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Van Conoley
BEACON PHOTO/PAT HATFIELD
Bob Garcia
By Pat Hatfield
posted Nov 27, 2009 - 11:26:14am
DeBary has scheduled a hearing to investigate whether its mayor broke a rule in the city charter.
During its regular meeting at 7 p.m. Wednesday, Dec. 2, the City Council will hear evidence and decide whether Mayor Bob Garcia broke the rules when he spoke to DeBary Chief Financial Officer Jimmy Seelbinder in September about finances and FEMA money.
If found guilty, Garcia could be censured or possibly removed from office.
Section 4.04 of DeBary’s City Charter states, “No individual member of the Council shall give orders to any officer or employee of the City.”
Vice Mayor Norm Erickson moved for the hearing. The vote was 4-1, with Garcia opposed. City Council Member Jack Lenzen said he didn’t think Garcia had violated the charter, but it would be best to air the matter and resolve it.
Erickson said that at a Sept. 2 meeting, when City Council Member Van Conoley was questioning Seelbinder about the city finances, the mayor had commented, “I asked Jimmy to concentrate all his efforts on FEMA.”
The city was trying to collect a large amount of money from FEMA for storm recovery.
Erickson said the mayor’s words were a violation of the charter prohibition against directing the work of city employees.
“I never directed anybody to do anything,” Garcia said, in response to the charge. “I corrected myself immediately. I never violated the charter.”
Seelbinder will be questioned during the Dec. 2 hearing.
The investigation of the mayor is the latest twist in squabbling among council members and citizen watchdogs.
Erickson said two DeBary residents, Mark Meister and David Chapman, had been unfair to Council Member Van Conoley during recent meetings.
Meister made a public-information request for all e-mails to and from Conoley, Erickson and Council Member Lenny Marks. At several meetings, Meister has said publicly that Conoley did not comply.
Chapman asked the council to conduct a public hearing to determine whether Conoley should be removed from the City Council.
Chapman said Conoley had violated the city charter by interfering with City Clerk Stacy Tebo.
Conoley had questioned Tebo and Seelbinder about “lying” to the City Council on a question regarding the millage rate.
At a later meeting, Chapman brought it to public attention that Conoley subsequently had asked for Tebo’s personnel records.
Chapman said Conoley’s action is malfeasance. He said it violates the city charter, which states no council member “shall in any manner dictate the employment or removal of any employee other than the City Manager and City Attorney ... .”
Chapman said Conoley’s request was intimidation and coercion.
Since the council did not act on Chapman’s request for a hearing to investigate Conoley’s action, Chapman said he will pursue a citizen recall, if he can muster enough support.
He would have to get petitions signed by 10 percent of the registered voters to put a recall vote on the DeBary ballot. That would take around 1,300 signatures.
At the Nov. 18 meeting, Conoley said he never said he wanted to fire Tebo, and he never meant his questioning of her or Seelbinder to be “a big deal.”
The move to hold a public hearing on the mayor’s actions came as a surprise. It also came as the council prepares to interview candidates and hire a new city manager.
In August, Conoley, Erickson and Marks prevailed in the decision to offer the job to Ken Weaver of Tennessee. Garcia wanted to hire Assistant City Manager Anthony Gonzalez, who was acting city manager.
Gonzalez then resigned.
Lenzen favored John Drago of Apopka, and still prefers hiring someone more local.
After Garcia and some residents voiced objections to Weaver, Weaver withdrew his acceptance of the job offer.
The city hired former Ponce Inlet City Manager Kassandra Blissett as interim city manager while they advertised the job again.
Now, 86 applications have been received, including another from Ken Weaver. He is likely to reappear as a finalist.
A special meeting is set for 6 p.m. Monday, Dec. 7, to discuss the candidates.
All City Council meetings are at City Hall, at 16 Colomba Road.
Reader Comments
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Mr. Conoley is right about one thing and this is that city governemnt is on the lower end of the food chain. The people who do get in office for all the good reasons morph their intentions into a Frankenstein monster so to speak. We the people are the band of fire carrying self righteous people that want to make judgement on this monster that has no idea but the perception that everybody hates him.
We all are the blame for the actions that are taking place and both sides have gone so far as to have no option out. It comes down to the power of the people against the power of government and we all know who usually wins this battle.
Is there a good side or a bad side? It depends on what side of the table you are sitting. Only time will tell if the actions of tomorrow will be of a positive or negative consequence for the citizens of DeBary. One thing is for certain, that when the smoke is clear, more than likely you will have no winners but a divided city instead.
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