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April 13, 2006
Smackdown in Palm Beach!
Imagine a newly elected government official who refuses to take the Oath of Office because it supports the Federal Government.
In March, Basil Dalack was the only qualifying candidate for an open Tequesta Village Council seat. He ran unopposed, and of course he won. Now, he refuses to take the Oath of Office and has gone so far as to sue the City of Tequesta to have the Oath declared unconstitutional.
His lawsuit against the municipality claims that he does not support the government and therefore, the village charter oath to support the state of Florida and the United States governments conflicts with his constitutional rights of free speech.
Seventy-six-year-old Basil Dalack, a newly elected Tequesta village council member, is suing Tequesta to have the oath of office declared unconstitutional because it supports the federal government, something he says he doesn’t do. He also wants the words "and government" removed so the oath doesn't reflect that the government must be supported.
Unbelievable. An elected official, a member of the Government, who refuses to support the Government.
Interesting, Dalack took the oath without objection in 1999 when he was first elected to the council. He was defeated in his reelection attempt in 2003 and ran uncontested in February for a seat on the council which had been vacated by a death.
The asshole goes on to complain that his right to freedom of speech is being violated by the oath and if he reads it he would have... "the blood of all those Iraqi and American kids on my hands."
U.S. District Judge Donald Middlebrooks gives Dalack the official smackdown, ruling that the Tequesta Village Council has the power to name someone other than Basil Dalack to its fifth seat if he doesn't take the oath at tonight's council meeting.
"You've got to come to your own conclusion about the oath," Middlebrooks said at the emergency hearing in West Palm Beach. In ruling against Dalack's request, he said the village oath refers to government process and not a particular office holder or policy.
"I don't think there's a likelihood of success based on the merits of the case," the judge said.
Finally, a Judge who knows the law, who'dathunk such a thing existed in liberal Palm Beach County.
State law is very specific that if a public officer does not take and file his oath of office he in essence refuses to serve and vacates the office as a matter of law.
In Florida, prior to performing the duties of public office, the public officer must take and file an oath of office which states that “I do solemnly swear (or affirm) that I will support, protect and defend the Constitution and government of the United States and the State of Florida”.
No oath, no office.
It would be good to get this guy gone. During a council meeting last March, Dalack proposed a resolution calling for the impeachment of President Bush and Vice President Dick Cheney for alleged war crimes. He also proposed a council resolution for troop withdrawal from Iraq.
I tell ya, it gives me hope for my home state.
H/T Government Zoo
Posted by LindaSoG at April 13, 2006 11:01 AM
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Comments
I did a name check on Basshole and it says he is 75 and 76. Hey DaLick, are you padding the resume to make yourself more appealing, you liar?
No oath no job, Get a clue!
Posted by: Dan at April 13, 2006 02:13 PM
too much sun perhaps?
Posted by: jane at April 13, 2006 04:56 PM
too much something, Jane, that's for sure!
Posted by: LindaSoG at April 13, 2006 05:00 PM
I don't see a paycheck for him either! So there - he's an idiot!
Posted by: Greta (Hooah Wife) at April 13, 2006 05:02 PM
I hope he does refuse to take the oath. Who needs a chickenshit assclown like that around? Let him be a martyr for morons.
Posted by: Beth at April 13, 2006 07:23 PM
Way to go Judge Middlebrook
Posted by: The Gentle Cricket at April 13, 2006 08:59 PM