicating our responsibilities
because no one wanted to step up and do what was
right, and that's the fact. You had it in front of
you, the same information I had. No pardon was
granted or applied for in Philadelphia, and
Mr. Rosario said so himself. Nothing on file.
That's because he didn't apply.
Same thing here. You've abdicated your
responsibility. You're costing us money in a
$2500.00 deductible and I don't agree with it.
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Simple as that.
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VICE-MAYOR McMICAN: Well, I don't
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COUNCILMEMBER RADZIK: And now so -- can we
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call a special meeting ahead of this and do what we
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are supposed to do, or are we going to have to be
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compelled to do so?
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MR. ROPER: Well, right now the matter is in
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front of the court for the issuance of the
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injunction. I mean, there's an injunction right now
10. prohibiting the City from considering Mr. Rosario
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either a mayor or recognizing his rights as a mayor
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or a councilmember, so.
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COUNCILMEMBER RADZIK: So because there's an
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injunction it's prohibiting us from recognizing him
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and it still .stops us from having a special meeting
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with which to go ahead and remove him based on what
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we know?
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MR. ROPER: You know, I might have to defer to
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Anita on that; but, I mean, I don't -- I don't think
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the injunction would prohibit that. I mean, it just
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prohibits you from recognizing him as the mayor or
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the councilmember. So.
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VICE-MAYOR McMICAN: Why don't you let the
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judge decide?
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COUNCILMEMBER RADZIK: Because we need a speedy
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resolution, Ms. McMican.
VICE-MAYOR McMICAN: Why?
COUNCILMEMBER RADZIK: We've lost the ability
to get real estate annexed into the City.
I talked to Mr. Rich myself. They don't want
to do anything until this is resolved. The longer
this goes on, the less movement we've got to move
forward.
I'm not sure -- if you talk you can call
Wayne yourself and ask him. I'd asked him. They
flat out said, given the political climate, we don't
feel comfortable coming into the City at this point.
How much longer are we going to prolong this?
We are damaging the City. We're damaging the
reputation of the City.
VICE-MAYOR McMICAN: I don't think it's our
I don't think it's for us to decide on someone's
fate. I think it's the governor or the judge.
COUNCILMEMBER RADZIK: You know what, we do so
every single day. We sit here and we establish a
5.6 mileage rate. That is determining people's
fate. That's determining people's pocketbook. We
make decisions every single Council meeting that
affects someone out there. So the fact that you're
not comfortable deciding about Mr. Rosario's fate --
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VICE-MAYOR McMICAN Or anybody.
COUNCILMEMBER RADZIK: but you're okay to
recognize, you know, not doing something against
Mr. Wilson and settling this. You are making
decisions every single meetinga This just happens
to be about another councilmember.
MR. ROPER: But with all due respect,
Mr. Radzik, I just think that because of the fact
that it does involve another elected official and
the electoral process that there perhaps are some
different concerns here. And I don't know that it's
going to ultimately move things along quicker,
because I think, you know, it'll be a separate
action filed for an injunction or, you know, we'll
be in the same -- I think ultimately the judge is
going to have to make a decision in this case one
way or the other. It's just a framework under which
the judge makes the decision.
And, really, I think what I'm suggesting here
is, I personally believe that the City is
improperly, unfairly a party to this litigation.
This really, at the end of the day, boils down
to a dispute between Mr. Wilson and Mr. Rosario as
to Mr. Rosario's ability to hold office. And that's
really where I mean, now with the Amended
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Complaint, that's really where this thing is going
and should go and should have gone from day one.
It shouldn't -- the City should never even have
been brought into this matter in the first place.
It should have been an action for quo warranto
and/or temporary injunction against Mx. Rosario, and
that's the way it should. have been filed.
But, you know, it is what it is. That was
filed this way. I think that they've realized that
it may be improper to have done it this way.
Let me just briefly address the injunction.
mean, there isn't a whole lot different with respect
to the injunction, but, you know, as you all know,
one of the required elements for an injunction claim
is for the Plaintiff to be able to establish or
allege that they have no other adequate remedy at
law_ We've just talked for several minutes about
what the appropriate remedy at law would be. It
would be an action for quo warranto.
But more importantly, there's a body of case
law out there that is very, very strong in the sense
of, that injunctive relief is inappropriate when the
court is going to have to involve itself in
political matters. And this is kind of what I was
talking about earlier, and the fast that it
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involves, you know, an election and politics in that
regard,
And basically what the cases say is, you know,
4
if it involves political matters, including the
ability and the right to hold office, it's really
not appropriate for injunctive relief and the court
shouldn't be interjecting itself into it if it's an
injunction. It just needs to be decided under quo
warranto. So that's really what I think is the
appropriate action or response here.
So, those would be the proposed responses. I
said they're primarily technical, legal defenses as
opposed to defenses addressed to the merits of the
claim in terms' of Mr. Rosario's ability, because,
frankly, I don't see that as the City's role to make
that argument4 I see that as the elected official's
obligation, both under the Charter and under the
law, as I understand it, to be the one to make the
showing that he or she is entitled to the position.
And I think it puts other elected officials in an
awkward position to be asked to make those types of
decisions, and I think the law recognizes that_
So those are my suggestions, you know, that we
move forward with filing of the Motion to Dismiss
and Quash, essentially raise these procedural
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deficits in the pleadings, and, you know, have --
direct their attention to Mr. Rosario. He has
counsel. He's been fully represented. And he and
his counsel could make all those arguments in terms
of the merits of the case and have the judge issue a
ruling on it, and that's really where we should have
been from day one.
COUNCILMEMBER RADZIK: Again, I think the
biggest concern that I've got, if I'm understanding
this, the quo warranto, is that you're looking to
have a judge tell us what we can or cannot do as a
Council. And, again, I'm concerned that if we have
someone that clearly has missed -- and, again, I
keep on using the easiest of the examples.
MR. ROPER: Sure.
COUNCILMEMBER RADZIK: I could just as easily
say I'm moving up to Trilogy where Ms. McMican is
already representing us. 'Cause either one of those
cases, you know, it's a no-brainer someone forfeits
their office when they die. I don't think they're
going to get up and say, by the way, I'm dead, I
forfeit my office. That's the way that I interpret
this, is that you want someone to get up and say I'm
forfeiting my office because I'm dead. That doesn't
make sense to me.
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MR. ROPER: No, no, no. That's not the way I'm
2
reading that. I mean, it upon -- the vacancy
3
occurs --
4
COUNCILMEMBER RADZIK: Upon his death.
5
MR. ROPER: upon his death, his resignation
6 or his forfeiture of his office. So, I mean, that'S
how I read that.
8
Once again, I agree. I understand your
9
interpretation. I think it's a perfectly reasonable
10
interpretation.
11
COUNCILMEMBER RADZIK: But the big issue,
12
again, is to give -- is to take away our right r-
13
and forget about -- forget about the major portion
14
of this, because I know we're talking about it, but
15
you're also talking about setting an example for the
16
future. And the example that you're saying is is
17
this body of Council will not have the opportunity
18
to remove someone when they're no longer allowed to
19
serve for various different reasons. And what
20
you're suggesting is is that we need to go to court
21
and get a quo warranto every single time if this
22
should happen, of course, to get that.
23
And I don't agree that your actions will take
24
that away from us. It's going to just increase the
25
amount of money that lawyers are getting, and for
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what? This is -- this is a duty of the Council when
there is a forfeiture because of specific cases
here. And that's what I'm concerned about your
response is going to cause.
MR. ROPER: I understand your concern about the
precedential nature of making that argument. I
understand that and that's a concern that share as
well.
guess what I'm saying to you is, I don't
think you have that right to do that now, based upon
my interpretation of the Charter and the case law.
I think that in order for this body to have someone
removed that they refuse to forfeit their office, it
would take filing of a writ of quo warrant°.
COUNCILMEMBER RADZIK: And, Ms. Geraci-Carver,
what is your interpretation?
MS. GERACI-CARVER: I have not read the case
law on the quo warranto, so I can't comment on that
provision.
You know my interpretation. My interpretation
as I presented it to Council was that it *s not a
two-step process, that my reading of the forfeiture
in Subsection B is that it's an automatic. So when
the councilmember wasn't qualified, that
automatically they forfeit their position. It's not
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that they have to take a step. And so, you know, my
2
interpretation was Council had that authority.
3
But I recognize that Mike has a different
4
interpretation and I don't think it's necessarily
5
incorrect. I think it's the Charter can be read
6
different ways.
7
COUNCILMEMEER RADZIK: So if we decide to do
8
absolutely nothing, we're putting the onus still on
9
a judge to make a decision based on what he has in
10
front of him right now,
11
VICE-MAYOR McMICAN: Well, maybe he'll have the
12
facts. Either way
13
COUNCILMEMBER RADZIK: I mean, but what facts
14
. is he going to have? I mean, you know, We should
15
not be clarifying anything that the judge has
16
already, you know, has got a ruling on. I mean,
17
what -- if we don't do anything and we say, no
18
response, what happens tomorrow?
19
MR. ROPER: Well, if we don't respond, then
20
there would be an alternative writ that would be
21
entered. Excuse me, the writ of mandamus would be
22
entered, and that would and here's another
23
problem with the way this is worded.
24
The procedure is, if we do not respond
25
tomorrow, the court will issue a writ of mandamus
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mandating the City immediately declare a forfeiture
of George Rosario's office. So that would require
the Council to take a vote to forfeit his office.
COUNCILMEMBER RADZIK: Which is the way that
some of us are interpreting the Charter to read.
So, in other words, the judge is going to compel us
to do what our Charter is telling us we should be
doing.
MR. ROPER: Well, the judge is going to compel
you to do -- now, one of the problems I have with
this writ of mandamus is it doesn't: describe exactly
how that's supposed to occur and the mechanism by
which the court wishes it to occur and what will
happen if there are dissenting views in terms of
whether or not that should occur.
So, you know, I think that the court's issuance
of the mandamus needs to be clarified in terms of
exactly what procedure the court would'anticipate
the City having to follow.
And that, once again, you know, it sort of
brings me back to the sort of underlying crux of
what I said; and that is, I don't believe at the end
of the day this is a fight between Mr. Wilson and
the City. It's more appropriately a fight between
Mr. Wilson and Mr. Rosario. And I think that
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that's -- overall that should be the gist of the
City's response.
COUNCILNEMBER RADZIK: And I'm thinking this is
a result of the Council not doing what we should
have done on January the 3rd. We would have made
the decision on January the 3rd to follow our
Charter, honor our sworn right or responsibilities
to uphold the state statutes, we wouldn't be here,
because the state statute says.there are things
I don't know if you looked at, I think it's called
Manzati (phonetic) case down in South Florida. Here
is a gentleman who mirrors what's going on here in
Groveland. He was convicted, but I think it may
have been marijuana, but it was a drug conviction.
He didn't have the right to vote -- I'm sorry,
didn't have the right to hold office in
Philadelphia, came down here, got elected. He got
thrown out. He went before a pardon board, got a
pardon and ran. This has so much the same as what
we're talking about.
I'm not disputing that George can sit there and
get a pardon. He just didn't do it. And therefore,
that's why I'm so adamant about our constitution and
our state statute. It's worked. It's happened.
Same exact cases. And that's where I'm concerned is
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that this is what we should have done.
MR. ROPER: Well, I don't dispute that if a
different vote had been taken you wouldn't be here,
but you might be here in a different litigation
instituted by Mr. Rosario as opposed to Mr. Wilson.
So I don't know that --
COUNCILMEMBER RADZIK! Better for that to
happen.
MR. ROPER: Either way, it may have been one or
the other.
COUNCILMEMBER RADZIK: Put the onus on him to
sue us.
MR. ROPER: But so that, you know, listen, I
just have to deal with the way the posture of the
case at this point in time and the way it's
presented to us at this point in time. And, you
know, that's my suggestion, that my
recommendation.
And, you know, if there's concern about the,
you know, waiver, a future waiver or setting
precedent with respect to how this is handled in the
future, you know, we can certainly eliminate that
argument. We still have the argument that the
mandamus is inappropriate for the •other reasons that
I've mentioned; but, you know, that is an argument
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that we would have to consider, you know, not
making.
COUNCILMEMBER RADZIK: How can you frame what
you're asking us to consider that protects us
against some of these other issues that we brought
up? What can you do to frame it in a way that still
gives this Council the ability to remove someone
that is not allowed to hold seat for reasons that is
in our Charter?
MR. ROPER: Well, that would involve waiving
that one particular argument that I raised. I mean,
there's separate arguments. I mean, there's an
argument that simply that the mandamus is
inappropriate because it should be brought as a
quo warrant°. Okay. That argument stands on its
own.
Then there's a secondary argument that the
mandamus is not appropriate because it's not
compelling the commission to take a ministerial act.
That argument could be waived if, you know, if that
were the preference or the, you know.
COUNCILMEMBER RADZIK: I'm slightly more
accepting of that one, because, again, this is, to
me, a couple different issues. George is, one way
or another, you know, he's not going to hold office,
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whether it's tomorrow, whether it's five days from
now, whatever.
3
The other part is the effect of your argument
on the future- That is my -- the bigger concern, to
me.
MR, ROPER: And I understand that concern.
do And I'm aware of it and sensitive to that
8
concern.
COUNCILMEMBER RADZIK: Do we have any other
10
options?
