HomeMy WebLinkAboutR-20-09 Governor to InterveneRESOLUTION R-20-09
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, REQUEST GOVERNOR RON DESANTIS TO INTERVENE AND REMOVE
COUNCIL MEMBER DAMIEN GILLLAMS AND COUNCIL MEMBER PAMELA
PARRIS. IMMEDIATELY AS A RESULT OF COUNCIL MEMBER GILLIAMS
ARREST ON JUNE 16, 2020 FOR THREE (3) COUNTS OF VIOLATION OF THE
SUNSHINE LAW, F.S. 286.011(3) (A) AND ONE (1) COUNT OF PERJURY; COUNCIL
MEMBER PARRIS WAS ARRESTED ON JUNE 16, 2020 FOR ONE (1) COUNT OF
VIOLATION OF THE SUNSHINE LAW, F.S. 286.011 (3) (A) AND ONE (1) COUNT OF
PERJURY; PURSUANT TO ARTICLE IV, SECTION 7(A), OF THE STATE
CONSTITUTION; PURSUANT TO SECTION 112.51 (1) AND (2), FLORIDA STATUTE;
AUTHORIZING CITY ATTORNEY TO SEND THE GOVERNOR'S. OFFICE A
LETTER REQUESTING TO REMOVE TWO (2) COUNCIL MEMBERS; PROVIDING
FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Council Member Damien Gilliams was arrested on June 16, 2020 for three
(3) counts of violation of the Sunshine Law, F.S. 286.011(3) (a) and one (1) count of perjury;
and
WHEREAS, Council Member Pamela Parris was arrested on June 16, 2020 for one (1)
count of violation of the Sunshine Law, F.S. 286.011(3) (a) and one (1) count of perjury; and
WHEREAS, Florida Statute Section 112.51 (1) state that "by executive order stating the
grounds for the suspension and filed with the Secretary of State, the Governor may suspend from
office any elected or appointed municipal official for malfeasance, misfeasance, neglect of duty,
habitual drunkenness, incompetence, or permanent inability to perform official duties;' and
WHEREAS, Florida Statute Section 112.51 (2) state that "whenever any elected or
appointed municipal official is arrested for a felony or for a misdemeanor related to the duties of
office or is indicted or informed against for the commission of a federal felony or misdemeanor
or state felony or misdemeanor, the Governor has the power to suspend such municipal official
from office;' and
WHEREAS, The Governor's authority in accordance with Article IV, section 7(a), of the
State Constitution, states that the Governor is authorized to suspend any state officer not subject
to impeachment or any county officer on any of the following grounds: malfeasance,
misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official
duties, or commission of a felony; and
WHEREAS, Council Member Damien Gilliams and Council Member Pamela Parris
actions which lead to their arrest on .Tune 16, 2020 amount to malfeasance and incompetence;
and
WHEREAS, City of Sebastian City Council seeks Governor Ron DeSantis to intervene
and remove Council Member Damien Gilliams and Council Member Pamela Parris immediately
RESOLUTION R-20-09
in accordance with Article IV, section 7(a), of the State Constitution and Section I I2.51 (1) and
(2), Florida Statute, as a result of Council Member Gilliams arrest on .Tune 16, 2020 for three (3)
counts of violation of the Sunshine Law, F.S. 286.011(3) (a) and one (1) count of perjury; and
Council Member Parris arrested on June 16, 2020 for one (1) counts of violation of the Sunshine
Law, F.S. 286.011(3) (a) and one (1) count of perjury which amount to malfeasance and
incompetence.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, as follows:
Section I. Ratification of Recitals. The foregoing recitals are hereby ratified and
confirmed as true and correct and are hereby made a part of this Resolution.
Section 2. Authorization. The City Council hereby authorizes, approves, and ratifies that
the City Attorney send a letter to Governor Ron DeSamis to request that the Governor intervene
and remove Council Member Damien Gilliam and Council Member Pamela Parris immediately
IAW Article IV, section 7(a), of the State Constitution and Section 112.51 (1) and (2), F.S., as a
result of Council Member Gilliams arrest on June 16, 2020 for three (3) counts of violation of the
Sunshine Law, F.S. 286.011(3) (a) and one (1) count of perjury; and Council Member Parris
arrested on June 16, 2020 for one (1) count of violation of the Sunshine Law, F.S. 286.011(3) (a)
and one (1) count of perjury in accordance with Article IV, section 7(a), of the State Constitution
and Section 112.51 (1) and (2), Florida Statute which amount to malfeasance and incompetence.
Section 3. Conflict. If any resolutions, or parts of resolutions, are in conflict herewith,
this Resolution shall control to the extent of the conflicting provisions.
Section 4. Severability. The provisions of this Resolution are intended to be severable.
If any part of this Resolution is determined to be void or is declared illegal, invalid, or
unconstitutional by a Court of competent jurisdiction, the remainder of this Resolution shall
remain in full force and effect.
Section 5. Effective Date. This Resolution shall become effective immediately upon
adoption.
The foregoing Resolution was moved for adoption by Council Member N
The motion was seconded by Council Member DOLJ,:f and, upon being put into a
vote, the vote was as follows:
Mayor Ed Dodd
a( e�
Vice -Mayor Charles Mauti
Councilmember Jim Hill
Q_.0 P.
Councilmember Pamela Parris
LbU e.
Councilmember Damien Gilliams
11 Qt.l
RESOLUTION R-20-09
PASSED AND ADOPTED, Mayor thereupon declared this Resolution duly passed and
adopted by the City Council of the City of Sebastian, Florida, this I° day of July, 2020.
ATTEST:
•ancue Williams, City Clerk
CITY COUNCIL
CITY OF SEBASTIAN
By: h 4eT:� .._ .
Ed Dodd, Mayor
APPROVED AS TO M:
army Anion, Jr., Cil/lorney