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By null, Times Staff WriterThe governor orders Marcelo Caruso suspended immediately after charges are filed against him. The mayor says Caruso should have resigned before he was suspended.
OLDSMAR - Gov. Jeb Bush suspended City Council member Marcelo Caruso Monday as a result of felony charges stemming from an incident involving Caruso's estranged wife's boyfriend.
The executive order came down late Monday afternoon.
"It is in the best interest of the residents, the city of Oldsmar and the citizens of the state of Florida that Caruso be immediately suspended from the public office which he now holds," Bush's two-page order said.
It prohibits Caruso from performing "any official act, duty or function of public office" or receiving any pay, "emoluments or privileges of public office" until the another executive order is issued or as otherwise provided by law.
While the city charter calls for the forfeiture of office only after a council member is convicted of a felony or crime, Florida law gives Bush the authority to suspend an elected municipal official once they are charged with a crime.
Caruso, who referred questions to his attorney Monday night, was given the opportunity by the governor's deputy general counsel to resign before the suspension, said Frank McDermott, Caruso's attorney. But he declined.
"He loves the city of Oldsmar," McDermott said. "He loves his position as vice mayor. He is pretty serious about fighting these charges."
Caruso, 31, was arrested Thursday on charges of battery and burglary with intent to commit assault against Loui Martinez, 29, of Pinellas Park, and of grand theft in the disappearance of his wife's car last month. He was released from jail Friday night after posting $60,500 bail.
Mayor Jerry Beverland said he thought this was the first time a governor had suspended a city official in Oldsmar.
"I feel real sorry for him," Beverland said. "I'm sorry for the city. I'm sorry for the council. He should have resigned before he was suspended. He's still my friend. But the city is bigger than any one council member."
The news stunned council member Janice Miller.
"A little town like Oldsmar?" she said. "I'm flabbergasted. I have to mull this over. I don't know what to say."
According to the city charter, the four remaining council members will appoint a replacement to carry out the rest of Caruso's three-year term. That person will remain in the position until the March 2004 election, said City Attorney Tom Trask. The appointment must be done within 30 days of the suspension.
"I foresee someone just making a motion and if that motion fails, someone will make a motion for someone else," Trask said.
Beverland hopes those motions are made at the next meeting on May 6. He said he doesn't want to operate without a full council.
Caruso, and his wife, Michele Caruso, 30, have been involved in a bitter divorce for more than a year and are legally separated. She has primary custody of the couple's 3-year-old daughter, Gabriella.
McDermott said the governor's office told him that if the charges are dropped, Caruso would be back on the council. But there is no telling how long the case could drag out.
No formal charges have been filed by the state attorney's office, and McDermott said he usually waves his clients' right for a speedy trial to give him more time to investigate a case.
On Monday, he filed a not guilty plea on Caruso's behalf.
"He wants to fight this stuff," he said. "He's standing on his plea of not guilty for all of the charges."
- Megan Scott can be reached at (727) 445-4183 or mscott@sptimes.com