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Petitions filed; city attorney reads memo saying Commissioner Steven Dembinsky’s seat was vacated automatically when he accepted another public office
Summary
Attorney Waters introduced four petitions filed by Lonnie Groot and read an attorney memorandum (Becky Bowes) stating that Commissioner Steven Dembinsky’s acceptance of an acting police chief position elsewhere automatically created a vacancy under Article II, Section 5(a) of the Florida Constitution; the memorandum described repayment and charter amendment steps taken by the city.
At the Dec. 2 meeting the commission received four petitions filed by resident Lonnie Groot, covering: (1) designating the day after Christmas as a paid holiday for public safety employees; (2) commissioner attendance/moving-in meeting policy; (3) enhanced ethics measures for city government; and (4) questions regarding Commissioner Steven Dembinsky’s absence from office and payment while absent. Attorney Waters explained that receiving the petitions places them on the agenda but requires no action unless the commission moves to discuss.
Attorney Waters then read a memorandum prepared by Becky Bowes of the city attorney’s office responding to the fourth petition. The memorandum states that Commissioner Steven Dembinsky accepted an appointment as acting police chief for another Florida city while serving as a Daytona Beach Shores commissioner and that, under Article II, Section 5(a) of the Florida Constitution (dual office holding prohibition), acceptance of a second public office automatically vacates the first office. The memo says the vacancy occurred by operation of law at the moment of the Dade City appointment, that neither Dembinsky nor city officials were initially aware this constitutional consequence had occurred, and that once discovered the city manager promptly notified Commissioner Dembinsky and steps were taken to end the outside service, seek repayment of compensation received during the vacancy period and to clarify charter vacancy procedures (the city adopted an amendment, Ordinance 2025-06, to allow 60 days to fill vacancies consistent with state law and administrative needs).
Commissioners thanked legal staff for a detailed memorandum. Lonnie Groot (the petitioner) was not present for discussion and no public speaker addressed the petitions at the meeting. Several commissioners said they appreciated the transparency of the legal memo and that corrective actions were taken promptly once the constitutional vacancy was identified.
