APOPKA, Fla. — On Wednesday, the Apopka City Council did not take up a request to rescind its August 2023 censure of Mayor Bryan Nelson.

What You Need To Know

  • The Apopka City Council declined to take up a request Wednesday to rescind its 2023 censure of Mayor Bryan Nelson

  • Recently, the Florida Commission on Ethics found that there was no probable cause for an ethics complaint filed against Nelson in October of 2023

  • On Wednesday, the current city attorney said that Nelson can try to have a discussion on rescinding the censure brought back up at a later date

The mayor sought to have that censure withdrawn after a report from the Florida Commission on Ethics found he did not have “corrupt intent” when he allegedly misled commissioners about the employment status of the former city attorney.

The report found there was no probable cause for the ethics complaint filed against him in October 2023.

The complaint listed accusations about Nelson’s handling of Attorney Michael Rodriguez’s employment status and city’s use of resources for the Next Step Foundation. It accused Nelson of abusing his power as mayor and called for his removal from the office of mayor.

In the beginning stages, the Commission on Ethics determined that the complaint was legally sufficient and ordered a preliminary investigation for a probable cause determination.

A report from the investigation was released in the spring of 2024.

According to the report, “even after providing his letter of resignation, (Nelson) continued to withhold the truth of the nature of Rodriguez’s employment from the city council during meetings and therefore withheld this information from the public. This action is puzzling. However, the question lies in whether the Respondent had a wrongful intent or did he maintain his belief that he had the ultimate authority regarding the employment of the city attorney.”

“While the attorney opinions offered by (Nelson) were received after his acts to hot terminate Rodriguez before and after his resignation, they appear to confirm his belief that he held the ultimate authority regarding when the end of employment occurred for Rodriguez,” the report continued. “The element of corrupt intent is not present.”

The report also found there was insufficient evidence to prove a violation that he used his position to secure a special privilege “or to obtain a disproportionate benefit for himself or another” in regards to the Next Step Foundation.

During Wednesday’s meeting, a motion was made to table the request to rescind Nelson’s censure, but it did not get a second. No other actions were taken and the censure request died on the floor.

During the meeting, the current city attorney said that Nelson can try to have a discussion on rescinding the censure brought back up at a later date.