Deltona’s 180 doesn’t silence critics

Critics to mayor: Resign or be recalled

By Al Everson
BEACON STAFF WRITER

posted Mar 5, 2009 - 1:33:29pm

To cheers and hearty applause, a chorus of critics called on Mayor Dennis Mulder to resign, but he declined.

And, his refusal to quit brought threats of a recall.

“We feel that when you can no longer trust your elected city leaders, it is time to stand down,” Deltona Citizens Action Committee Chairwoman Nancy Schleicher told Mulder and the rest of the City Commission March 2.

Mulder sat mostly quiet through the barrage of complaints and criticism, while some in the audience held up signs reading “Recall.”

Speaker after speaker decried Mulder’s proposal to use taxpayers’ dollars to sue his opponents for speaking, writing or blogging against him and his allies.

In the days before the meeting, Mulder regretted his proposal to take critics to court, and asked his fellow commissioners to undo it. They did so, but that did not quell the public outcry at the meeting.

At times during the meeting, Mulder wielded his gavel and warned he would eject anyone who became too rowdy.

“It’s not time for boos in the back or applause in the front,” Mulder said.

The contentious proceeding came two weeks after Mulder had rallied three other commissioners to back legal action against those he believes are unfairly attacking him or other city officials. The commission’s 4-3 vote was but one more case of deep division; the commission has been divided similarly on votes on taxes and the performance of the city manager and city attorney.

The fierce division prompted City Commissioner Michele McFall-Conte to call for “respecting the offices we hold.”

She quoted President Abraham Lincoln, who had famously quoted Jesus: “A house divided against itself cannot stand.”

In the days following the commission’s controversial Feb. 16 vote to sue naysayers, Mulder tried to fend off charges he was acting unconstitutionally and using public resources for his own private purposes.

As recently as Feb. 24, Mulder claimed the lawsuits would not impinge upon the First Amendment. The next day, however, the mayor issued a statement on city stationery admitting suing political opponents would be unconstitutional and asking the City Commission to rescind its motion. Mulder’s statement also contained an apology for what he called “a rookie mistake.”

Mulder’s detractors were not so forgiving.

“Outrageous” and “the ultimate insult” were the ways Richard Hylton described the idea of suing citizens who object to municipal officials or policies.

“This is not the kind of leadership our city needs,” Hylton said.

“If you won’t resign, we’ll have to recall you,” said Mark Buckley, who is spearheading a drive to recall Mulder and the commissioners who voted with him: Vice Mayor Michael Carmolingo, and City Commissioners Janet Deyette and Paul Treusch.

“Enough is enough,” J. Mark Barfield told Mulder. “It’s time for you to go, sir.”

“Mr. Mayor, I think you’ve done a lousy job, and I think it’s time you did resign,” said Mildred White.

Though outnumbered, a few defenders of the mayor took the floor.

“You’re all good people,” Bob Bello said. “The reason the other side don’t like you is because you won the election.”

Ed Alvarado also came to the mayor’s defense.

“Four years of an organized scheme of hatred are enough,” Alvarado said. “They want to control the city.”

On the dais, Carmolingo appealed to those holding “Recall” signs.

“Is this the Christian way?” he asked, drawing some catcalls. “If that is free speech, I would like to see it happen to you. ... I support the mayor. I don’t want him to resign.”

Commissioner Zenaida Denizac took aim at City Attorney George Trovato, claiming he had failed to advise the commission about the unconstitutionality of its decision to sue critics.

“I think the city was put at risk when the commission voted to shut the people of Deltona,” she said.

Denizac criticized Trovato for “the lousy job you are doing as city attorney.”

Commissioner Herb Zischkau tried to amend the motion to rescind the citizen-lawsuit action by adding a mandate that Mulder resign. Zischkau’s suggested amendment failed to gain support among his colleagues.

“This wasn’t just a violation of our free-speech rights ... this was an outrageous use of our city tax dollars for a private purpose,” Zischkau said.

The City Commission was not unanimous in its decision to step back from “strategic lawsuits against public participation,” also known as SLAPP suits. Deyette said she was “confused” about the proceedings; she voted against the motion to rescind that Mulder had proposed.

Mulder waxed philosophical as the stormy session drew to a close.

“I feel a lot better after tonight,” he said. “I don’t mind eating a little crow when I’m wrong. ... I would never lead this commission down a road that I thought was wrong.”

Supporters of the recall of Mulder vowed to proceed with gathering petitions to demand a special election later this year.

Because of the City Commission’s decision last year to schedule the city’s elections in even-numbered years, Deltona’s next regular election for mayor and three commissioners will not occur until 2010.

— al@beacononlinenews.com

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