A Cape Coral councilmember who was arrested earlier in the week on several felony charges stemming from alleged false information and other activities related to her election was suspended by executive order of the governor.
An arrest warrant was issued Monday for Councilmember Patty L. Cummings that charged her with three third degree felonies: Fraudulent Application for Driver License and two counts of False Swearing in Connection with or Arising Out of Voting or Elections.
In the wake of her arrest, Cummings had vowed to retain her seat and leave legal matters up to the courts and voters.
"As for now, if anyone wishes for her not to participate on behalf of her constituents, you will need to beat her in an election," her attorney, Paul Cisco of Tampa, said in a release to local media on Wednesday afternoon. "She and her counsel will handle this professionally and according to Council Member Cummings’ inherent legal Rights."
But that vow was thwarted Thursday shortly after 6 p.m. when a release was issued saying Governor Ron DeSantis signed Executive Order 23-228 (Executive Order of Suspension), suspending Cummings from her position as City Councilwoman of the City of Cape Coral.
The executive order said, in part: "WHEREAS, article IV, section 7(c) of the Florida Constitution provides that, by order of the Governor, any elected municipal officer indicted for crime may be suspended from office until acquitted; and
WHEREAS, section 112. 51(2), Florida Statutes, provides that the Governor may suspend from office any elected municipal officer who is indicted or informed against for the commission of a federal felony or misdemeanor or state felony or misdemeanor;"
Within minutes of the order being issued, the City of Cape Coral Council said it would hold a Special Meeting at 3 p.m. Friday.
"The Special Meeting agenda topic is as follows: Office of the Governor Executive Order #23-228 Suspending Councilmember Cummings and the City’s procedural responsibilities pursuant to Florida law and the City Charter," the city notice said.
Cape Coral Mayor John Gunter also planned a press conference late Thursday concerning the Governor’s Executive Order that suspends District 4 Councilmember Patty Cummings.
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