……… Appointed District III City Commissioner Robert Mckinzie is being challenged in court over his qualifications to run for the seat in which he temporarily sits.
…….. There was a second hearing this morning in front of Judge Carlos Rodriquez.
The plaintiffs, two residents of District III, claim that Mckinzie doesn’t meet the qualifications for the March election – to wit:
1. He actually lives in Plantation
2.) By City Charter, an appointed Commissioner can not run for the seat
3.) On his qualifying application, Mckinzie didn’t sign it!
……….. Judge Rodriquez postponed the hearing until next Tuesday, as at today’s hearing Mckinzie’s lawyer was absent ( he was deer hunting upstate), and the Judge wanted Supervisor of Elections Brenda Snipes at the hearing . ..
3 Replies to “Commissioner Mckinzie Saga Continues”
There is even more complications here. The City Charter states:
When there shall EXIST a vacancy or vacancies in the office of city commissioner, and less than eighteen (18) months ensue before the time provided under this charter for holding the next regular triennial municipal primary, then such vacancy or vacancies for the unexpired term shall be filled by appointment by resolution adopted by a majority of the REMAINING members of the city commission; and the person or persons so appointed must possess all of the qualifications of a member of the city commission.
The material fact is, DuBose voted for his own successor. To be eligible to vote as a commissioner, he would have to be a commissioner, meaning that no vacancy existed when he voted for his own successor. The question is: can he do that under prevailing law? I think the argument can be made that he can’t.
The law seems pretty clear on this. Regardless of intent, you can’t travel with an unsigned passport, you can’t own a house with an unsigned dead, you can’t cash an unsigned check – so how can McKinzie get on the ballot with an unsigned oath. This is a fatal flaw.
As to his residency – McKinzie and his wife own a 5/3 in Plantation (they have four kids). He pulled a legal maneuver where it is a homesteaded property but the homestead portion is only in his wife’s name. McKinzie is very community oriented – he serves as VP of the homeowners association in Plantation where his wife has her homestead. Maybe that’s why he didn’t sign the oath. McKinzie stated to the City Commission that he has moved several times to run for elections in different communities……..the word Carpetbagger comes to mind – as the dictionary describes: “In the United States, the term is still used, usually derogatorily, to refer to individuals, especially politicians, who move to different states, districts or areas for economic or political gain”
What was that McKinzie said at Conference meeting last week???? They were talking about selling and/or using surplus lands for affordable housing and he said “You wouldn’t want those properties to fall into the hands of a guy like me”. Was that a premonition???????
Looks like not to many of your bloggers are interested in this issue.
That is a shame.
Each district is a vital part of the whole.
I was surprised by the judges’ ruling, but the law and ethic sometime have a long bridge between them.