Recall vs Palmetto Bay Councilman Steve Cody is officially dead on arrival

Reality check: Recalls are hard, refunds are easier

Remember the outrage? The packed chambers? The calls for political exile?

Well, the recall train aimed at Palmetto Bay Councilman Steve Cody over a social media post after the assasination of conservative firebrand Charlie Kirk just derailed — before it ever left the station. And not with a bang. With a refund.

Campaign finance reports filed last week show the Recall Steve Cody political committee created to bounce the councilman from his seat, has officially closed and returned every single penny it raised — all $7,500 of it — back to every single contributor.

The recall is now officially dead. Not paused. Not delayed. Not “under reorganization.” DOA. Before it could walk a single step to get a single signature.

This, of course, comes after last year’s now-infamous meltdown at Palmetto Bay Village Hall, when residents stormed the chambers demanding Cody resign over his social media post, in which he wrote: “Charlie Kirk is a fitting sacrifice to our Lords: Smith & Wesson. Hallowed be their names.” It was just hours after the shocking assassination was caught live at a university campus in Utah ad he quoted Kirk from something he said in 2023: “I think it’s worth to have a cost of, unfortunately, some gun deaths every single year so that we can have the Second Amendment to protect our other God-given rights.”

Was it insensitive? Sure. Was it on the mark. Also, yes. Did Cody have the God-given right to post that on his personal Facebook page? Absolutely.

But his nemesis, Councilman Mark Merwitzer — who really started the recall and donated to the PAC (but got it back) — helped pack the chambers with people who called for Cody’s resignation and threatened a recall. At the time, residents vowed they would not rest until Cody was gone — one way or another.

But governing by outrage turns out to be easier than governing by signatures. And the same residents who filled council chambers with demands and speeches couldn’t sustain the momentum once the cameras left.

Because a recall isn’t fueled by anger. It’s fueled by logistics, which are boring and hard. Recalling an elected official requires more than fury and Facebook posts. It takes organization, manpower, money and patience.

“It’s an incredibly tall mountain to climb, politically speaking,” Merwitzer told Political Cortadito.

Under Florida law, recall supporters would have needed signatures from at least 10% of registered voters — around 2,000 petitions — in a month’s time. That’s not a protest. That’s a full-time job.

And judging by last week’s campaign finance report, it was a job nobody wanted badly enough to finish.

*Protestors outside Village Hall in September*

“When the recall committee came together, we fundraised, evaluated what state law required, and ultimately decided not to proceed,” Merwitzer said. “By the time we’d done that analysis, the September intensity had faded into the holidays, and the window had realistically closed.”

Turns out outrage has a shelf life.

Merwitzer explained that the official reason couldn’t be the Charlie Kirk comments, even though that’s what he was counting on to get the masses excited. No, by state law, a recall is only permitted based on malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform duties, or conviction of a felony involving moral turpitude.

The reason the vice mayor considered was a fight last year over public records Merwitzer asked for about communications between Cody and lobbyist Jorge Luis Lopez, who Merwitzer got fired from the village. Cody told the village clerk that he needed to be paid $2,500 – or $250 an hour — before he could begin looking for the records.

“I do not have a staff person working under my personal direction,” Cody, who was once an attorney, wrote in the June 2025 email. “Moreover, under our Charter, I may not direct any Village staff person to perform any task. The breadth of the request may require me to expend hours on my own time reviewing documents, including personal documents, to see if they are: (1) public records; (2) whether they are responsive to request that Merwitzer has made; and (3) whether any statutory exemption exists.”

Said Merwitzer: “This is an elected official demanding a personal payment from a constituent to comply with public records law. The Village Attorney had to intervene.

“Cody and I have our disagreements in court and on the dais. But the public records law doesn’t have exceptions for political disputes, nor does it allow councilmembers to demand personal payment for compliance. Public officials have to comply with public records requests,” Merwitzer told Ladra.

Lopez is Cody’s own personal attorney as well, the councilman explained. “I had to ensure that nothing that is privileged is revealed,” he told Political Cortadito. “The vice mayor was doing that just to try to embarrass him.”

Cody eventually turned over the items without being paid. He was just being his usual difficult self. And probably because the two council members have a long-running beef. Cody challenged Merwitzer’s voting authority after he said the swearing-in wasn’t official. But a judge in January disagreed, calling it a “wholly fabricated controversy lacking any factual or legal foundation,” that existed “only in Plaintiff’s own mind.”

But there’s still shade. Cody has another lawsuit against Merwitzer for, get this, refusing the provide public records about his communications with a developer (more on that later).

And there’s no sign that the feud is running out of steam. While Merwitzer admitted that he didn’t have the momentum on his side at the moment, there’s hope for an eventual recall. Cody has three whole years left in his term and he’s bound to offend somebody else.

“I expect other opportunities for accountability will present themselves,” Merwitzer said. “Cody has a pattern, and patterns tend to repeat.

Said Cody: “The vice mayor is licking his wounds. He failed and he failed terribly and he did not collect signature One.

“He has to put his spin on it.”

This kind of independent, government watchdog reporting is crucial to transparency and democracy. And more so every day. Help shine a light on the darker corners of our community with a contribution to Political Cortadito. Click here. Ladra thanks you for your support.

Recall vs Palmetto Bay Councilman Steve Cody is officially dead on arrival added by Ladra on April 15, 2026
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