11
VICE-MAYOR McMICAN: I just think you need to
12 do what's best for the City at this point since it's
13 Wilson versus the City, and you're responding to
14 that part of it, not necessarily what we think about
15 Mr. Rosario_
16 I think we're getting convoluted there with the
17 fact that there may be some of us that don't want
18 Mr. Rosario back in that position.
19 I don't -- I don't -- I don't care either way.
20 I'm not here to judge the man. I think -- that's
21 why I think that it needs to be decided with the
22 courts and not the Council.
23 And that's how I felt when Anita brought it to
24
us that night. I didn't feel we had enough
25 information to -- without hearing more in the future
34
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1
and that's why I asked for it to be tabled, because
2
it was during the holidays. It was our first
3 meeting back from the holidays, and all of a sudden
4
we're trying to remove this man from his office.
5
It's like we just needed more information. We
6
needed to know if all this stuff that we got was,
7
you know -- not that it wasn't real.
8
I'm sure it was all real and everything, but
9
then I heard that, you know, Pennsylvania, they
10
automatically have their rights, you know, given
11
back. There are 13 states that have their rights
12
given back automatically. You don't have to ask for
13
a pardon. So there's too much confusion on what
14
was true and what is false. And was he pardoned?
15
Did he have to get a different pardon here? I
16
don't know in the State of Florida. It happened
17
there.
18
So there was just too much for me to decide on,
19
so I just felt it's either the judge or the governor
not responding. I mean, I really wouldn't. T mean,
I think, you know, I think it would be most
appropriate to raise these arguments. The judge can
10
address them. He can make his decision. And then,
11
you know, we can decide how best to proceed from
12
that point.
13
VICE-MAYOR McMICAN: I agree.
14
Dina, did you have anything to ask?
15
COUNCILMEMBER SWEATT: In reading all of the
16
paperwork that we received on George --
17
VICE-MAYOR McMICAN: But this isn't about
18
George.
19
COUNCILMEMBER SWEATT: I know. I know.
20
On the 13 different states you were talking
21
about their rights were restored, only their voting
22
rights were restored, nothing else. But in the end,
23
in the end when this is all said and done, no matter
24
which way we go, will he be mayor?
25
MR. ROPER: I cannot answer that question,
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because I don't know the answer to that question.
That's what the judge has got to decide, You
know, that's really, at the end of the day, the
judge is going to ultimately decide whether he
is -- he has qualifications to serve as mayor and
Councilman.
COUNCILMEMBER SWEATT: And since he has not
received a pardon or anything else from either
state, then they'll look on that as part of the
evidence against him.
MR. ROPER: Absolutely,
COUNCILMEMBER RADZIK: Anita, what's your
feelings?
MS. GERACI-CARVER: I agree with Mike. I
think it's in the City's best interest to respond,
I think he's making the appropriate arguments. He's
basing it on the law that's there. I think it would
be helpful to the City just going forward to try and
reframe that one argument so it's not setting
precedential value that people should point to
should something like this, maybe not exactly, but
something similar happen and the hand ties the City
Council. But, otherwise, I'm in agreement with
Mike's recommendations to you.
COUNCILMEMBER SWEATT: I'm going to have to
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agree.
VICE-MAYOR McMICAN: And I agree, too.
COONCILMEMBER SWEATT: I don't like it, but I'd
rather make sure the City is safe than sorry, should
they say.
MR. ROPER: Okay. All right. Well, there's
no, you know, there's no ability to vote tonight or
anything like that
VICE-MAYOR McMICAN: Right.
MR. ROPER: -- it's really for me to have a
chance to talk with you-all, get your feelings, get
some feedback, get some direction from you in terms
of how you-all would like to see the litigation
handled.
I think I have a good understanding of your
concerns, and, you know, I will put my brain to it
between now and 5:00 o'clock tomorrow.
Actually, I think I have till midnight now,
don't I, under the new rules?
MS. GERACI-CARVER: I think so.
MR. ROPER: Under the new rules as of midnight,
MS. GERACI-CARVER: U--Filing helps.
MR. ROPER: But, yes. But we will get
something filed along those lines that I hope that
will protect the City's interest. We'll try and
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focus the court really where I think the dispute is
and trying to say, Mr. Rosario is now part of this
litigation, here's where this case needs to go,
and —
VICE-MAYOR McMICAN: Right, right.
MR. ROPER: -- not against us.
VICE-MAYOR McMICAN: Right, exactly.
COUNCILMEMBER RADZIK: So we respond. The
judge can accept our response or doesn't have to
accept our response?
MR. ROPER: Correct. He could rule against us,
in which case we have to make another decision.
COUNCILMEMBER RADZIK: So if he rules against
us, at that point we would need to go back and get
the specifics as to how we're supposed to implement
his --
MR. ROPER: Yes_
COUNCILMEMBER RADZIK: -- possible permanent
writ?
MR. ROPER: Correct. Correct. I mean, there
are a couple of scenarios that could play out there.
Number one, you know, he could rule against us and
we might need to seek clarification in terms of how
he wants us to effect that relief.
Theother avenue is is, you know, we do have --
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the City would have an appellate right to the
Fifth DCA to argue some of these same arguments to
the Fifth DCA. That'd be a decision that would have
to be made as well in terms of whether or not that's
5 something that would want to be done.
6 COUNCILMEMBER RADZIK: All the stuff you're
talking about just adds to the three-ring circus
8 that we already have, which is another concern.
COUNCILMEMBER SWEATT: I agree.
10 COUNCILMEMBER RADZIK: That if this gets pushed
11 for another five days and we're going to have media
12 outside wanting to know what's going on with an
13 injunction, and it's just -- and, again, you know,
14 other councilmembers may not know, but it is
15 affecting us with regards to a major project. And I
16 think Ms. Geraci-Carver may be able to say that
17 she's heard the same concerns,
18 MR. ROPER: Right,
19 COUNCILMEMBER RADZIK: I mean, I heard it from
20 someone, you know, a developer who's going to
21 increase the City, you know, to 38,000 people in the
22 next 20 years, And it is stopping us. And it's a
23 huge concern.
24 So, in five days, what you're saying is, an
25 injunction is something that Mr. Wilson's legal
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,..team is going to have to seek that injunction
then. You're looking to have that injunction
thrown out?
MR. ROPER: I am, right. I'm seeking to have
it dissolved. Once again, I'm not arguing that he
might not have grounds for that type of relief
against Mr. Rosario. 1 just think it's improper
against the City.
And, once again, I'm not advocating any of
this. I'm just telling you what the right -- you
know, what the remedies potentially may be, should
you want to pursue them.
COUNCILMEMBER RADZIK: And you're using the
basis of your argument on your interpretation where
we don't have because it's not, to you, clear where
it talks about forfeitures and who has the ability
to do so, is that what it boils down to?
MR. ROPER: That's one argument. That's one of
the arguments. That's not the only argument.
Obviously the other arguments stand on their own;
but that is one argument in terms of arguing,
essentially, that mandamus is improper because this
is not just a simple nondiscretionary ministerial
duty that the Council had, that there is -- that the
.appropriate remedy is 'quo warranto.
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COUNCILMEMBER RADZIK: Nothing makes a
difference. I'm not in agreeance with my two
councilmembers on this one, so. I have too many
concerns, but that's just me.
COUNCILMEMBER SWEATT: If it were up to me, I'd
say don't put anything in there, and then we'd have
to get rid of him but we have to make that
decision.
VICE-MAYOR McMICAN: I'm not making that
decision to get rid of him, though.
COUNCILMEMBER SWFATT: Well, that might not be
your decision, but it can be mine if I want it. But
I'd rather protect the City.
VICE-MAYOR McMICAN: No, no, no. 1 didn't mean
that.
MR, ROPER: But not tonight, yeah, not tonight.
VICE-MAYOR McMICAN: Yeah.
MR. ROPER: Tonight we're just talking about
the parameters of the litigation --
COUNCILMEMBER SWEATT: Right.
VICE-MAYOR McMICAN: Yeah.
MR, ROPER: -- and how we respond.
Okay. So any other questions?
MR. LUCAS: Yes, I have a question. Now, is
there a predesignated time tomorrow that you guys
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are going to court or is it --
MR. ROPER: We're not actually going to court.
It's just a filing. And we were kind of joking,
because in the old days you have to file -- the
court closed at 5:00 o'clock. You had to have it in
by 5:00 p.m. Now you can actually file up until
midnight.
I will not be filing at midnight, believe me,
It will be filed tomorrow; and then that will
trigger the five-day injunction time frame.
MR. LUCAS: Okay,
COUNCILMEMBER RADZIK: And when does the judge
make his ruling?
MR. ROPER: Well, he has to have the injunction
hearing within five days. There's no time limit in
terms of when he has to make his ruling. I would
imagine, though, that -- I mean, this is intended to
be an expedited procedure. So I would imagine --
and Judge Briggs is very definitive --
MS. GERACI-CARVER: Yes,
MR. ROPER: -- so I don't think he will have a
problem ruling.
VICE-MAYOR McMICAN: Okay. Anybody else have
any other questions?
MR. ROPER: Anything else?
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MS. GERACI-CARVER; I don't think so; because
you're not recommending any affirmative pleadings.
MR. ROPER: No, I mean, just in terms of just
the response --
MS. GERACI-CARVER: Right.
MR. ROPER: that we talked about here, in
terms of any -- no, no affirmative claims.
MS. GERACI-CARVER: No affirmative actions.
MR. ROPER: No affirmative claims against
10 Mr. Wilson or anything like that, no, no
11 counterclaims or anything at all along those lines.
12 Just essentially a purely defensive pleading. This
13 is what we think, we think you should be focusing on
14 Mr. Rosario,
15 And, you know, as I said, then he has due
16 process and the ability to present his arguments,
17 VICE-MAYOR McMICAN; Exactly. Let them handle
18 it,
19 MR, ROPER: And then, you know, it's
20 appropriately the way it should be handled, I
21 think.
22 VICE-MAYOR McMICAN: Okay.
23
MR. ROPER: All right, Well, thank you very
24
much. I appreciate it.
25
And, Mr. Radzik, I appreciate your point of
JASKO COURT REPORTING SERVICES, INC. 352-250-7345
APPX-000240
55
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,1271SY4) COURT:. 17?.EPORTT, G JfPV 1:1:F15; 7345 APPX-000241
Eve yip. M Andrews, R.P.R., R.M.R
56
CERTIFICATE OF REPORTER
STATE OF FLORIDA COUNTY OF LAKE
I, EVELYN M. ANDREWS, Registered Professional
Reporter, Registered Merit Reporter, Notary Public, State
of Florida, HEREBY CERTIFY THAT I was authorized to and
did stenographically report the foregoing proceedings;
and that the transcript, pages numbered 3 through 55, is
a true and accurate record of my stenographic notes.
FURTHER CERTIFY that I am not a relative, or
employee, or attorney, or counsel of any of the parties,
nor am I a relative or employee of any of the parties'
attorney or counsel connected with the action, nor am I
financially interested in the action.
DATED this 6th day of February, 2017,
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JASKO COURT REPORTING SERVICES, INC. 352-25077345
1
APPX-000242
PUBLIC NOTICE AND AGENDA OF THE SPECIAL CITY COUNCIL MEETING SCHEDULED TO CONVENE AT 6:30 P.M., WEDNESDAY, JANUARY 10, 2018 IN THE E. L PURYEAR BUILDING LOCATED AT 243 SOUTH LAKE AVENUE, GROVELAND, FL
MAYOR GEORGE ROSARIO VICE MAYOR DINA SWEATT COUNCILMEMBER JOHN GRIFFIN COUNCILMEMBER MIKE RADZIK COUNCILMEMBER DUANE SMITH CITY CLERK VIRGINIA WRIGHT CITY ATTORNEY ANITA GERACI-CARVER, ESQ. INTERIM CITY MANAGER MICHAEL HEIN SERGEANT AT ARMS CHIEF SHAWN RAMSEY
Please note: Most written communication to or from government officials regarding government business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure.
AMENDED AGENDA
Call to Order
Pledge of Allegiance
Roll Call
New Business
1. Consideration of Declaration of Forfeiture of Office of Mayor George Rosario in accordance with Sec. 3.06 (a) & (b) the Charter of the City of Groveland
Adjournment
Groveland Code of Ordinancar Sec. 2-58 O. Any person desiring to address the council shall first secure the permission of the presiding officer and shall give his name and address for the record. All remarks shall be addressed to the council as a body and not to any member thereof unless permission to do so is first granted by the presiding officer. Unless further tune is granted by the presiding officer or the council, members of the public shall limit their discussion or address to no more than five minutes. No question shall be asked a councilmember or city official except through the presiding officer. If your address is exempt from public record you are not required to state it. In addition do not give out your Social Security Number, phone number, email address or any other information you do not want others to have access to as the meetings are recorded and those recordings are considered public record.
Pursuant to the provisions of Chap. 386, FA, Sec. 286.0105, if a person decides to appeal any decision made by this body with respect to any matter considered at this meeting, he or she will need a record of the proceedings, and that for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record may include the testimony and evidence upon which the appeal is to be based and is advised to make such arrangements at his or her own expense.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statute, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk's Office at 352-429-2141 ext. 231 no later than 5:00 p.m. the day preceding the meeting.
