Subject: RE: Forfeiture of Mayor Miller seat and special election
From: Meagan Logan
Date: Mon, October 19, 2020 10:33 am
I am happy to assist in writing the letter, but quite honestly what is the point? The Town is going to spend money to write a letter that really has no effect since Mayor Miller is out of office on October 31. Under the language of the Charter, the Council would notify the Mayor of its intent to declare her seat forfeited. After receipt of the letter she has 7 days to request a hearing. So, if we got a letter out today that she would presumably receive tomorrow, October 20 she could take until next Tuesday, October 27 to request the hearing which would then likely not be scheduled until after her resignation date on Saturday, October 31. Further, the Charter does not say what happens if she does not request a hearing within the 7 days…is she out earlier? I don’t know the answer to that.
Although it was voted on, items that are voted on can become moot by subsequent events and it is my opinion that is exactly what happened here. The Council voted, she resigned and so we can send her the letter required by the Charter, but it is really just extra work for the same result. With that being said, if there is a desire to write and send the letter, please let me know and I will prepare it.
I will work with Shonda on the timing of a special election and contacting the Supervisor of Elections to discuss same, but would suggest that in light of both resignations which occurred after the last regular meeting, the Town Council needs to call for a special election as set forth in Section 4.01 of the Charter.
Hope this helps. Let me know your thoughts. Thanks,
Meagan L. Logan – Meagan@DouglasandCarter.com
Jacksonville (904) 201-8226
Lake City (386) 752-5511
Mailing Address: Jacksonville Office:
177 NW Madison St. 2519 Oak St.
Lake City, FL 32055 Jacksonville, FL 32204
Sent: Friday, October 16, 2020 3:23 PM
To: Meagan Logan
Cc: Swerts@whitespringsfl.us; firstname.lastname@example.org; email@example.com; firstname.lastname@example.org; email@example.com
Subject: Forfeiture of Mayor Miller seat and special election
Good afternoon Megan,
I am writing to inquire as to who is responsible for writing the letter of forfeiture to Mayor Miller, concerning the 3-5 vote to forfeit her seat for malfeasance, misfeasance and for a vote of no confidence . Although Mayor Miller has stated that she was resigning October 31, 2020, we still need to follow the proper procedures because it was voted upon.
Also, I would like to know what we need to do and how soon can we start working on the special election?
Thank you for your prompt response
Nicole B Williams