This fellow is an old gent, but he is also a lawyer and seems to think its funny that his ridiculousness might cost his town money in court.
Councilman-elect Basil Dalack, 76, a Korean War veteran, won an uncontested election to fill a vacancy on the five-person council of the southeast Florida town of Tequesta.
But he is refusing to take the oath of office -- due to be administered on Thursday -- because the oath requires him to "support, protect and defend" the government. His decision comes at a time when polls show ebbing support for the war.
I found some local items on the story. He is even offering up his own oath, but the current oath is widely accepted. He is going on about the difference between supporting the government versus supporting the Consitution. Great point - but the old bat might have though of that before accepting the position.
Everyone gets their 15 minutes, I suppose. Then they should just move the old fellow along.
Dalack, 76, would have been sworn in with two other officials, but he refused to swear to the village oath alongside Mayor Jim Humpage and Councilor Geraldine Genco, recently re-elected to office.
The council can now decide to begin the process of replacing Dalack in the seat.
"It is an honor for us to serve our village, and we serve it in a non-political manner," Genco said. "I truly respect anyone's right to wish peace in the world. But what has happened has taken away from what we're doing here tonight."
Dalack's version of the oath would have allowed him to swear to support the U.S. Constitution but not the governments of the United States and the State of Florida.
"You can't keep doing this in the 12th hour," Humpage scolded Dalack in the meeting when Dalack tried to present his revised oath.
"You're only entitled to take one oath," Village Attorney Scott Hawkins said. "This was adopted by the people."
Dalack, a semi-retired attorney, said he still has hopes for his federal suit against the village.
"If you don't resolve this tonight, don't complain that Dalack is costing the village money by going to court," he wrote in a prepared statement for Thursday's meeting.
"Make no mistake, if you don't end this right now, you will be costing the taxpayers a lot of money to pay for high-priced lawyers to fight me tooth and nail; it will cost me only my time . . . and I can represent myself in the Supreme Court, if push comes to shove," the statement said.
Dalack was the only qualifying candidate for the village council seat he would have filled.
"It saved the taxpayers money," he said of his automatic re-election.
"Without the voters, (he) would not be in office," Tequesta resident Royce Hood said, suggesting a petition of "no confidence in Dalack" to express the voice of the people.
"Everyone has a right to his opinion," Dalack has said.
U.S. District Judge Donald Middlebrooks on Wednesday told Dalack the oath refers to the government process and not a particular office holder or policy. Middlebrooks said there was not much likelihood of success of changing the oath based on the merits of the case.
Dalack's suit claims the charter oath "to support the state of Florida and the United States governments" conflicts with his constitutional rights of free speech.
"I can't make them do anything," he said of the possibility councilors would now appoint someone to his seat. "I still have the opportunity to convince the judge. I'm going to do my best."
Dalack has called the war in Iraq immoral and has proposed a resolution to impeach President Bush. Councilors did not support such a resolution.
Councilor Pat Watkins called the resolution "an affront to the memory of Col. Ed Resnik," a deceased decorated U.S. Marine whose seat Dalack would fill.
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