4/15/06 Antiwar councilman-elect attends meeting under police protection BY JENNIFER SORENTRUE Palm Beach Post
TEQUESTA - Under heightened security, Councilman-elect Basil E. Dalack arrived at Thursday's village council meeting armed with his own oath of office -- one he believes in and will swear to uphold.
Dalack, who arrived and left the meeting in a police cruiser, refused to take the village's one-sentence oath, which he has said would amount to expressing backing for the Iraq War.
Instead, he offered his own version, which would not require him to ''support, protect and defend'' federal and state governments.
''I am proposing peace,'' Dalack told the board. ``You can choose peace, or you can choose to carry this on.''
Village officials chose to not consider Dalack's oath. They have said they can't modify the village's current oath because it is part of the charter.
''This is over,'' Village Attorney Scott Hawkins said. ``You are only entitled to take [the] oath that was adopted by the people.''
Dalack's dispute has gained national attention and put the spotlight on this tiny waterfront community. Village officials said they have received roughly 25 phone calls a day since Dalack filed a lawsuit last week alleging the oath violates the Constitution.
About a dozen e-mails on the matter were on file in the village clerk's office Thursday. None backed Dalack's position, although he says many people support him.
At the meeting, police searched bags and scanned people with a hand-held metal detector before they entered the building. Officers stood near Dalack as he spoke to a crowd of reporters about his version of the oath. He said he modified the statement after a federal judge held an emergency hearing in the case Wednesday.
Dalack's version would require him to swear only that he would ``commit to perform my public duties lawfully and respect the general republican structure of government.''
He would also vow to support the federal and state constitutions.
About 100 people attended the meeting, but only two spoke out against Dalack's position.
Royce Hood, 23, of Tequesta, told the council he plans to start a petition calling for a ''vote of no confidence'' against Dalack. ''He's looking for his 15 minutes of fame, and he just got it,'' said Hood, who plans to run for Dalack's seat if his petition is successful.
Despite the controversy, two council members were sworn into office Thursday night under the current oath.
''It's an honor for us to serve our village,'' Councilwoman Geraldine Genco said before taking the oath. ``What has happened has really taken away from our purpose of being here tonight.''
The Florida Constitution requires county and state officials to swear to ``support, protect, and defend the Constitution and Government of the United States and of the State of Florida.''
A federal ruling in Dalack's favor could open the way for someone to legally challenge the wording of Florida's oath, according to Miami attorney Edward Guedes, who is representing the village.