APPX-000243
REQUEST FOR CITY COUNCIL CONSIDERATION
ITEM NUMBER:
AGENDA ITEM: Consideration of Declaration of Forfeiture of Office of Mayor George Rosario in accordance with Sec. 3.06 (a) & (b) the Charter of the City of Groveland
CITY GOAL: Establish a sound and sustainable government supported by professionalism, progressive thinking and modernizing the organization.
PREPARED BY: Anita Geraci-Carver, City Attorney
DATE: January 4, 2018
BACKGROUND: On January 2, 2018 the City Council, by majority vote, called for a special meeting for the purpose of considering a declaration of forfeiture of office of Mayor Rosario. A copy of the staff report and documents included in Council's agenda from its Council meeting held January 3, 2017 is attached.
DEPARTMENT REVIEW/STAFF RECOMMENDATIONS
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"74e c7Iii sctftl a future, svalc6 ur qr
APPX-000244
Reviewed By.Clty Manager: Council Action: Motion By: Second By:
wig a (clime, watcl to:9r
APPX-000245
REQUEST FOR CITY COUNCIL CONSIDERATION
MEETING DATE: January 3, 2017
ITEM NUMBER: Clerk will Assign AGENDA ITEM: Declaration of Forfeiture of Office CITY GOAL: Establish a sound and sustainable government supported by
professionalism, progressive thinking and modernizing the organization.
PREPARED BY: Anita Geraci-Carver, City Attorney DATE: December 28, 2016
BACKGROUND: On Friday, December 23, 2016 I received documents showing a person named George L. Rosario was adjudged guilty of two felony counts out of the State of Pennsylvania. The George L. Rosario named in the documents has the same date of birth as Mr. Rosario and the same middle initial. The Arrest Report/Judge —Preliminary Arraignment document lists a social security. Mr. Rosario provided the City an 1-9 Form, as required, which lists a social security number. The first three numbers are identical. The remaining 6 numbers are transposed with the fourth and fifth numbers on the arrest report being listed as the eighth and ninth numbers of the 1-9 Form, and the other numbers shifted. The redacted documents are attached along with a demand letter sent by attorney Derek Schroth to Mr. Rosario demanding he resign his office as mayor, Should Mr. Rosario fail to resign, Mr. Schroth has asked the City Council find that he has forfeited office. A copy of the demand letters are attached. A resignation has not been submitted by Mr. Rosario as of the date of this report.
The Florida Constitution provides that no person convicted of a felony shall be qualified to vote or hold office until restoration of civil rights. Sec. 4(a) in Article VI of the Florida Constitution. The Florida Attorney General's Office has issued opinions which provide this section of the Florida Constitution is applicable to municipal public offices. If Mr. Rosario has not had his civil rights restored, then under the Florida Constitution, he is not qualified to hold office. Additionally, Sec. 3.02 provides qualifications to hold a city council position, one of which is to be a registered elector. In order to be an "elector", a person must be lawfully registered to vote. In Florida, a person convicted of any felony by any court of record and who has not had his/her rights restored pursuant to law is not eligible to register to vote or vote, F.S. 97.041(2) and DE 95-02.
According to information provided by the National Association of Criminal Defense Lawyers, in Pennsylvania, a person convicted of a felony has his/her rights to vote restored in Pennsylvania once released from incarceration. This is automatic without application. However, upon being convicted for a crime punishable by more than 1 year a person loses eligibility to serve on a jury, and upon conviction of any felony loses eligibility to hold public office. In order to have one's civil rights restored to serve on a
"trAe nfrif6 a futtfry, --:hatc6
APPX-000246
jury or hold public office it requires a pardon which must be applied for and granted. A recommendation from the Board of Pardons to the Governor of Pennsylvania is required. A pardon restores all legal disabilities. In order to restore one's privilege to have firearms, which is lost upon conviction of drug offenses, requires application to and approval from a court of law.
Mr. Rosario has been given and still has the opportunity to provide documentation demonstrating that he has had all of his rights restored and therefore, was eligible to seek public office and is eligible to hold office. On December 23, 2016 I recommended that if Mr. Rosario has documentation showing he has had all his civil rights restored he provide a copy to the City and me. As of the date of this staff report no documentation has been provided. On December 26 I responded to an e-mail from Mr. Rosario and asked if he had applied for and been granted clemency. I have not received a response.
An online search was conducted through the website of the Office of Executive Clemency for the State of Florida. Its records reflect that clemency in the State of Florida has not been granted.
On December 28, 2016 I contacted the Board of Pardons in the State of Pennsylvania to inquire as to whether a pardon has been applied for and issued. They could not provide a verbal response. I completed their online form for the information. I received a written response. It states "No one by the name of George Rosario (D.O.B. XX/XX/XX) has ever applied/received a pardon from our office." The date of birth is the same as is listed on the Arrest Report and on Mr. Rosario's 1-9 Form submitted to the City.
Based on the criminal records submitted to the City there are two felony convictions and the lack of documentation demonstrating his civil rights have been restored, Mr. Rosario is ineligible under the Florida Constitution to hold office until such time as all of his civil rights are restored.
The City's Charter provides in Sec. 3.06(b) that a councilmember shall forfeit his office if he lacks at any time during his term of office any qualification for the office prescribed by the Charter or law. Sec. 3.06(a) of the Charter states that an office shall become vacant upon forfeiture of office, such forfeiture declared by the remaining members of council, or vacant upon removal from office or any manner authorized by law.
Based on the information obtained from the Office of Executive Clemency of the State of Florida and the information received from the State of Pennsylvania, there is no documentation to demonstrate that his rights have been restored.
STAFF RECOMMENDATION: Motion to declare Mr. Rosario forfeited his office and that a vacancy exists
REVIEWED BY CITY MANAGER: COUNCIL ACTION:
"The a ligh a future, iw-tc4 APPX-000247
MOTION BY: SECOND BY:
"760 c'' wit% a future, wate4 usir APPX-000248
Anita Geraci
From: Sent: To: Subject: Attachments:
Derek Schroth <[email protected]> Friday, December 23, 2016 9:35 AM Anita Geraci George Rosario's Felony Records GEORGE L ROSARIO.pdf; ATT00001.txt
food Morning Anita:
!lease see attached. Per my below email, please let me know when the City Council will have the meeting to ieclare Mayor Rosario's forfeiture from office.
APPX-000249
PRELIMINARY HEARING OR TR! CONTINUANCE
CRIMINAL TRANSCRIPT PHILADELPHIA MIMICIPAL COURT
Y slivrm MC m 2 0 Psilscs C At LAINT FILED Ey e A Mint or A
COMMENTS
ERNI* u OOEIDA OMMISS
Arro NE ERN NT Das/pAIL coMMLSE • NER COURT CLEAR
ATTY. NO. ADA
CAK"").7•4•Vr ,:OURT CLERK
OATEN
/ 7 P7 ATTORNEY FOR DEFENDANT (Name .4 .464whe
1441,2,161,4400' CVA..4061,A1 PLACE
7ger (waiving) hearing, above defendant is held for Court as follows:. 64mettio of RE111 (afore
*WITHER ACTION CONTINUED TO REASON FOR CONTINUANCE COOS
j
0 BM. Issued 0 B.O.S.O.
AIME
FURTHER Aorta,/ 11
CoNTNIUM, TO LEMON FOR CONTINUANCE CODE
I I
0 S.W. Issued 0 s.o.s.o.
JUOSE
FORME/ ACTION CONTINUED TO REASON FOR CONITALF Awe CODE
I I
0 S.W. Issued 0 8.0.8.0.
JUDOC
PRELIMINARY HEARING DISPOSITION
't is ordered that the charge(s) against the defendant are to be presented DATE to the District Attorney for the preparation of an Information. C-17797
TRIAL DISPOSITION DATE 'KYR PLACE ATTORNEY FOR DEPENDANT
RT CLERK COURT REPORTER PLEA VERDICT
rpitENce
hereby certify that the above is a true and correct Junes DATE
ern and transcript. Witness my hand and Official Seal. 19 (REV. 12/85)
CLERK OF QUARTER SESSIONS
APPX-000250
GEORCIE L. Immo
D.c.#4 87 25 71624
WELONY P/ti MISDEMEANOR TL Drvimunom CASE roa DOM VIOL .4
CPAMINAL COMP ANT. COMMONWEALTH 010.PENNSYLVANIA COMMONWEALTH OP PENNSYLVANIA VS
•••
4 4 4.40
COMMONWEALTH 'c PiNNSYLVANIA PHILADELPMIA COUNTY
X the undersigned, do Hereby state under oath or affirmation:
• (1):My, name i, a )MXC}IA UNTERMOYER, Assistant Distriet Attorney,
(2) I accuse GWORgE L. ROSARIO, who lives at 4920 N • Ormes Street, Phila., Pa vitt& violating the penal laws of Pennsylvania.
(3) The day and date when the aeaused eommitted the offense was on or about, June 8, 1987.
(4) The offends was eommitted in the County of Philadelphia.
narcotics Offioer Kane, #4219 one clear p attendant did deliver to rercover
bag *containing a white chunky (5) The acts committed by the aaeused wer
powder (alleged *cocaine) on the highway o nside 177 W. Alleheny Avenue in return for 81,200.00, in violation of Pa. Penal Laws, Seetlon(s) and Title(s), Delivery Controlled Substance N1330Vt Possession W/I Deliver Controlled SubstOte,N1330F; Knowing and Intentional Possession Controlled Substance N1316M, all of which is against the peace and dignity of the Commonwealth.
(6) I ask that a warrant of arrest or a summons be issued and that the accused he required to answer the charges I have made.
(7) I swear to or affirm the within complaint upon my knowledge, information and belief, and sign on June 8, 1987 before Phila. Municipal Court Judge/Bail Commistioner
named affiant swore or affirmed that the facts est true and correct to the beet of his/her knowledge, signed it in my presence. I believe the within person and that ther p pry, able ea ee for the
SEAL as ng dEari
AIVERs On , I appeared before Judge/Ba Com ssioner ho read the WSW* complaint to me and explained it= eonte to, and"! "gerib aived preliminary hearing and eonsent to be bound over to Court.
''-'f iaii0-11734) At tcA4.'"'.*-
Defendant tfia
' On dune 8, 1981, the above orth in the complaint were nformation and belief, and
agfiant to be A responsible issuance of process.
APPX-000251
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W A 11 EMPLOYER
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mi G, DATE 6 TIME OF ARREST Au
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REMARKS
On liOnditY 6"&'87 ..,t Approx. 1.31.111 Ws d. t'. did .t u11 1 ounce or coottine f.',0 untioroovoxf pollOo for tho aum of VI 20.00 An T1 Tho doff WWI arrontod at 4ho tAmo os.' dolivoryiuul thn buy monoy rotainod by polloo. 13-0 Pluld Tont 0 uhow,d posltvo for Cocaine. GRA):;ti ; n a orm 29.17 ;rum Streot Velno 01*UW.00
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JUDO!-PRELIMINAR* VARRAKINMgNi.'; ,41:. •
APPX-000252
VV. •• t. ,
PHILA. NO. EXTRACT OF., CRIMINAL' 'RECORD
P.S.P.MO. CITY OP PIE‘ADELPH/A
PiDLICE DEPARTMENT
2
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ALIASES °Are OF EOM NAME
RCIRARTP, Clrylitga •
Appeess 4920 Ormea St. 6/87 274$ N. Paiethorpe St • SEX 'MC&
DID N TURE DELIVER, OR POSSESS WITH INTENT TO JVER A CONTROLLED SUBSTANCE CLASSIFIED UNDER
35 P. S. 780'.113 )16 ) 780-113)30) Ali of which is against the Act of Assembly and the peace and dignity of the Commo 1th o Pennsyli nia.
6 2' 30.91A (Rm. 5/81)
WITNESSES
COMMONWEALTH'ON PENNSYLVANIA in the Common Pleas..Court of the County of Philadelphi, COUNTY OPPHILADELPHTA ss.
CRIMINAL SECTION
THE pisTrucr ATTORNEY OF PHILADELPHIA COUNTY BY'THIS INFORMATION CHARGES-. FIRST COUNT -MAT im CPR ABOUT 4Tapp'8, 1987
AmillxwmiemiA_cpway, - •GB0HGE'L.`RolEaRtO
UNLAWFUlANLE T
.LY DV) WI KNOWINGLY AND INTENTIONALLY POSSESS A CONTROLLED
SUBS u T- 000aine SECOND COUNT-THAT ON THE SANE DAY AND YEAR, TN PHILADELPHIA COliNTY,
GZORGE L. ROSARIO FELOL44-MANUFA TO MANUFACTURE OR DELI A NARCOTIC DRUG CLAS
THIRD COO ON THE SAME DAY AND YEAR, IN PHILADELPHIA COUNTY,
R A CUNTR
FELONIOUSLY DID MANUFACTURE DELIVER! OR POSSESS CLASSIFIED? TO MANUFACTURE OR DELIVER A 'CON T ROL LE D SUBSTANCE
UNDER SCHEDULE I, OR III. 00 oaine FOORTII -COUltr-TNAT ON W. SAME DAY AND YEAR r IM PHILADEtPHIA ("MINTY
FELONIOUSLY DID MANUFACTURE, DELIVERI OR PUS ES H INTENT TO MANUFACTURE OR DELIVER A CONTROLLED SUB. CLASSIFIED UNDER SCHEDULE I.V.
