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News (Media Awareness Project) - US FL: McClellan Removed From Hampton Post
Title:US FL: McClellan Removed From Hampton Post
Published On:2001-07-19
Source:Bradford County Telegraph (FL)
Fetched On:2008-01-25 13:30:44
MCCLELLAN REMOVED FROM HAMPTON POST

The office of Governor Jeb Bush has issued an executive order of removal
for Hampton City Councilwoman Diane McClellan.

The removal is the result of McClellan's plea of nolo contendere (no
contest) to a charge of one count of sale of a controlled substance
(marijuana) within 1,000 feet of a place of worship. The arrest for this
offense took place on Oct. 14, 1998, with charges filed on Oct. 22, 1998.
McClellan entered her plea on Feb. 6, 2001.

The official document, signed by Florida Governor Jeb Bush, stated that,
"It is in the best interest of the residents of the City of Hampton,
Bradford County, and the citizens of the State of Florida that Diane
McClellan be removed from the public office she has held."

The document, dated July 13, is effective immediately.

McClellan's husband, Darnell Rhea, has responded to the action in a letter
to Bush dated July 15.

Rhea states in his letter that the procedure for removing a public
official, as written in the Florida statutes, was not followed in
McClellan's case.

According to Rhea's interpretation of the statutes, a public official may
be suspended from office if arrested or "informed against," and then later
removed if they plead no contest or are convicted.

Rhea states that no action was taken by the governor when informed of the
charges against McClellan in a letter last September and that Bush's
failure to take action then precludes him from doing so now on the same
charges.

Rhea asked that, in light of the "irregularities" he cites in his letter,
that either the executive order against McClellan be recalled or that she
be appointed to the seat on the Hampton City Council left vacant by that order.

Hampton City Attorney John E. Maines IV said he felt sure that "the
governor is fully informed as to his powers to remove public officials who
have plead guilty to felonies and also that the intent of the legislature
to allow such removals was clear in the statues."
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