Deltona defers change to commissioner voting language pending Attorney General and Ethics opinions

The Deltona City Commission voted 5-2 to defer consideration of proposed changes to charter-related sanctions for commissioners until the city receives an advisory opinion from the Florida Attorney General and, potentially, the Commission on Ethics.

City staff identified the item as "Item 9A," a revision to the city's code (Chapter 2, Administration, section 2-380) that would amend the wording governing participation of a commissioner charged with a violation. The proposed text would retain the commissioner's ability to "take part in all matters relating in any way to the charge," but would add that the commissioner "may not participate in the making of a motion, second, or voting on the charge." City attorneys noted the charter already treats the mayor as a commissioner for purposes of interpretation but said staff could explicitly add the word "mayor."

Commissioner Howington moved to defer the item until the city receives advisory opinions; Commissioner Lully seconded. Commissioners who supported deferral said they wanted guidance on whether state ethics law (Chapter 112) or an Attorney General opinion would affect the validity of the local ordinance. Opponents said discussion could proceed without delaying the item and that an advisory opinion is not binding. The motion to defer passed 5-2.

Why it matters: The proposed change would alter how the commission handles internal sanction proceedings and could affect due-process and voting outcomes in future ethics or charter violation matters. Commissioners cited Chapter 112 of the Florida Statutes and prior Attorney General guidance in explaining their concerns.

Next steps: Staff will return the item to the agenda when an advisory opinion from the Attorney General and any guidance from the Commission on Ethics are available, per the motion.