FIFTH COUNT -THAT ON TUE SAME DAY AN IN PHILADELPHIA COUNTY,
APPX-000255
Anita Geraci
From: Sent: To: Subject: Attachments:
Derek Schroth <[email protected]> Tuesday, December 20, 2016 1:30 PM Anita Geraci Request for Declaration of George Rosario's Forfeiture of Office
doc11347820161220132512.pdf
Good Afternoon Anita:
Attached is the letter I sent to George Rosario. Should Mr. Rosario not resign within the next 10 days, please schedule,
pursuant to Article Ill, Section 3.06 of the City's Charter, a hearing to declare George Rosario's forfeiture from office because Mr. Rosario lacks the qualifications to hold office pursuant to Article VI, Section 4 of the Constitution of the State of Florida. We request this hearing occur on the City Council's first meeting in January. Should Mr. Rosario fall to resign and should the City Council fail to carry out its duty under the law, we will file a lawsuit with the Circuit Court in and for Lake County for a Writ of Mandamus against the City and for injunctive relief and a Writ of Quo Warranto
against George Rosario. Thank you.
Sincerely,
Derek A. Schroth Florida Bar Certified Expert in Business Litigation and Local Government Law
OWEN I SCHROTH Bowen, Schroth, Mazenko and Broome, RA.
Attorneys at Law
Attorneys
Morton D. Aulls " Lennon E. Bowen Ill " Zachary T. Broome H. John Feldman Sasha 0. Caccia Richard W. Henning.s " Todd J. Mazenko James A. Myers Del G. Potter • Derek A. Schroth
t Of Counsel Florida Bar Certified in Wills, Trusts and Estates
'2 Of Counsel - Florida Suprema Court Certified Circuit Civil and Appellate Mediator
0 Florida Bar Certified Expert in Business Litigation and Local Government Law
Email Address: ilichn2aehfmenschrolliKom
December 20, 2016
Via Certified Mail, Return Receipt Requested and Regular U.S. Mail
George Rosario, Mayor City of Groveland 156 S. Lake Avenue Groveland, FL 34736
George L. Rosario 1101 Peregine Street Groveland, FL 34736
Re: Request for Resignation Due to Criminal Convictions on December 8, 1987 (Case #CP-51-CR-0628001-1987) and FBI Stolen Valor Inquiry
Dear Mr. Rosario:
I understand from the City Attorney, Anita Geraci, she does not represent you personally regarding the above-referenced matter. On behalf of my client, Mr. Glen Wilson, I request you resign from office Immediately. Should you refuse to resign, we will have a hearing to determine your eligibility to hold office pursuant to Article Hi, § 3.06 of City of Groveland Charter before the City Cduncli and, if necessary, before a Lake County Circuit Court Judge.
Sincerely,
DerekA chroth
RE
71929.354 0740 0000 4711
600 Jennings Avenue I Eustis, Florida 32726 I Tel. (352) 589-1414 1 Fax (352) 589-1726 I www.bowenschroth.com
APPX-000257
City of Groveland Minutes
Special City Council Meeting Wednesday, January 10, 2018
The Groveland City Council held a Special Meeting on Wednesday, January 10, 2018 in the E.L. Puryear Building located at 243 S. Lake Avenue, Groveland, FL 34736. Mayor George Rosario called the meeting to order at 6:30 p.m. with the following members present: Vice Mayor Dina Sweatt and Council Members, Mike Radzik, and Mike Smith. City officials present were Sergeant-at-Arms Chief Shawn Ramsey, City Clerk Virginia Wright, and City Attorney Anita Geraci-Carver. Absent: Council Member John Griffin; Interim City Manager Mike Hein.
OPENING CEREMONIES Pledge of Allegiance by Mayor Rosario.
Mayor Rosario reiterated that Council was advised by the Court Reporter present, prior to the meeting, to speak clearly into the microphones.
Mayor Rosario announced he was passing the gavel to Vice Mayor Sweatt as he would not take participate in the meeting. He stated that he felt the proceedings of the meeting were illegal. He further stated the City Charter does not allow the body of governing (City Council) to determine eligibility of City officials. Mayor Rosario stated attorney Mr. Roper stated the same when he filed an appeal at the Fifth District Court, because City Council is not a judicial body of the court.
Consideration of Declaration of Forfeiture of Office of Mayor George Rosario In accordance with Sec. 3.06 (a) & (bj Charter of the City of Groveland
City Attorney Anita Geraci-Carver stated on January 2, 2018 the City Council by majority vote, had called for a special meeting to consider a declaration of forfeiture of office of Mayor Rosario. The City Attorney reported the documents that were previously provided to Council last January (1-03-2016) were included in this meetings' agenda packet.
The City Attorney informed Council she received a phone call from the Department of Justice/Office of Civil Rights on January 9, 2018, in the afternoon, while she was out of the office. She returned the call on January 10, 2018, in which she reported she spoke with a gentleman who stated Mayor Rosario had contacted his office and provided a letter from the State of Florida/Office of Executive Clemency, executed by a Julia McCall. The City Attorney stated a portion of the letter was read to her by the gentleman, in which the City Attorney requested a copy of the letter. The gentleman stated that he would reach out to Mayor Rosario and ask the Mayor to provide a copy to the City Attorney. The City Attorney had not received a copy. City Attorney Geraci-Carver stated she contacted the gentleman again in the afternoon of January 10, 2018
1
APPX-000258
JANUARY 10.2018 SPECIAL CITY COUNCIL MEETING MINUTES
requesting a copy of the letter be faxed or emailed to her. She did not receive a copy of the letter. The City Attorney contacted Mr. Roper to reach out to the litigation counsel who represented Mayor Rosario in the Wilson vs. City/Rosario case. That attorney advised Mr. Roper that at this time he was not authorized to release any documents.
City Attorney Geraci-Carver stated she did not see/read the letter. However the gist of the letter that was read to her, as she understood it, was to advise that the State of Florida recognizes Mayor Rosario's right to vote, because the State of Pennsylvania recognizes Mayor Rosario's right to vote. Mayor Rosario would have to apply to the State of Pennsylvania for a full pardon because that is where the conviction was lodged. The City Attorney stated the portion of the letter that was read to her addressed Mayor Rosario's voting rights, not his eligibility to hold office. Council Member Radzik inquired as to the date of the letter. The City Attorney responded she did not know the exact date of the letter; the gentleman from the Department of Justice stated the letter was dated February of 2017. Council Member Radzik stated the City has not received any documentation from Mayor Rosario for approximately eleven (11) months; even though City Council had requested documentation from Mayor Rosario on five (5) separate occasions. The City Attorney verified Council Member Radzik's statement was correct.
City Attorney Geraci-Carver stated the item was now back to Council for a motion or discussion.
Mayor Rosario inquired if his attorney would be permitted to address Council. The City Attorney stated yes, the mayor's attorney could address Council before or after discussion or a motion. She recommended to Council not limit Mayor Rosario's attorney, Jim Jimenez, to speak for five (5) minutes as the public is held to; rather allow a reasonable amount of time.
Vice Mayor Sweatt requested a motion for the Consideration of Declaration of Forfeiture of Office of Mayor George Rosario.
Motion Council Member Radzik moved to approve Mayor Rosario's forfeiture of his position as Mayor because he is a convicted felon; and does not have a pardon or restoration of all his civil rights prior to qualifying for the Mayor's seat in June 2016, and hereby declared a vacancy; seconded by Council Member Smith.
Mayor Rosario's attorney Jim Jimenez stated the special meeting was an unlawful hearing, and the issue at hand was dismissed by the court. Mr. Jimenez reported Mayor Rosario was elected by the citizens, and felt the Mayor's rights have been violated. Mr. Jimenez stated the Mayor has not served on Council for 10 months. He recommended Council move to "actually move away from this thing." Mr. Jimenez added that the Fifth District Court of Appeals, together with the Florida Constitution does not authorize Council to take any action against the Mayor. He stated Wilson vs. City/Rosario case
2
APPX-000259
JANUARY 10, 2018 SPECIAL CITY COUNCIL MEETING MINU'T'ES
had been dismissed. Mr. Jimenez further stated there is nothing in Florida Statutes that causes forfeiture of office, except for property.
Council Member Radzik read a summary into the record as follows:
December 19, 2016 — "I asked George if he had the right to hold office considering his felony conviction. He told me that it was none of my business and to talk to his attorney. I explained that it was our business, because if he was not allowed to hold office the votes he cast could be disallowed and we'd be wasting tax payer money."
December 20, 2016 — "Derek Schroth, attorney for Glen Wilson sent a letter to Mr. Rosario giving him 10 days to produce the documents proving that he was able to hold office in accordance with Article VI (6) Section 4 of the Constitution of the State of Florida."
December 23, 2016 "The City Attorney recommended that if Mr. Rosario had documentation showing that he had all of his civil rights restored, that he provide a copy to the City and the City Attorney."
December 26, 2016 — "An email was sent to Mr. Rosario asking if he had applied for or been granted clemency. There was no response."
January 3, 2017 "An agenda item regarding the Declaration of Forfeiture of Office was tabled without mention of a date to bring it back to the Council for action."
March 1, 2017 — "There was an attempt to schedule a hearing in front of Judge Brigs with the intent of requesting a copy of Mr. Rosario's pardon or paperwork indicating he had all of his civil rights restored. Mr. Rosario's attorney decided they would not attend and shortly thereafter they filed suit with the 5th District Court of Appeals."
December 4, 2017 — " There was a Council consensus to request that Mr. Rosario produce his pardon or documents restoring his civil rights and gave him 7 days to do so. Mr. Rosario said that he did not have to produce anything and we have not received anything to date."
"With all of that said, there have been at least 5 separate instances where Mr. Rosario was asked to provide a copy of his pardon or proof that his civil rights had been restored, we have not been provided with that information as of today."
3
APPX-000260
JANUARY 10, 2018 SPECIAL CITY COUNCIL MEETING MINUTES
"It's also worth noting that in 2010 there was some confusion as whether or not Mr. Rosario was a registered voter and when asked, he promptly reached into his wallet and produced his voter registration card. It would seem me that if Mr. Rosario had the requested documents that he was pardoned, or he had restored civil rights, he would have promptly produced them as well."
Council Member Radzik stated under the Florida Constitution, no person convicted of a felony is qualified to vote or hold public office, until civil rights have been restored and is applicable to municipal offices. Council Member Radzik stated according to information provided by National Association of Criminal Defense Lawyers in Pennsylvania a person convicted of a felony has his/her rights revoked. The person's rights are restored once released from incarceration. However, upon being convicted of crime punishable for more than one year felony a person loses eligibility to serve on a jury and upon conviction of felony loses eligibility to hold office. Council Member Radzik stated a person with a felony in the State of Pennsylvania must apply for a pardon for consideration of rights to be restored. Council Member Radzik read the City's Charter, Section 3.06 "A council member shall forfeit his office if he lacks at any time during his term of office any qualification for the office prescribed by this Charter or law." Council Member Radzik stated no documentation has been provided to prove Mayor Rosario's rights have been restored. Council Member Radzik stated the facts presented are his basis for his ultimate decision.
Council Member Smith stated he continues to hear that Mr. Roper states the Council has no authority on the matter. Council Member Smith read into the record from court documents in the case of Wilson vs. City of Groveland/Rosario, as follows: "The City Council's determination as to whether a council member lacks any qualification to hold office and, therefore, has forfeited his office, is entirely a discretionary function of the City Council." Council Member Smith stated that it is very clear it is a duty and responsibility of the Council. He noted section 3.06 of the City Charter, as well as the portion of the Florida Constitution that Council Member Radzik had referenced. Council Member Smith stated because Mayor Rosario had not provided proof of any documentation, he felt the City Council's actions are appropriate and required.
Vice Mayor Sweatt stated if Mayor Rosario does have documentation that gives him the right to hold office it should have been presented many months ago. She further reported since Council still has not seen documentation, she agreed with Council Members Radzik and Smith.
Public Comment Public comment was opened in which some present spoke
4
APPX-000261
Attest:
c_ Mayor Dina Sweatt
Virginia right, City Cle
JANUARY 10, 2018 SPECIAL CITY COUNCIL MEETING MINUTES
Motion was approved with Council Members Radzik and Smith, and Vice Mayor Sweatt voting aye.
Motion passed 3-
Adjournment Vice Mayor Sweatt adjourned the meeting at 7:35 p.m.
I make a motion that Mr. Rosario has forfeited his position as Mayor because he is a convicted felon and does not have a pardon or restoration of all 4 his civil rights prior to qualifying for the Mayors seat in June 2016 and hereby declare a vacancy.
December 19, 2016
I had asked George if he had the right to hold office considering his felony conviction, He told me that is
was not of my business and to talk to his attorney. I explained to that it was our business because if he
was not allowed to hold office the votes he cast could be disallowed and it we'd be wasting tax payer money.
December 20, 2016
Dererk Schroth, sent a letter to Mr. Rosario giving him 10 days to produce the documents proving that
he was able to hold office in accordance with Article Vi (6) Section 4 of the Constitution of the State of Florida.
pscember 23 2016
The City Attorney recommended that if Mr. Rosario had documentation showing that he had all of his
civil rights restored he provide a copy to the City and the City Attorney.
December 26, 2016
An email was sent to Mr. Rosario asking if he had applied for or been granted clemency. There was no
response.
January 3, 2017
An agenda Item regarding the Declaration of Forfeiture of Office was tabled without mention of a date
to bring it back to the Council for action.
