Attorneys for disqualified City Council candidate, Linda Hillman, have filed a Motion for Injunctive Relief and Accompanying Memorandum of Law to postpone the City of Vero Beach City Council election until December. Hillman and fellow candidate, Brian Heady, were both disqualified for each leaving a space blank on their candidate application forms. They presented their case for reinstatement to the Canvassing Board on September 20 and it was approved unanimously. The Canvassing Board includes City Attorney Wayne Coment, City Manager Jim O’Connor and City Clerk Tammy Bursick, but not in their capacity as City officials, only as members of the Canvassing Board.
It was then up to City Council to set a new date for the election, allowing Hillman and Heady to resubmit paperwork as well as open a brief qualifying period for any other potential candidates. City Council met on October 2 in a marathon meeting to consider sale of the former Dodgertown golf course, decide on changes to improve beach side parking and rescheduling of the election. The election issue was scheduled last after more than seven hours City Attorney Coment advised Council members to use caution discussing this subject because Hillman had already filed suit. So Councilman Laura Moss read selected passages from the City statute regarding disqualification, passages from a transcript of the Canvassing Board meeting of September 20 and from a letter submitted to Moss from an attorney she hired to advise on the matter. After that, Council decided not to reschedule the election and leave it up to the courts.
Hillman’s attorneys then submitted the Motion for Injunctive Relief to force postponement of the City election. It is now up to 19th Circuit Court Judge Paul Kanarek to decide whether the election should be postponed.