WELLINGTON, Fla. — WPTV learned Thursday night that Wellington Village Mayor Michael Napoleone is on the short list to become the next Palm Beach County Attorney.
His consideration to leaving the position, after voters gave him more than 80% of the vote last March, hasn’t been previously reported until Thursday. We started pushing for answers after we learned Napoleone applied to become a county attorney and is being interviewed for the job.
Napoleone confirmed to WPTV with a statement saying, "I'm honored to be on the final interview list. Right now, I'm letting the process play out. I'm focusing on the jobs I have now and will make a decision as to everything else after the Commission makes their decision."
In the state of Florida, it is illegal for an individual to hold two government offices at the same time.
WPTV reporter Michael Hoffman reached out to the Village of Wellington to ask if Napoleone would have to step down as mayor if he takes on the new job with the county.
In a statement provided to Hoffman, the Village attorney said in part:
"There is nothing in Wellington’s Charter or Code of Ordinances that would require the Mayor to resign from his position if he is selected to be the County Attorney. In addition, in AGO 73-337, the Florida Attorney General opined that an elected school board member’s employment as a part-time County Attorney would not constitute dual office holding under Florida’s Constitution…” “ We do not know whether any County policy would require him to resign. Whether he continued in office or not would likely be part of his negotiations with the County. If he did remain as Mayor while also serving as the County Attorney, he would have to be careful to avoid any matters involving the County and Wellington."
Searching for answers, Hoffman spoke with attorney and former Palm Beach County State Attorney Dave Aronberg. He said that while he would likely be allowed to hold both positions, there would have to be precautions taken.
"There's not an automatic conflict of interest here," Aronberg said. "Obviously, if something comes before the County Commission and the attorney's desk that has something to do with the Village of Wellington, or anything to do with himself, personally, he would have to recuse himself, but a blanket conflict, no."
The village also told Hoffman that if Napoleone does step down, it would likely require the municipality to have a special election to fill the mayor's seat since two council seats are up for election as well.
No decision has been made by the county commission at this time.
Napoleone was elected to the mayor's seat in 2024, serving a term intended to go through 2028. The Boca Raton native joined the Village Council in 2015, serving as the first non-sitting council member elected without opposition in the Village's history. He also served as vice mayor from April 2019 to April 2020 and was re-appointed to the position in April 2023.
The current county attorney, Denise Coffman, is retiring in December, according to multiple sources. In her resignation letter she cited "next steps, pathways forward and my family's needs."