APPX-000266
March 1 2017
There was an attempt to schedule a hearing in front of Judge Brigss with the intent of requesting a copy
of Mr. Rosaro's pardon or paperwork indicating he had all of his civil right restored. Mr. Rosario's
attorney indicated that they would not attend and shortly thereafter they filed suit with the 5th District
Court of Appeals.
December 4, 2017
There was a council consensus to request that Mr. Rosario produce his pardon or documents restoring his civil rights and gave him 7 days to do so, Mr. Rosario said that he did not have to produce anything
and we have not received anything to date.
With all of that said, there have been at least 5 separate Instances where Mr. Rosario was asked to provide a copy of his pardon or proof that all of his civil rights have been restored however, we have not
been provided with that information as of today.
It's also worth noting that in 2010 there was some confusion as whether or not Mr. Rosario was a
registered voter and when asked, he promptly reached into his wallet and produced his voter
registration card. It would seem to reason that if Mr. Rosario had the requested documents he would
have promptly produced them as well.
APPX-000267
City Council Groveland, FL - Official Website Page 1 of 1
City Council
Meetings
• 7 p.m.
• 1st and 3rd Monday of each month
• City Hall 156 S. Lake Ave.
Groveland, FL 34736
Agendas & Minutes
Agendas are available prior to the meetings. Minutes are available following approval.
View Most Recent Agendas and Minutes
Members The City Council for the City of Groveland is made up of 5 members; the mayor and council are each elected
at large. However, the four council members must reside within the district they represent.
• Mike Radzik, Council MemberNice Mayor - District 2
City of Groveland 156 SOUTH LAKE AVENUE GROVELAND, FLORIDA 34736
(352) 429-2141
DINA SWEATT JOHN GRIFFIN MAYOR COUNCIL MEMBER
MIKE RADZIK
MIKE SMITH COUNCIL MEMBER
COUNCIL MEMBER
CITY COUNCIL AGENDA
REGULAR CITY COUNCIL MEETING JANUARY 16, 2018
ANITA GERACI-CARVER
MIKE HEIN CITY ATTORNEY
INTERIM CITY MANAGER
VIRGINIA WRIGHT CITY CLERK
APPX-000269
GENERAL. INFORMATION AND INSTRUCTIONS
The Mayor will ask for comments from the public, requesting that anyone desiring to speak on an item. When recognized by the Mayor, please approach the podium and speak into the microphone, stating your name, address, if you are a citizen that lives in the Groveland City limits, and then present the information you desire. Each person has a maximum of five (5) minutes to speak.
Items listed in the "Consent Agenda" will be approved by Council in their entirety by a single motion, unless otherwise indicated by Council. These axe routine items not anticipated to be controversial and are placed on the Consent Agenda to expedite the meeting. If a Council Member, staff member or member of the public wishes to discuss any item on the Consent Agenda, they can request the item be removed from the Consent Agenda for discussion. The remaining items on the Consent Agenda will be voted on with one motion being made for all items on the Consent Agenda. Then the item removed from the Consent Agenda will be separately considered and voted on.
Items identified with a double asterisk (**) are quasi-judicial functions of the City Council other than land use; the Council Members disclose any ex parte communications.
Groveland Code of Ordinances Sec., 2-58 (f). Any person desiring to address the Council shall first secure the permission of the presiding officer and shall give his name and address for the record. All remarks shall be addressed to the Council as a body and not to any member thereof unless permission to do so is first granted by the presiding officer. Unless further time is granted by the presiding officer or the council, member of the public shall limit their discussion or address to no more than five minutes. No question shall be asked a council member or city official except through the presiding officer.
If your address is exempt from public record you are not required to state it. In addition, do not give out your Social Security Number, phone number, email address or any other information you do not want others to have access to as the meetings are recorded and those recordings are considered public record.
Pursuant to the provisions of Chap. 286, F.S., Sec. 286.0105, if a person decides to appeal any decision made by this body with respect to any matter considered at this meeting, he or she will need a record of the proceedings, and that for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record may include the testimony and evidence upon which the appeal is to be based and is advised to make such arrangements at his or her own expense.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statute, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk's Office no later than 5:00 p.m. the day of the meeting.
APPX-000270
PUBLIC NOTICE AND AGENDA OF THE GROVELAND CITY COUNCIL MEETING SCHEDULED TO CONVENE AT 7:00 P.M., TUESDAY, JANUARY 16, 2018 IN THE E.L. PURYEAR BUILDING LOCATED AT 243 S. LAKE AVENUE, GROVELAND, FLORIDA 34736
MAYOR DINA SWEATT COUNCIL MEMBER JOHN GRIFFIN COUNCIL MEMBER MIKE RADZIK COUNCIL MEMBER MIKE SMITH INTERIM CITY MANAGER MICHAEL HEIN CITY ATTORNEY ANITA GERACI-CARVER, ESQ. SERGEANT-AT-ARMS CHIEF SHAWN RAMSEY CITY CLERK VIRGINIA WRIGHT
dina.sw att veland-fl.gov john.gri [email protected] mike.radzik oveland-fl.ggy mike. smith@groveland-fl. goy michael .heir 1 d-fl. ov
Please note: Most written communication to or from government officials regarding government business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure.
AGENDA
Call to Order
Opening Ceremonies a. Pledge of Allegiance b. Invocation
Roll Call.
Swearing in of Mayor — Dina Sweatt
Guest Speaker, Presentations and Proclamations * Police Department - Member of the Quarter Jack Gunter * Police Department - Introduction of K-9 Handler Travis McGee and K-9 Polo
Reports a. Council Member Reports b. City Manager Report c. City Attorney Report d. Citizen Advisory Committee Member Reports
Consent Agenda Routine items and items not anticipated to be controversial are placed on the Consent Agenda to expedite the meeting. If a Council Member, staff member or member of the public wishes to discuss any item on the Consent Agenda, they can request the item be removed from the Consent Agenda for discussion. The remaining items on the Consent Agenda will be voted on with one motion being made for all items on the Consent Agenda. Then the item removed from the Consent Agenda will be separately considered and voted on.
APPX-000271
® Approval of December 20, 2017 Special Meeting • Approval of January 2, 2018 City Council Meeting Minutes
Old Business 1. Acceptance Bid No. 2017-11-01: Hartman Civil Construction Company, Inc. for the Iowa
Avenue Water Main Improvements Project
New Business 2. Discussion and Selection of Vice Mayor 3. Discussion and Direction: Appointment to Vacant Council Position 4. Schedule Special Election, Charter Sec. 3.06(02) 5. Approval of Ordinance 2018-01-01: Comprehensive Plan Amendment LaViance 6. Approval of Resolution 2018-01-02: Charter Review - Proposal from John Scott Daley Florida
Institute of Government at UCF 7. Approval of Police Department to Utilize the Forfeiture Fund to Finance the Rifle Buy Back
Program
Public Comment
Adjournment
Groveland Code of Ordinances Sec. 2-58 09. Any person desiring to address the Council shall first secure the permission of the presiding officer and shall give his name and address for the record. All remarks shall be addressed to the Council as a body and not to any member thereof unless permission to do so is first granted by the presiding officer. Unless further time is granted by the presiding officer or the council, member of the public shall limit their discussion or address to no more than five minutes. No question shall be asked a council member or city official except through the presiding officer.
If your address is exempt from public record you are not required to state it. In addition, do not give out your Social Security Number, phone number, email address or any other information you do not want others to have access to as the meetings are recorded and those recordings are considered public record.
Pursuant to the provisions of Chap. 286, F.S., Sec. 2860105, f a person decides to appeal any decision made by this body with respect to any matter considered at this meeting, he or she will need a record of the proceedings, and that for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record may include the testimony and evidence upon which the appeal is to be based and is advised to make such arrangements at his or her own expense.
*In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statute, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk's Office no later than 5:00 p.m. the day of the meeting.
APPX-000272
City of Groveland Minutes
City Council Meeting Tuesday, January 16, 2018
The Groveland City Council held a regularly scheduled meeting on Tuesday, January 16, 2018 in the E.L. Puryear Building located at 243 S. Lake Avenue, Groveland, FL 34736. Mayor Dina Sweatt called the meeting to order at 7:50 p.m. with the following members present: Council Members John Griffin, Mike Radzik, and Mike Smith. City officials present were Interim City Manager Mike Hein, City Clerk Virginia Wright, Sergeant-at-Arms Chief Shawn Ramsey, and Attorney Anita Geraci-Carver.
OPENING CEREMONIES Pledge of Allegiance by Mayor Sweatt Invocation given by Mayor Sweatt
SWEARING IN OF MAYOR DINA SWEATT City Attorney Anita Geraci-Carver performed the Oath of Office swearing in Dina Sweatt as the Mayor.
Mayor Sweatt read into the record reminding everyone in attendance to be respectful, not to speak out of turn, and those who wish to speak during public comment are allotted five (5) minutes. She noted Council is moving forward in a positive manner.
GUEST SPEAKERS, PRESENTATIONS AND PROCLAMATIONS Police Chief Shawn Ramsey recognized Detective Jack Gunter as Member of the Quarter and presented Mr. Gunter with a plaque for his outstanding accomplishments. Chief Ramsey reported during the holiday season the Police Department held an event to provide gifts to approximately 60 families. Detective Gunter organized the event in conjunction with City businesses and individuals. Detective Gunter was thankful for the recognition. He thanked all who participated and assisted with the holiday event. Detective Gunter noted that the families assisted were from the Groveland/Mascotte area.
Chief Ramsey introduced K-9 handler Officer Travis McGee and K-9 Polo. Polo is approximately 17 months old and came from Poland. Officer McGee and Polo completed a nine-week training program. Polo is able to detect various narcotics and also assist with tracking efforts for missing persons.
REPORTS
Council Member Mike Radzik Council Member Radzik reported the following:
• January 11, 2018 met with residents Marty Proctor and Lowrie Brown to discuss the LaViance Project
Council Member Mike Smith Council Member Smith reported the following:
1
APPX-000273
JANUARY 16, 2018 CITY COUNCIL MEETING MINUTES
• January 5, 2018 attended a meeting with South Lake Regional Water Initiative • January 10, 2018 attended the Special Council Meeting • January 10, 2018 attended Cherry Lake Tree Farm Public Meeting/Re: 1MG
Project • January 12, 2018 met with residents Marty Proctor and Lowrie Brown to discuss
the LaViance Project • January 12, 2018 attended Swearing in of new Officers/Lake David Center • Council Member Smith reported the Memorial Park is seeking to add a Vietnam
Veteran remembrance and to please contact Paula Hail/RAC for additional information.
Council Member John Griffin Council Member Griffin reported the following:
• Council Member Griffin stated he was thankful to God to allow him to celebrate another year recognizing the birthday of Dr. Martin Luther King, Jr., and others, who stood by social justice and carried out equality.
• Council Member Griffin noted this year's Dade Battlefield Re-enactment has been dedicated to him.
• Council Member Griffin reported he was honored by a visit from Moses Jumper of the Big Cypress Reservation. Mr. Griffin noted Moses Jumper is a Supreme Court judge for the Seminole Tribe of Florida.
Mayor Member Dina Sweatt Mayor Sweatt reported the following:
a January 4, 2018 met with Interim City Manager Hein • January 10, 2018 attended the Special Council Meeting • January 11, 2018 met with residents Marty Proctor and Lowrie Brown to discuss
the LaViance Project • January 11, 2018 traveled to Tavares for a headshot for the EMS Board of
Directors (The Lake County League of Cities nominated Mayor Sweatt to serve on the EMS Board, in which she was appointed).
• January 12, 2018 attended the Lake League Luncheon with Interim City Manager Hein
• January 12, 2018 attended Swearing in of new Officers/Lake David Center January 12, 2018 took a tour of Waterside Point to examine the erosion.
• January 13, 2018 participated in the MLK, Jr. Parade in Leesburg with Interim City Manager Hein and Chief Ramsey
Interim City Manager's Report Interim City Manager Mike Hein reported the following:
• Interim City Manager Hein thanked everyone for the warm welcome, a Interim City Manager Hein reported on the Jake Brakes indicating staff had
contacted FDOT and were informed that FDOT does not allow signage regarding braking in their right-of-ways.
• Interim City Manager Hein provided an update regarding Founders Day. He noted that no preparation and no budget had been identified for a March community event. Interim City Manager Hein stated that he would begin working to identify
2
APPX-000274
JANUARY 16, 2018 CITY COUNCIL MEETING MINUTES
funding requirements and partners. He stated that during the budget process he expects to have a broader conversation regarding special events and expectations.
• Flag Poles at the Puryear Building — Interim City Manager Hein noted that the five (5) flag poles were missing as a result of damage from Hurricane Irma. He reported that replacements are on order and flags are ready.
• Interim City Manager Hein provided an update on the Strategic Plan. Contact was made with the consultant who facilitated the retreat and staff has updated some of the project sheets. He anticipates that Council will consider adopting a Strategic Plan sometime in February or early March. Third Floor Public Safety Building — Interim City Manager Hein noted that staff met with the architects and are coordinating the efforts to identify costs and logistics associated with adding a third floor to the Public Safety Building to accommodate the Community Development Department. Mr. Hein reported this item will be presented to City Council before any commitments are made.
• Consumptive Use Permit (CUP) — Interim City Manager Hein stated that staff met with representatives of the Saint John's River Water Management District (SJRWMD), and potential regional partners to discuss future cooperative efforts. It was noted during the meeting with SJRWMD that no extensions of the CUP application would be considered.
