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Committee rewrites removal, suspension and vacancy language to fit state law and add censure option
Summary
After lengthy debate, the committee agreed Dec. 15 to remove or reword charter language implying the council can unilaterally remove or fine members; it added a censure mechanism, clarified grounds for recommending removal to the governor, and resolved to consult the city attorney on suspension authority.
Members of the Palm Coast Charter Review Committee spent much of the Dec. 15 meeting revising how the charter addresses removal, suspension, censure and filling vacancies.
The group agreed the charter must avoid language that suggests the city council alone can remove an elected official. “The council doesn’t have the legal authority to do it,” a member said while discussing a sentence that read the mayor “shall forfeit his or her office upon determination by the council.” Instead, members resolved to change the draft so the council may hear evidence, vote to recommend removal or request action, and forward findings to the governor or follow recall procedures in state law.
Because state law precludes municipal monetary fines for elected officials, committee members proposed adding censure as a lesser sanction and suggested using a supermajority threshold for that remedy to discourage politically motivated use. The draft also lists five grounds that could support a removal recommendation: failure to maintain qualifications, conviction of a felony, certain misdemeanors tied to official duties, violation of adopted city standards of conduct or the Florida Code of Ethics, and repeated unexcused absences.
The committee asked staff to have the city attorney review whether the council can suspend members or whether suspension must also be sought from the governor; until that legal check, the committee will frame the charter language to require evidence and a formal recommendation rather than direct council removal powers.
Why it matters: these sections define how Palm Coast holds elected officials accountable and how vacancies are filled. Members emphasized due process and alignment with state removal and recall procedures.
Next steps: staff will redraft the removal/suspension/censure language to remove any suggestion the council can itself remove officers, include a censure provision with a supermajority threshold, and return with attorney guidance before the next committee meeting.
