Judge overrules Ocoee city leaders, ruling former commissioner can run for his old seat

Judge overrules Ocoee city leaders, ruling former commissioner can run for his old seat

George Oliver can run for a seat on the Ocoee City Commission, a judge ruled this week, overruling board members who had rejected his candidacy.

Oliver, who in 2018 became the first Black candidate to win a municipal race in Ocoee, filed a lawsuit seeking to be deemed a legal candidate for office ahead of the qualifying period closing at noon Friday. He cited a “tortured interpretation” of the city’s charter, when a city attorney told the city council they could vote to disqualify Oliver because he previously resigned from the seat he sought to occupy.

Circuit Judge Brian Sandor granted Oliver a temporary injunction Thursday, ruling that he “fully or substantially qualified for election to the City of Ocoee, City Commission District 4.” He also determined Ocoee’s charter doesn’t allow sitting commissioners to judge the qualifications of candidates, but only of already elected members.

Ocoee voters who live in District 4 will decide between Oliver and Nate Robertson on March 19, 2024.

Oliver said he was pleased with the ruling and insisted it “was personal,” when the city council tried to keep him from qualifying to run again. But, if elected, he said he’d be able to work together with them to improve the city 12 miles west of downtown Orlando.

“I’m willing to work with anyone,” he said. “It will be up to them.”

Oliver was elected to the seat in 2018 and 2021, but resigned the post in March of this year to run for Mayor. Florida’s resign-to-run law requires elected officials to vacate their current office to run for another. Oliver ultimately lost to incumbent Mayor Rusty Johnson.

A month after Oliver resigned from the council, city commissioners appointed Ages Hart, a pharmacist and Black pastor, as an interim replacement until a special election could be held.

The city’s charter requires special elections to be held within 90 days of a vacancy, but the city council deferred the race until March 19, 2024, citing financial concerns and to line up with Florida’s presidential primary.

Last month the city council voted 4-1 to accept the city attorney’s interpretation of the charter, which disqualified Oliver as a candidate – essentially arguing that Oliver couldn’t succeed himself.

Hart was the lone vote in opposition, saying, “I’d like to see us go through and let the voters decide who sits in this seat.”

Hart didn’t file paperwork to qualify run for the seat. The winner will serve a one-year term until a 2025 election, when a full four-year term will be on the line.

rygillespie@orlandosentinel.com