• Update on the Modular Building for the Community Center Interim City Manager Hein reported staff expects the modular building for the Community Center to be delivered within the next two (2) weeks. After the delivery of the modular building, coordination with Duke Energy and Century Link will proceed and accessibility features will be installed. Anticipated occupancy is by mid-April.
• Interim City Manager Hein stated staff was directed to begin the design and construction drawings for the first phase of the Lake David Park Improvements. Staff met with representatives of the GRA and discussed progress and the next steps. It is anticipated an update will be provided in March. Public Works Director Jamie Huish is taking the lead on this project.
• Interim City Manager Hein stated staff was directed to provide written updates on two projects, IMG, and the LaViance Project. Those memos were provided on 1/05/2018 and 1/8/2018, and are attached to Mr. Hein's Managers report for this meeting.
• Interim City Manager Hein reported he denied a purchase order slightly over $30,000 for camera/monitoring security systems. The item was budgeted and approved some time ago. However, Mr. Hein stated he questioned the operational effectiveness, as it may not be a needed expenditure at this time.
• Interim City Manager referenced the draft annual calendar for Council review that was included with his report. The calendar contains meeting and holiday dates. Interim City Manager Hein reported if Council so desires, the calendar would be placed on the next City Council Meeting agenda for consideration of adoption.
Council Member Griffin stated there are many people in Groveland who like to fish off the banks, however, the cattails grow, which makes it difficult casting. Council Member Griffin inquired if consideration of a small dock could be included as part of the Lake David Park Improvements. Interim City Manager Hein stated he would further research the request.
3
APPX-000275
JANUARY 16, 2018 CITY COUNCIL MEETING MINIMS
City Attorney Report City Attorney Anita Geraci-Carver reported the following:
• Update on the City's agreement with the property owners B and W site of the Caribou properties. City Attorney Anita Geraci-Carver re-sent the agreement to Mr. Booth. He replied with comments that his clients' had provided to him earlier in the year, and forwarded those comments onto the City Attorney. The City Attorney stated she would need to meet with Interim City Manager Hein to discuss the concerns of Mr. Booth's clients with the use of property, before any revisions are made to the agreement.
• A mail ballot election has been scheduled for the Firefighter's Union that will be held January 18, 2018 through February 8, 2018. At 2:00 p.m. on February 8, 2018 in Tallahassee, the ballots will be opened and read. An update will be provided to Council once the election process takes place. A Closed Session meeting is scheduled for February 5, 2018 regarding an open demand that Mr. Redmond Jones in a lawsuit brought against the City. The Closed Session meeting will be held at the E.L. Puryear Building, 243 S. Lake Avenue, Groveland, FL beginning at 6:00 p.m. It is anticipated the session will last approximately 30 minutes, in the case of Redmond D. Jones, II vs. the City of Groveland, cases 2016-CA-1918 and 2016-CA-1716. Those in attendance will be: Mayor Dina Sweatt, Council Members, John Griffin, Mike Radzik, and Mike Smith; Interim City Manager Michael Hein, City Attorney Anita Geraci-Carver; Cindy Townsend/litigation counsel appointed by the City's insurance carrier, and Jasko Court Reporting Services.
Interim City Manager Hein reported there will be a community event "Battle of the Chiefs", hosted by the City of Groveland Police Department on Saturday, January 20, 2018 from 10 a.m. to 3:00 p.m. There will be a chili cook-off, horseshoe, and comhole contests, and a jeep show. The City of Groveland invites local law enforcement, fire and rescue agencies to compete.
CONSENT AGENDA • Approval of December 20, 2017 Special Meeting Minutes • Approval of January 2, 2018 City Council Meeting Minutes
Motion: Council Member Smith moved to approve the December 20, 2017 Special Meeting Minutes, seconded by Council Member Radzik. Motion passed with all Council Members present voting aye.
Motion: Council Member Radzik moved to approve the January 2, 2018 City Council Meeting Minutes, seconded by Council Member Griffin. Motion passed with all Council Members present voting aye.
4
APPX-000276
JANUARY 16, 2018 CITY COUNCIL MEETING MINUTES
OLD BUSINESS
Acceptance Bid No 2017-11-01: Hartman Civil Construction Company, Inc. for the Iowa Avenue Water Main im rovements Pro ect
Motion: Council Member Radzik moved to approve; seconded by Council Member Smith, Motion was approved with all Council Members present voting aye.
Public Comment Public comment was opened in which one person spoke,
Motion was approved with all Council Members present voting aye.
NEW BUSINESS
Discussion and Selection of Vice Ma or
Motion Council Member Smith moved to nominate Council Member Radzik as Vice Mayor; Mayor Sweatt passed the gavel to Council Member Radzik and seconded the motion.
Public Comment None.
Motion was approved with Council Member Radzik, Council Member Smith, and Mayor Sweatt voting aye; Council Member Griffin voted nay. Motion passed 3-1.
Discussion and Direction: Appointment to Vacant Council Position City Attorney Anita Geraci-Carver explained the process and Charter provisions regarding the vacant council position. She stated applications for the vacant position for District 3 are due on January 29, 2018. On January 30, 2018 the applications will be distributed to City Council for review. The meeting to appoint will be on February 5, 2018 at the regular City Council Meeting. Council concurred.
Schedule Special Election, Charter Sec. 3.08(d)(2) City Attorney Anita Geraci-Carver stated the City's Charter provides for Council to schedule a Special Election and a qualification period for District 3. She had not received a confirmation back from the Lake County Supervisor of Elections as to whether they would be able to meet the schedule. However, if they are not able to do so, the City Attorney will bring this item back to Council for guidance. The City Attorney noted the Charter provisions are contained in the agenda packet along with the proposed schedule.
5
APPX-000277
JANUARY 16, 2018 CITY COUNCIL MEETING MINUTES
Motion Council Member Radzik moved to approve the Special Elections with the dates that are outlined and the qualification period; seconded by Council Member Smith.
Public Comment Public comment was opened in which some present spoke.
Mayor Sweatt inquired if there is only one applicant for the vacant position, would a Special Election still need to be held. City Attorney Geraci-Carver stated if there is only one applicant that qualifies, a Special Election would not need to be held.
Motion passed with all Council Members present voting aye.
Approval of Ordinance 2018-01-01: Comprehensive Plan Amendment LaViance Interim City Manager Hein stated this item was tabled at the LPA Meeting that was held earlier this evening and would be presented again at the February 20, 2018 LPA Meeting.
A • royal of Resolution 2018-01.02: Charter Review - t iro-osal from John Scott Dailey Institute of Government at UCF
Motion Council Member Smith moved to approve Resolution 2018-01-02; seconded by Council Member Radzik.
A
Public Comment: Public comment was opened in which some present spoke.
Motion passed with all Council Members present voting aye.
royal of Police De s artment to Utilize the Forfeiture Fund to Finance the Rifle I I
Guy Back Program
Motion Council Member Radzik moved to approve; seconded by Council Member Smith.
Public Comment: None.
Motion passed with all Council Members present voting aye.
Note: Council Member Griffin left the meeting at 9:07 p.m.
6
APPX-000278
JANUARY 16, 2018 CITY COUNCIL MEETING MINUTES
Public Comment Public comment was opened in which some present spoke.
ADJOURNMENT Mayor Sweatt adjourned the meeting at 9:30 p.m.
Dina Sweatt, Mayor
Attest: Virginia Wright, City Clerk
APPX-000279
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Case No. 5D17-0287
DISTRICT COURT OF APPEAL, STATE OF FLORIDA FIFTH DISTRICT
GEORGE ROSARIO Appellant,
v.
GLEN C. WILSON AND CITY OF GROVELAND, FLORIDA, Appellees.
On appeal from a Non-Final Order of the Circuit Court of the Fifth Judicial Circuit,
in and for Lake County, Florida
Lower Court Case No. 35-2017-CA-000010
ANSWER BRIEF OF APPELLEE CITY OF GROVELAND, FLORIDA
Michael J. Roper, Esq. Dale A. Scott, Esq.
John M. Janousek, Esq. BELL & ROPER, P.A.
2707 East Jefferson Street Orlando, Florida 32803
Telephone: 407-897-5150 Facsimile: 407-897-6947
Counsel for Appellee City of Groveland, Florida
APPX-000280
1. TABLE OF CONTENTS
1. TABLE OF CONTENTS ii
2. TABLE OF CITATIONS iii
3. STATEMENT OF THE CASE AND FACTS 1
A. The parties 1
B. Nature of the case 1
C. Course of proceedings 3
D. Disposition in the lower tribunal 5
4. SUMMARY OF THE ARGUMENT 7
5. ARGUMENT 8
A. Standard of review 8
B. Improper Notice to City Attorney 9
C. Failure to Establish Elements Warranting Temporary Injunction 14
Wilson has other available adequate remedies at law 15
Wilson failed to show a substantial likelihood of success on the merits 18
iii. Wilson improperly seeks to have the trial court involve itself in political matters 18
6. CONCLUSION 21
7. CERTIFICATE OF SERVICE 22
8. CERTIFICATE OF COMPLIANCE 24
APPX-000281 APPX-000281
2. TABLE OF CITATIONS
Case Page
Animal Rights Found. of Fla., Inc. v. Siegel 867 So. 2d 451 (Fla. 5th DCA 2004) 9
Cashcall, Inc. v. Office of Attorney Gen., Dep't of Legal Affairs 173 So. 3d 1056 (Fla. 2d DCA 2015) 9
Citizens for Sunshine, Inc. v. Sch. Bd. of Martin Cnty. 125 So. 3d 184 (Fla. 4th DCA 2013) 14
City of Sunrise v. Town of Davie 402 So. 2d 1354 (Fla. 4th DCA 1981) 17
City of W. Palm Beach v. Zellar 107 So. 146 (Fla. 1926) 15, 16
DiChristopher v. Bd. of Cnty. Comm 'rs 908 So. 2d 492 (Fla. 5th DCA 2005)
E.I. DuPont De Nemours and Co. v. Bassett 947 So. 2d 1195 (Fla. 4th DCA 2007)
Fla. High Sch. Activities Ass 'n v. Mander ex rel. Mander
8
8, 9
932 So. 2d 314 (Fla. 2d DCA 2006) 9, 10
Fla. High Sch. Activities Ass 'n v. Benitez 748 So. 2d 358 (Fla. 5th DCA 1999) 10, 11
The appellant is George Rosario. He was the defendant/respondent in the
proceedings below.
The appellees are Glen C. Wilson and the City of Groveland, Florida ("the
City"). Wilson was the plaintiff/petition in the proceedings below. The City was a
defendant/respondent in the proceedings below.
B. Nature of the case
This case arises out of Wilson's allegation that Rosario, the current Mayor of
the City, lacks the necessary qualifications to hold the office of Mayor and should,
therefore, be removed from office. See generally Rosario App. B. Wilson claims
that in 1987, Rosario was adjudged guilty of a felony in Pennsylvania. Id. at 8, 16-
21.1 Wilson argues that because of this felony, pursuant to Article VI, Section 4 of
the Florida Constitution, Rosario is ineligible to hold office in Florida and has never
had his right to hold public office restored. Id. at 8. Wilson claims that pursuant to
§ 3.06 of the City Charter, the City Council has a ministerial duty to declare a
forfeiture of office if any council member, such as the City Mayor, lacks any
qualification for office prescribed by law. Id. at 8-9. Wilson claims the City has
1 Citations to party appendixes submitted in this appeal are noted as " App. at ," identifying (1) the party who submitted the appendix, (2) the appendix exhibit letter, and (3) the pdf page number of the respective appendix.
1
APPX-000285 APPX-000285
failed to declare a forfeiture of Rosario's office, and claims he has no adequate
remedy at law. Id. at 9.
In his original Complaint, filed on January 4,2017, Wilson sought, inter alia,
a temporary injunction enjoining the City from recognizing the authority of Rosario
as City Mayor or Councilmember. Id. at 9-10. On this same date, the trial court
held an evidentiary hearing. See Rosario App. C at 24. At 4:28 p.m. on that date,
the trial court issued a Temporary Injunction. See Rosario App. D at 26-27. The
trial court concluded Rosario had a substantial likelihood of succeeding on the
merits, given the language of Article VI, Section 4 of the Florida Constitution. It
also found Wilson had no adequate remedy at law to address a violation of Article
VI, Section 4. Finally, it found irreparable harm would likely result absent entry of
an injunction and that the injunction would serve the public interest. Accordingly,
the trial court enjoined the City from recognizing the authority of Rosario as the
City's Mayor or as a City Councilmember. Id.
Rosario, who was not a party to this lawsuit at the time of entry of this
Temporary Injunction, now challenges the entry of this Temporary Injunction.
On appeal, the City is styled as an Appellee responding to Rosario's appeal.
However, the City does not oppose Rosario's appeal, which challenges the
Temporary Injunction on the basis of issues concerning Rosario's individual due
process rights. Instead, the City offers this Brief in an effort to assist this Court in
2
APPX-000286 APPX-000286
understanding the issues and procedural posture associated with the Temporary
Injunction, and to otherwise preserve the City's arguments in opposition to the
Temporary Injunction.
