Daniel Krueger returns to Lake Wales Commission, as Kris Fitzgerald declared ineligible

Nearly two years of drama for the Lake Wales City Commission ended — apparently — with barely a murmur.

When the commission met Wednesday afternoon for a work session, City Clerk Jennifer Nanek introduced the five members, including Daniel Krueger in Seat 4. Neither Krueger nor any other commissioner commented on the fact that the seat had been empty for the two previous meetings.

It was only during the commissioners’ comment period near the end of the meeting that Krueger and his colleagues obliquely referred to his return.

“It’s good to be back,” Krueger said in a matter-of-fact tone.

And with that, any possibility that former Commissioner Kris Fitzgerald might rejoin the board is seemingly gone.

Wednesday’s meeting culminated a saga that included Fitzgerald’s arrest in 2021, her suspension by Florida Gov. Ron DeSantis, her acquittal at trial last year and her reinstatement by DeSantis in early May — only to be negated before she could rejoin the City Commission.

Lake Wales City Attorney Chuck Galloway told commissioners at the May 16 meeting that Fitzgerald was ineligible to return to her position, pointing to a provision in the city charter stating that any commissioner who moves out of their district vacates the position.

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Galloway said that Fitzgerald had moved from the Seat 4 district at some point during her suspension. Fitzgerald spoke during the public comments at the May 16 meeting, saying that she had consulted with attorneys and planned on “taking this as far as possible to gain the seat back because that's what the voters asked for.”

Public comments are not allowed at work sessions, and it wasn’t clear whether Fitzgerald attended Wednesday’s meeting. She did not respond to a request for comment.

Just before the meeting adjourned, Galloway told commissioners that they needed to sign a form making official that Fitzgerald had abandoned her seat. He said the city charter required that formality.

No one mentioned Fitzgerald by name during the 22-minute work session. It was only after the commission had covered its agenda that the members noted Krueger’s return.

“Welcome back,” said Commissioner Daniel Williams, in a statement echoed by other members.

“I just have a feeling, hopefully, that we are through — coming through — a lot of turmoil that we’ve endured,” Deputy Mayor Robin Gibson said. “I think we've got a pretty solid base to work from. I’m very optimistic about this, and the Lake Wales Envisioned and the things that are on the horizon.”

Lake Wales Envisioned is a master plan for various revitalization projects throughout the city.

Mayor Jack Hilligoss followed Gibson: “And based on the deputy mayor's comments, I'm going to say, ‘Knock on wood,’ and we are adjourned.”

Galloway then advised the commissioners on the need to sign the declaration of vacancy. The document states that Fitzgerald vacated her position on Dec. 2, 2022. It included a copy of an application in Fitzgerald’s name for residential water service from the city of Winter Haven on that date.

Keith Thompson, the commission’s newest member, asked Galloway, “Are we going to be in any legal issues, because I understood that we had 30 days to act?”

Galloway said the 30-day deadline applied to DeSantis’ original order suspending Fitzgerald and “doesn’t relate to this situation.”

All five members signed the declaration.

Polk County Sheriff’s Office deputies arrested Fitzgerald in June 2021, alleging that she used a gun to threaten an 11-year-old boy whom she'd picked up without his parents' permission. An arrest affidavit alleged that Fitzgerald confronted the boy about an incident involving her daughter, then 13.

DeSantis issued an executive order about a month later suspending her from office. The governor cited a state rule saying an elected official indicted in a crime may be suspended from office until acquitted.

Fitzgerald was found not guilty in October on two charges, interference with custody and aggravated assault, after a two-day trial overseen by Circuit Court Judge Lori Winstead in Bartow. Seven months later, DeSantis signed an executive order on May 10 revoking his previous order and reinstating Fitzgerald to the City Commission.

When the City Commission held its regular meeting on May 16, however, the chair for the Seat 4 commissioner remained vacant. Fitzgerald, 43, spoke during the public comments section of that meeting, saying she disagreed with the denial of her reinstatement.

“I feel like it's unethical and unjust — now, again, not just for myself, but again, for voters that went out and voted,” Fitzgerald said.

She said that her life had been “turned upside down” by the arrest, the trial and her suspension from the commission.

“Because my work was disrupted, I was not working for two years,” said Fitzgerald, a counselor. “I couldn't work under my license. I couldn't work with anyone under the age of 18.”

She said she had to leave her home in District 4 for financial reasons and asked that the commission give her time to return to the district. Hilligoss was absent from the May 16 meeting, but Gibson, a lawyer, said the city charter allowed no option for her to rejoin the commission.

In his most recent order, DeSantis wrote that Fitzgerald was entitled to back pay for her lost time on the City Commission. That will now cover only the period before her move, Galloway said at the previous meeting. Nanek said Wednesday that the city hadn't yet determined the amount owed to Fitzgerald.

Fitzgerald gained election to the City Commission in April 2021, defeating incumbent Al Goldstein by a mere 32 votes. Following her suspension, the City Commission appointed Hilligoss to replace her.

Hilligoss successfully ran for mayor last year, and Krueger captured the election for Seat 4, receiving 51.9% of the vote to beat James Loydd.

Krueger’s return occurred less than a month after Thompson joined the commission, having won election in Seat 3 to succeed Terrye Howell. Gibson was also sworn in for a fourth term at the May 2 meeting after repelling a challenge from Danielle Pride Gibson in the Seat 5 race.

Gary White can be reached at gary.white@theledger.com or 863-802-7518. Follow on Twitter @garywhite13.

This article originally appeared on The Ledger: Krueger rejoins Lake Wales Commission; Fitzgerald options seem finished