Last Updated: Monday, 4:43 p.m.
VERO BEACH — Judge Paul Kanarek removed Vero Beach City Councilman Charlie Wilson from office Monday, ruling Wilson’s interpretation of the city’s charter regarding residency was not reasonable and he was never eligible to run for the seat.
“In this case, the court finds (the charter) is clear and unambiguous, and capable of only one reasonable interpretation,” Judge Kanarek wrote in his ruling.
The judge wrote that Wilson did indeed have to be a resident of the city for at least one year immediately preceding the date of qualifying. Wilson never disputed he was not a resident during that time, but based his run on his interpretation of the residency language in the City Charter. City Attorney Charlie Vitunac said Judge Kanarek’s ruling validates the city’s charter as written.
“Future candidates would be well advised to be” residents a full year immediately prior to qualifying, he said.
Winning attorney Buck Vocelle said the judge vindicated his position that Wilson had no business running for office.
“I think the judge made the right decision,” Vocelle said. “He agreed with what we argued.”
With Wilson’s removal from the dais the remaining four councilmen will discuss Tuesday how to fill his now-vacant seat.
Wilson said after the ruling that he and his attorney, Charles Sullivan Sr., will take the next couple days to decide what they might do next. He has 30 days to appeal the judge’s ruling.
“The cost of legal action may be prohibitive,” Wilson said. “So our appeal may be directly to the public next year when the residency issue cannot once again be used to overturn the will of the voter.”
The judge favored Vero Beach resident Dian George, who filed the lawsuit claiming that Wilson was not qualified to run over the eligibility issue.
“Because Mr. Wilson took the oath set forth below upon being sworn in as a city councilman, he swore to honor, protect and defend the Constitution and the government and thus the laws enacted by the government,” George said in a statement issued through Vocelle. “One must conclude that he would therefore respect and honor Judge Kanarek’s decision.
Wilson had maintained that the city’s charter does not stipulate that the one-year residency be the year just before the qualification date.
“I appreciate the difficult position of Judge Kanarek but believe he was in error and will seek to appeal his decision,” Wilson said.
Brian Heady, who was swept into office along with Wilson last month, said the cause upon which Wilson ran — getting Vero Beach out of the electric business — will not die with his counterpart’s departure.
“Charlie fought on the issue of the utility and his removal will not make that go away,” Heady said. “The Council gets it and they do understand that is an issue that needs to be dealt with.”
Vero Beach Mayor Kevin Sawnick said Monday that for the next few weeks the council will have to figure out how to conduct business with just four members on the dais.
“It’s definitely a difficult situation,” he said, adding he wishes the issue could have been resolved before the election and did not require the removal of a council member.
“We have to move forward,” Mayor Sawnick said.
As for the 1,063 voters who propelled Wilson to the No. 1 position in the election results on Nov. 3, Wilson said he wants them to know their votes did count — for a time.
“There is change in City Hall, and your vote did that,” he said.
During the short time Wilson served on council, the members removed the 3-minute limit on public comment and opened discussions with Florida Power and Light.