C. Course of proceedings
On January 4,2017, Wilson commenced this action. See Rosario App. B at
8. Therein, at Count I of his original Complaint, he sought an Alternative Writ in
Mandamus requiring the City to show cause why a Writ of Mandamus should not be
issued to have the City immediately declare a forfeiture of Rosario's office. Id. at
8-9. In Count II, Wilson sought a temporary injunction enjoining the City from
recognizing the authority of Rosario as Mayor or Councilmember. Id. at 9-10.
Wilson specifically alleged Rosario took office in November of 2016, and since that
time, he has voted in the majority with the City Council on several 3-2 votes
regarding significant matters, despite his alleged lack of qualification to hold office.
Id. at 9, IT 12-13. Wilson alleged generally that he has no adequate remedy at law
and that he has a substantial likelihood of prevailing on the merits of his claims. Id.
at 9, dm 14-15.
On the same date as the filing of Wilson's original Complaint, the trial court
held an evidentiary hearing on Wilson's request for the temporary injunction. See
Rosario App. C at 24. Although the City Attorney for the City was present at that
hearing, she was not properly notified of the lawsuit or the hearing, as (1) the hearing
3
APPX-000287 APPX-000287
occurred on the same date as the commencement of the action, and (2) Wilson's
Notice of Hearing was not timely filed until 4:07 p.m., well after the scheduled
hearing time of 3:30 p.m. See Rosario App. B at 8, C at 24. Despite this lack of
notice, at 4:28 p.m. on that same day, the trial court issued the challenged Temporary
Injunction, thereby enjoining the City from recognizing the authority of Rosario as
the City's Mayor or as a City Councilmember.2 See Rosario App. D at 26-27.
On January 9, 2017, Wilson filed an Amended Complaint. See Rosario App.
E at 28. Therein, he generally alleged the same salient facts raised in his original
Complaint and relied upon by the Court in its rulings. He reiterated his claims under
Counts I and II against the City for mandamus and injunction, basing them on the
orders entered by the Court. Id. at 28-30. Wilson also added Rosario as a
defendant/respondent. He added new claims for (Count III) an injunction against
Rosario from exercising his authority as a public office holder, and (Count IV) a writ
of quo warranto requiring Rosario's forfeiture of office and voiding any and all
official acts of Rosario, and any and all municipal actions passed pursuant to Council
votes passed by Rosario. Id. at 30-31.
On January 24, 2017, the City filed its Motion to Dismiss Plaintiff's Amended
Complaint, Quash Alternate Writ in Mandamus, and Dissolve Temporary
2 The trial court also issued an Alternate Writ in Mandamus. However, that Writ is not at issue on this appeal.
4
APPX-000288 APPX-000288
Injunction. See City App. A at 5. The City's motion is currently pending before the
trial court. On February 6, 2017, the trial court entered an Order staying the case
pending this appeal. See City App. B at 23.
D. Disposition in the lower tribunal
On January 4, 2017, the lower court issued a Temporary Injunction, which
stated:
I. Findings of Fact
1. George Rosario is a convicted felon. See Plaintiff's Evidence Exhibit "1" a Certified Copy of George Rosario's Criminal Record from First Judicial District of Pennsylvania dated December 23, 2016. There is no evidence in the record to show George Rosario's civil rights, including the right to hold public office, was restored.
2. George Rosario currently holds the office of Mayor/Council Member for the City of Groveland.
3. The City has taken municipal action and plans to take municipal action based on the authority of George Rosario as a public office holder.
4. Plaintiff/Petitioner is a tax payer and citizen of the City Groveland.
II. Conclusion of Law
5. Plaintiff/Petitioner has a substantial likelihood of succeeding on the merits because Article VI, Section 4 of the Constitution of the State of Florida prohibits convicted felons, including convicted felons from other states, from holding office in Florida until restoration of civil rights.
6. Plaintiff/Petitioner has no adequate remedy at law as damages are insufficient to address a violation of Article VI, Section 4 of the Constitution of the State of Florida.
5
APPX-000289 APPX-000289
7. Irreparable harm will likely result absent entry of this injunction because the City intends to rely on the authority of George Rosario as a public office holder in making significant municipal decision in the future, including settlement of lawsuits and termination of the City Manager.
8. This injunction serves the public interest because the Constitution of the State of Florida bars convicted felons from holding public office in the State of Florida.
9. The movant shall post a $2,500.00 bond which the trial court determines, based on the representations and evidence before it at this time, are the City's foreseeable damages if this injunction were wrongfully issued.
10.This injunction becomes effective upon the posting of the bond.
III. Injunction
11.Until further order of this Court, the City is hereby enjoined from recognizing the authority of George Rosario as the City of Groveland Mayor or as a City of Groveland Council Member in the City of Groveland.
See Rosario App. D at 26-27.
As stated, on January 24, 2017, the City filed a Motion to Dismiss Plaintiff's
Amended Complaint, Quash Alternate Writ in Mandamus, and Dissolve Temporary
Injunction. See City App. A at 5. The City's motion remains pending in the lower
court.
On January 26, 2017, Rosario filed his notice of appeal, and this appeal
followed.
6
APPX-000290 APPX-000290
4. SUMMARY OF THE ARGUMENT
As noted above, although the City is styled as an Appellee responding to
Rosario's appeal, it does not oppose Rosario's appeal, which challenges the
Temporary Injunction on the basis of issues concerning Rosario's individual due
process rights. The City takes no position with regard to propriety of the notice
given to Rosario as to the hearing on and issuance of the Temporary Injunction.
Instead, the City offers this Brief in an effort to assist this Court in understanding the
issues and procedural posture associated with the Temporary Injunction, and to
otherwise preserve the City's arguments in opposition to the Temporary Injunction.
The City's position is that the lower court's Temporary Injunction should be
reversed and dissolved. Although City Attorney Anita Geraci was present at the
temporary injunction hearing on January 4, 2017, neither she nor the City were given
reasonable notice of either the original Complaint or the hearing so as to allow the
City sufficient time to develop its arguments in opposition. Accordingly, in light of
this due process issue, at a minimum, the City maintains that it should be given an
opportunity to oppose the Temporary Injunction and assert in the lower court any
and all arguments it may raise to dissolve the injunction.
As to the merits of the Temporary Injunction, the trial court erred in granting
the injunction. First, Wilson failed to provide evidencing showing the unavailability
of other adequate remedies at law. To the contrary, other adequate remedies at law
7
APPX-000291 APPX-000291
are clearly available to Wilson and are more appropriate for this action. These
include (1) petitioning the Governor of Florida to remove Rosario pursuant to FLA.
STAT. § 114.01(1)(h); (2) seeking relief through a writ of mandamus; or (3) seeking
relief through a writ of quo wananto. Second, Wilson failed to show a substantial
likelihood of success on the merits as Wilson's exclusive remedy for a determination
of Rosario's right to hold office is by way of writ of quo warranto. Third, and finally,
injunctive relief was unavailable to Wilson as Wilson improperly sought to have the
trial court involve itself in political matters.
5. ARGUMENT
A. Standard of review
"Generally[,] a trial court's denial or granting of a temporary injunction is
subject to an abuse of discretion standard of review." DiChristopher v. Bd. of Cnty.
Comm 'is, 908 So. 2d 492, 495 (Fla. 5th DCA 2005); see also H&M Hearing Assocs.,
LLC v. Nobile, 950 So. 2d 501, 503 (Fla. 2d DCA 2007) (applying same standard of
review). The party appealing the temporary injunction "canies a heavy burden to
demonstrate that the court's ruling was clearly improper." DiChristopher, 908 So.
2d at 495.
However, the abuse of discretion standard of review should only be applied
to the extent the trial court's order is based on factual findings. Any legal
conclusions are subject to de novo review. E.I. DuPont De Nemours and Co. v.
8
APPX-000292 APPX-000292
Bassett, 947 So. 2d 1195, 1196 (Fla. 4th DCA 2007); see also Cashcall, Inc. v. Office
of Attorney Gen., Dep 't of Legal Affairs, 173 So. 3d 1056, 1057 (Fla. 2d DCA 2015)
(applying this hybrid standard of review on appeal of temporary injunction); Post-
Newsweek Stations Orlando, Inc. v. Guetzloe, 968 So. 2d 608, 610 (Fla. 5th DCA
2007) (noting that standard of review on appeal of an injunction is de novo where
issue on appeal is the application of law to undisputed facts); Animal Rights Found.
of Fla., Inc. v. Siegel, 867 So. 2d 451, 462-63 (Fla. 5th DCA 2004) (Sawaya, J.,
concurring in part and dissenting in part) (noting that on appeal of a temporary
injunction, "purely legal matters should be reviewed de novo").
B. Improper Notice to City Attorney
As an initial consideration, the trial court's Temporary Injunction should be
reversed and dissolved as the City was not given reasonable notice of Wilson's
Complaint, his request for temporary injunctive relief, or the hearing on the
temporary injunction, so as to allow the City meaningful opportunity to prepare in
order to present evidence and legal argument in opposition.
In Fla. High Sch. Activities Ass 'n v. Mander ex rel. Mander, 932 So. 2d 314
(Fla. 2d DCA 2006), the Second District Court of Appeal considered the issue of
reasonable notice in the context of the issuance of a temporary injunction. Mander,
a student at East Pasco Adventist Academy, filed an action seeking to enjoin the
Florida High School Activities Association (FHSAA) from barring her from
9
APPX-000293 APPX-000293
participating in volleyball or any other activity offered by a public school. Id. at
315. She filed a verified motion for temporary injunction on August 9, 2005, and
the trial court "immediately issued a temporary restraining order against the
FHSAA." Id. The facts showed that the complaint, summons and the motion for
temporary injunction were faxed and mailed to the representatives of the respective
defendants on the date the complaint and the motion were filed. Based on these
facts, the Second District Court of Appeal found the notice given to the FHSAA was
legally insufficient. Id. at 315.
Likewise, in Fla. High Sch. Activities Ass'n v. Benitez, 748 So, 2d 358, 359
(Fla. 5th DCA 1999), the Fifth District Court of Appeal also found that notice given
to defendants was legally insufficient. There, the plaintiff filed her complaint,
seeking an order directing the FHSAA to allow her to continue to play soccer at her
high school. The complaint was faxed to FHSAA offices at 10:19 a.m. on February
9, 1999. On the same date, a notice of hearing was faxed to the FHSAA at 11:08
a.m., notifying them that a hearing on the plaintiff's request for temporary injunction
would be held at 1:30 p.m. that afternoon. At 12:34 p.m., the FHSAA faxed to the
presiding trial judge a motion to quash the notice of hearing and motion to appear at
hearing by telephone. The trial judge granted the temporary injunction that same
date at 1:30 p.m. Id. at 358-59.
10
APPX-000294 APPX-000294
On appeal, this Court found "[t]he late notice to FHSAA by facsimile does
not constitute adequate notice under the facts of this case. Notice for temporary
injunction purposes means a meaningful opportunity to prepare in order to present
evidence and secure a record of the proceedings." Id. at 359. Accordingly, because
it appeared that no efforts have been made to provide FHSAA with a meaningful
opportunity to be heard prior to the entry of the temporary injunction, this Court
reversed the trial court's order. Id. at 359-60.
Applying these principles to the instant case, although the City Attorney was
present at the hearing on the request for temporary injunction, Wilson's counsel
clearly failed to give the City reasonable notice of the Complaint, the request for
injunctive relief, or the Notice of Hearing. The Complaint was filed on the same
date as the evidentiary hearing. See Rosario App. B, C, D. In the Notice of Hearing,
Wilson's counsel does certify that he sent the City Attorney a true and correct copy
of the Notice; however, Wilson's counsel certifies that this was sent to the City
Attorney on January 4, 2017, the same date as the filing of the Complaint and the
same date as the hearing. Rosario App. C at 25. Further, although the Notice states
that the hearing was scheduled to occur at 3:30 p.m., it bears an electronic filing
stamp of 4:07 p.m. Id. at 24. The Court entered the Temporary Injunction at 4:28
p.m. that day, a mere twenty-one (21) minutes after the filing of the Notice. Rosario
App. D at 27. Given these facts, under Benitez, the notice provided to the City was
11
APPX-000295 APPX-000295
legally insufficient. The eleventh-hour notice to the City Attorney did not provide
the City with a meaningful opportunity to prepare for the hearing in order to present
either evidence or legal arguments in opposition to the temporary injunction.
Accordingly, the entering of the Temporary Injunction by the trial court was wholly
improper.
Furthermore, even if the Court finds that the Temporary Injunction is not due
to be overturned based on the issue of reasonable notice, the City should, at a
minimum, be permitted to present to the trial court the substantive issues of the legal
sufficiency of the Temporary Injunction raised both in the arguments below and in
the City's pending Motion to Dismiss Plaintiff's Amended Complaint, Quash
Alternate Writ in Mandamus, and Dissolve Temporary Injunction. In its order
granting a stay of the case, the trial court stated:
The Court notes that the Defendant, CITY OF GROVELAND, has filed a Motion to Dismiss the Amended Complaint with Prejudice even though counsel for the City of Groveland was present when the prior Orders were entered and did not oppose them.
See City App. B at 23. Counsel for the City is now concerned that the trial court
intends to not consider the substantive arguments raised in opposition to the
Temporary Injunction, as well as the trial court's Alternate Writ in Mandamus and
the remainder of the claims raised in the Amended Complaint.
