05/15/2026
So yesterday I made a post and received some push back as to me not being correct about the charter. I also got people speaking badly about the City Manager and City Attorney on how we looked at the law. So, I sought external guidance on a few of the "options" some of our citizens I had, should I "have the stones"....
Thank You Mr. Hammer for reaching out. This memorandum addresses the legal boundaries governing your response to heightened citizen testimony demanding that the City Council initiate an investigation into a specific municipal police officer, under the explicit assumption that the officer has committed no structural infractions and has not been subjected to fault or guilt by Internal Affairs or the Florida Department of Law Enforcement. The citizen proposes that the City Council execute a collective floor motion directing the City Manager to perform this investigation, arguing that the First Amendment protects this demand and that past controversies, such as the censure involving Councilman Chandler Langevin, justify legislative intervention.
This proposed course of action is legally prohibited under the City Charter of the City of Palm Bay and constitutes a direct violation of Florida statutory law. The Palm Bay Charter establishes a strict Council/ City Manager form of government designed precisely to insulate the administrative and public safety workforce from political influence and public clamor. Under this framework, the City Council serves as a purely legislative and policy making body, while the City Manager retains exclusive executive authority over the management, supervision, and discipline of all subordinate municipal employees, including police personnel. The Charter’s non-interference clause imposes an absolute barrier, explicitly commanding that the Council and its members deal with the administrative service solely through the City Manager and prohibiting the legislative body from interfering in any manner with the City Manager's independent judgment regarding personnel operations. A floor motion approved by a majority vote of the Council compelling an investigation into an unblemished officer strips the City Manager of this charter mandated executive discretion and operates as an unlawful administrative command.
Furthermore, the City Manager executing the citizen's proposal against a law enforcement officer triggers the strict procedural mandates of the Law Enforcement Officers’ Bill of Rights under Section 112.532 of the Florida Statutes. This statute explicitly protects officers under investigation by requiring strict adherence to due process protocols, including the mandate that any complaint from an outside person must be in writing and signed under oath before an agency investigation can be validly sustained. By attempting to initiate a high profile personnel investigation from the dais based solely on verbal, unsworn public testimony, the City Council would force the administration into a direct violation of state statutory law. Because the officer maintains an unblemished record free from any findings of fault by Internal Affairs or the Florida Department of Law Enforcement, a politically motivated floor motion targeting that officer violates the statutory prohibition against retaliatory personnel actions and deprives the officer of protected property and liberty interests without due process. Under Section 112.532, officers retain the explicit right to bring civil suits for damages suffered during the performance of their official duties against any individual or organization violating these protections. Consequently, entertaining the citizen's motion exposes the City of Palm Bay and individual council members to substantial civil liability, including federal claims under 42 U.S.C. Section 1983 and state-level defamation actions.
While the First Amendment vigorously protects the citizen’s right to stand at the public comment podium, use passionate or insulting language, and voice grievances against public employees, this constitutional protection does not grant the City Council the reciprocal authority to execute the citizen's demands. The citizen incorrectly conflates their right to speak with your legal capacity to act; an elected official cannot use a constituent’s protected speech as a legal justification to perform an ultra vires act that violates both the municipal charter and state law. To maintain compliance with the law and mitigate municipal exposure, the legally sound response to such citizen commentary requires a complete refusal to entertain any floor motions or legislative directives regarding the officer. The appropriate recourse is to advise the citizen that under the Palm Bay Charter and the Florida Statutes, the City Council is strictly a policy-making body legally prohibited from interfering in personnel matters, and that any specific grievances regarding law enforcement personnel must be formally directed to the Office of the City Manager for lawful administrative review.
Finally, regarding the citizen’s specific rhetoric invoking the prior First Amendment litigation and censure controversy surrounding Councilman Chandler Langevin, the citizen’s adversarial positioning is legally misplaced and factually inaccurate as applied to you. The public record explicitly reflects that when the Council took its previous actions regarding Councilman Langevin, you cast a dissenting "no" vote against that specific resolution and procedure. The citizen’s attempt to paint the entire Council with a broad brush, proclaiming "f***** tyrants, all the same" and asking if "you guys" learned your lesson, it ignores your established voting record on that exact issue. Because you actively voted against the very legislative action that triggered the Langevin First Amendment controversy, the citizen’s adversarial stance toward you lacks any factual or legal foundation. You have already demonstrated a consistent commitment to upholding constitutional boundaries at the dais, and refusing to entertain this citizen's unlawful personnel directive is entirely aligned with that protective record.
