VERO BEACH – Vero Beach City Councilman Charlie Wilson will have to wait until Monday to find out if he will retain his seat on the council dais.
Circuit Court Judge Paul Kanarek announced Wednesday he would file his decision on the Wilson eligibility trial by noon on Monday. If he rules against the councilman, it will be up to the city to determine how best to fill Wilson’s seat. For 3 ½ hours, Kanarek took testimony from a handful of witnesses, including two former neighbors of the councilman, one current neighbor and city officials on the issue if Wilson met City Charter rules for being a resident of Vero Beach long enough to run for office. The charter contains language that says those running for office need to be a Vero Beach resident for a year, which the plaintiff in the case, Dian George, says meant the year before filing for office.
Wilson, who acknowledges he was not a Vero Beach resident for the year preceding his run, claims he has lived in Vero Beach in the past for more than a year, and thus met the charter requirement. He appeared as a witness in his defense, during which he was questioned about two homes he has in his name and where exactly he lives.
Within a couple days before qualifying for the election, Wilson moved into a home he now leases on 36th Avenue, in the city. He maintains a condo on 6th Avenue, outside the city.
Former neighbors Lois Quinn and Christine Foster testified that up until a lawsuit filed against Wilson was announced in the local media, they believed Wilson was still living in his condo on 6th Avenue.
They said they would often see him coming and going from his unit and that his car would be parked in his spot overnight, leading them to believe that he was sleeping there more than he was at his 36th Avenue home.
Wilson’s attorney, Charles Sullivan Sr., cross-examined Foster, asking her about the nature of her feelings for Wilson.
“He’s not one of my favorite people,” she said.
George’s attorney, Buck Vocelle, questioned Wilson over his residence, asking him about the lock box on the city home and the apparent lack of window treatments.
“This was just a sham to run for office,” Vocelle said to Wilson, asking him if that was correct.
Wilson denied the claim and explained that he uses the condo as an office and goes there anytime he wants due to not having a traditional 9 a.m. to 5 p.m. job. He also said that there are window treatments on most the windows, but he couldn’t recall if they were on all.
“I live there,” Wilson said of the 36th Avenue leased home. “I like it” and have people over.
The line of questioning surrounding Wilson’s current place of residence came as a surprise to the defense. Sullivan told the judge from the start that he thought what was being contested was the city’s charter pertaining to the one-year residency requirement.
“This is a trial by ambush,” Sullivan told Judge Kanarek. “We’re at a total disadvantage.”
Former Vero Beach Mayor Warren Winchester was called to the stand to discuss the intent behind the city’s charter regarding the one-year residency requirement. Winchester served as the chairman of the advisory committee that crafted the ordinance in 2005.
During his testimony, Winchester told the court that it was the charter committee’s intent that the required one year of city residency be immediately prior to qualifying as a candidate.
To the committee’s way of thinking, the phrase “as of” meant exactly that, he said.
Later, City Attorney Charlie Vitunac was questioned, and said that he, too, interpreted “as of” to mean “immediately prior.”
He went on to say that there are two interpretations of the ordinance – a rational one that all but one person (Wilson) sees, and another that is “tortured or contrived.”
“To this day, I don’t think there’s a problem” with the ordinance, Vitunac said.
In closing arguments, Vocelle said that Wilson’s leasing a home on 36th Avenue was merely a “ploy to get elected.”
Assistant City Attorney Wayne Coment, who represented the city’s canvassing board in the case, told Judge Kanarek that this case is a matter of fraud.
“That’s what we have here,” he said. “Mr. Wilson was unfair to the voters” and to the other candidates in running when he wasn’t eligible to do so.
Sullivan asked the judge not to overturn the will of the voters. Wilson had won with the most votes.
“The city’s voters have spoken,” Sullivan said.
Before announcing when he’d make his decision, Judge Kanarek addressed the audience.
“I’m concerned, as a voter,” he said, and concerned for the voters. However, Judge Kanarek added that he must rule based on the law and his interpretation of that law.
“Hopefully this courthouse doesn’t become a place where politics gets to make decisions on these sort of matters,” he concluded.