12
APPX-000296 APPX-000296
The City maintains that, regardless of the City Attorney's presence at the
court's evidentiary hearing on Wilson's request for temporary injunctive relief, the
City must still, nonetheless, be permitted to challenge the substantive merits of the
Temporary Injunction. Previously, the First, Second, Third, and Fifth District Courts
of Appeal all required a threshold showing of "changed circumstances" or "changed
conditions" for a party to satisfy its burden of moving to dissolve or modify a
temporary injunction pursuant to Florida Rule of Civil Procedure 1.610(d). See
Planned Parenthood of Greater Orlando, Inc. v. MMB Prop., No. SC15-1655, 2017
WL 709484, at *4 (Fla. Feb. 23, 2017) (collecting cases). However, the Florida
Supreme Court recently analyzed this issue and rejected this requirement, finding
that "requiring a threshold showing of changed circumstances when moving to
modify or dissolve a temporary injunction is incompatible with equity principles
when a party shows clear misapprehension of the facts or clear legal error on the part
of the trial court in entering the temporary injunction." Id. at *5.
As explained below and in the City's pending Motion to Dismiss, the City
raises many arguments showing that the trial court engaged in clear error in entering
the Temporary Injunction. Accordingly, pursuant to the Florida Supreme Court's
recent ruling in MMB Properties, the City should, at a minimum, be permitted to
challenge the Temporary Injunction on the basis of clear legal error.
13
APPX-000297 APPX-000297
C. Failure to Establish Elements Warranting Temporary Injunction
Injunction is a discretionary, equitable remedy. See Plissner v. Goodall
Rubber Co., 216 So. 2d 228, 229 (Fla. 3d DCA 1968) (suits for injunction are
governed by equitable principles); State Road Dep 't v. Newhall Drainage Dist., 54
So. 2d 48, 50 (Fla. 1951) ("[T]he matter of granting an injunction rests largely in the
discretion of the trial court, to be governed by the facts and circumstances of the
particular case."). It is a drastic and extraordinary remedy that should be granted
sparingly and only after the moving party has alleged and proven facts entitling it to
relief. See, e.g., Reliance Wholesale, Inc. v. Godfrey, 51 So. 3d 561, 564 (Fla. 3d
DCA 2010); Wade v. Brown, 928 So. 2d 1260, 1261 (Fla. 4th DCA 2006). To
warrant a temporary injunction, a plaintiff must establish: "(1) irreparable harm will
result if the temporary injunction is not entered; (2) an adequate remedy at law is
unavailable; (3) there is a substantial likelihood of success on the merits; and (4)
entry of the temporary injunction will serve the public interest." Citizens for
Sunshine, Inc. v. Sch. Bd. of Martin Cnty., 125 So. 3d 184, 187 (Fla, 4th DCA 2013)
(quoting Burtoff v. Tauber, 85 So. 3d 1182, 1183 (Fla. 4th DCA 2012)).
In this case, a review of the record clearly shows that, as a matter of the
application of the law on temporary injunctions to the facts presented by Wilson, the
trial court erred in granting the Temporary Injunction.
14
APPX-000298 APPX-000298
i. Wilson has other available adequate remedies at law
Wilson was not entitled to equitable injunctive relief as other adequate
remedies at law are clearly available and more appropriate. First, FLA. STAT. §
114.01 provides a framework for determining when a public office is deemed vacant
under certain circumstances. Under § 114.01(1)(h), "[a] vacancy in office shall
occur . . . [u]pon the failure of a person elected or appointed to office to qualify for
office within 30 days from the commencement of the term of office." Under §
114.01(2), "the Governor shall file an executive order with the Secretary of State
setting forth the facts which give rise to the vacancy, and he or she shall include in
such order the title of the office, the name of the incumbent officer or person who
held the office, and the date on which the vacancy in office occurred."
Applying this provision to the facts alleged in Wilson's Complaint and his
Amended Complaint, Rosario allegedly took office in November of 2016. See
Rosario App. B at 9, E at 29. As of January 24, 2017, more than 30 days had passed
since the commencement of Rosario's term of office. Accordingly, to the extent
Wilson alleges Rosario has failed to qualify for office due to his alleged felony
conviction, Wilson may seek redress through a petition to the Governor under §
114.01.
Furthermore, where a plaintiff may seek relief through a writ of mandamus or
quo warranto, as Plaintiff does here, equitable injunctive relief is improper. See City
15
APPX-000299 APPX-000299
of W Pcilin Beach v. Zellar, 107 So. 146 (Fla. 1926) (mandamus); Winter v. Mack,
194 So. 225, 227-28 (Fla. 1940) (mandamus and equitable relief not appropriate
where quo warranto relief is available); State ex rel. Booth v. Byington, 168 So. 2d
164, 175 (Fla. 1st DCA 1964) ("Quo warrant() is an appropriate and adequate remedy
to detetinine the right of an individual to hold a public office. . . Where quo
warranto is an adequate remedy, it is the only proper remedy and will preclude
issuance of a writ of prohibition as a substitute.") (emphasis added); see also FLA.
STAT. §§ 80.01-80.04 (explaining quo warranto procedures).
In fact, where, as here, a petitioner seeks to determine a person's right to hold
and exercise public office, in the absence of statute to the contrary, a petition for writ
of quo warranto is the exclusive method for making such a determination. See, e.g.,
McSween v. State Live Stock Sanitaly Bd. of Fla., 122 So. 239, 244 (Fla. 1929) ("The
generally accepted and recognized rule is that, in the absence of statutory provision
to the contrary, quo warranto proceedings are held to be the only proper remedy in
cases in which they are available. Thus they are held to be the exclusive method of
determining the right to hold and exercise a public office, . . . and when the remedy
by quo warranto is available, it is held that there is no concurrent remedy in equity,
unless by virtue of statutory provision.") (collecting cases); State ex rel. Booth v.
Byington, 168 So. 2d 164, 175 (Fla. 1st DCA 1964) ("Quo warranto is an appropriate
and adequate remedy to determine the right of an individual to hold a public office.
16
APPX-000300 APPX-000300
. . Where quo warranto is an adequate remedy, it is the only proper remedy and will
preclude issuance of a writ of prohibition as a substitute."); see also FLA. STAT. §§
80.01-80.04 (explaining quo warranto procedures).
For example, in City of Sunrise v. Town of Davie, 402 So. 2d 1354, 1355 (Fla.
4th DCA 1981), the Town of Davie sought "to permanently enjoin the City of
Sunrise from enacting an ordinance to annex certain property." The trial court
granted a temporary injunction. Id. On appeal, the Court considered whether the
trial court abused its discretion. The Court found "Davie failed to establish the
unavailability of an adequate remedy at law." Id. Specifically, the Court concluded
"[Once Davie failed to plead and prove that quo warranto is unavailable, it did not
meet an essential requirement for injunctive relief," and, therefore, the trial court
abused its discretion. Id.
Wilson seemingly acknowledges this issue as, in his Amended Complaint, he
seeks a writ of quo warranto against Rosario. See Rosario App. E at 31. Regardless,
since Wilson failed at the trial level to plead and prove that quo wan•anto relief was
unavailable, he did not meet an essential requirement for injunctive relief.
Accordingly, at a minimum, the trial court abused its discretion in issuing the
Temporary Injunction.
17
APPX-000301 APPX-000301
ii. Wilson failed to show a substantial likelihood of success on the merits
Wilson was also unable to satisfy the third element necessary to warrant a
temporary injunction, as he does not have a substantial likelihood of success on the
merits. As explained above, Wilson has other adequate remedies at law to address
Rosario's alleged lack of qualifications to hold public office, including, in particular,
a petition to the Governor, or a petition for writ of quo warranto directed specifically
at Rosario. Since the basis for Wilson's requested injunction is Rosario's alleged
lack of qualification to hold office, the requested relief in Count II, and the effect of
the Court's Temporary Injunction, amounts to an effort to determine Rosario's right
to hold and exercise the office of Mayor/Councilmember. Accordingly, Wilson's
exclusive remedy for such a determination is by way of writ of quo warranto. See
McSween v. State Live Stock Sanitary Bd. of Fla., 122 So. 239, 244 (Fla. 1929).
Since Wilson has an adequate remedy at law via a petition for writ of quo warranto,
injunctive relief, which is an equitable remedy, is improper.
iii. Wilson improperly seeks to have the trial court involve itself in political matters
Finally, in issuing the Temporary Injunction and thereby indirectly
determining Rosario's right to hold and exercise the office of
Mayor/Councilmember, the trial court improperly used its equitable powers to
18
APPX-000302 APPX-000302
determine questions that are purely political. The Temporary Injunction should,
therefore, be reversed and dissolved.
"The rule is well-settled that equity will neither determine questions involving
rights that are purely political nor will it undertake the protections of such rights by
the writ of injunction." Wexler v. Lepore, 878 So. 2d 1276, 1282 (Fla. 4th DCA
2004); see also Stoner v. S. Peninsula Zoning Comm'n, 75 So. 2d 831, 832 (Fla.
1954) (noting that a court of equity should not entertain the injunctive process for
the purpose of thwarting a political right); Joughin v. Parks, 147 So. 273, 273 (Fla.
1933) ("A political right has reference to those rights exercised by the citizen in the
formation, administration, or conduct of the government. . . . The right to . . . be a
candidate for and hold office . . . are among some of the most common political
rights. . . . In jurisdictions recognizing district courts of law and equity like Florida,
the rule is well settled that equity is without authority to determine questions
involving rights that are purely political, nor will they undertake the protections of
such rights by the writ of injunction.").
Since Wilson, via the requested injunction, seeks to attack Rosario's title to
hold public office, and since such matter involves the determination of a right that is
purely political, injunctive relief is wholly inappropriate and was unavailable to
Wilson. For the trial court to assume jurisdiction and enforce an injunction attacking
Rosario's authority would be tantamount to judicial control over the exercise of
19
APPX-000303 APPX-000303
political powers, which amounts to an improper "invasion of the function of . . . the
domain of the other departments of government." Joughin, 147 So. at 274. Since
the trial court did, in fact, assume said jurisdiction by issuance of the Temporary
Injunction, it improperly invaded the function of the domain of other government,
particularly the domain of the City's government. Accordingly, the trial court
clearly erred in exercising its equitable jurisdiction over this purely political right
and, for this reason, the Temporary Injunction must be reversed and dissolved.
20
APPX-000304 APPX-000304
6. CONCLUSION
For the reasons discussed, this Court should reverse and dissolve the lower
court's Temporary Injunction.
Respectfully submitted this 2nd day of February, 2017.
BELL & ROPER, P.A.
Is! Dale A. Scott Michael J. Roper, Esquire Fla. Bar No. 0473227 Primary e-mail: [email protected] Secondary e-mail: phennosaAbellrouerlaw.com Dale A. Scott, Esquire Fla. Bar No. 0568821 Primary e-mail: [email protected] Secondary e-mail: bpooleRbellroperlaw.com John M. Janousek, Esquire Fla. Bar No. 0098599 Primary e-mail: [email protected] Secondary e-mail: lcreedAbellroperlaw.com 2707 E. Jefferson St. Orlando, FL 32803 407-897-5150 (telephone) 407-897-6947 (facsimile) Counsel for Defendant / Appellee
21
APPX-000305 APPX-000305
7. CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document has
been e-filed via eDCA and furnished via e-mail, pursuant to Fla. R. Jud. Admin.
Rule 2.516(b)(1), this 2nd day of March, 2017, to:
Attorney for Plaintiff-Petitioner/ Appellee Glen C. Wilson
Joan Carlos Wizel, Esquire [email protected] dmlydeckerdiaz.com Onier Llopiz, Esquire [email protected] gcb Alydeckerdi az. com Troy Beecher, Esquire [email protected] LYDECKER DIAZ 1221 Brickell Avenue, 19th Floor Miami, Florida 33131 Attorneys for Appellant, George Rosario
BELL & ROPER, P.A.
/s/ Dale A. Scott Michael J. Roper, Esquire Fla. Bar No. 0473227 Primary e-mail: [email protected] Secondary e-mail: pherrnosaP,bellroperlaw.com Dale A. Scott, Esquire Fla. Bar No. 0568821 Primary e-mail: dscott(&,bellroperlaw.com Secondary e-mail: bpooleP,bellroperlaw.com John M. Janousek, Esquire Fla. Bar No. 0098599
APPX-000306
22
APPX-000306
Primary e-mail: jjanouselcAbellroperlaw.corn Secondary e-mail: kreedAbellroperlaw.com 2707 E. Jefferson St. Orlando, FL 32803 407-897-5150 (telephone) 407-897-6947 (facsimile) Counsel for Defendant / Appellee
APPX-000307
23
APPX-000307
8. CERTIFICATE OF COMPLIANCE
I certify that this initial brief complies with the font requirements of Fla. R.
App. P. 9.210(a)(2), and is submitted in Times New Roman, 14-point font.
BELL & ROPER, P.A.
/s/ Dale A. Scott Michael J. Roper, Esquire Fla. Bar No. 0473227 Primary e-mail: [email protected] Secondary e-mail: [email protected] Dale A. Scott, Esquire Fla. Bar No. 0568821 Primary e-mail: [email protected] Secondary e-mail: [email protected] John M. Janousek, Esquire Fla. Bar No. 0098599 Primary e-mail: [email protected] Secondary e-mail: [email protected] 2707 E. Jefferson St. Orlando, FL 32803 407-897-5150 (telephone) 407-897-6947 (facsimile) Counsel for Defendant / Appellee
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