DEBARY, Fla. -- After a trial-like hearing, DeBary City Council members late Wednesday found one of their own violated the charter in May by giving an order to the city clerk, but they opted against removing Stephen Bacon from office as punishment.

Bacon, an 81-year-old retired accountant, hours earlier filed a lawsuit in Volusia County Circuit Court against the City Council in a failed attempt to block his colleagues from judging him during a special meeting that began at 6:30 p.m. It ended at 11:20 p.m.

The first-term council member offered words of contrition before DeBary City Council decided his fate. The charter prohibits council members from giving orders to staffers, saying requests should go to the city manager.

“So, I ask for a little bit of mercy and consideration, and I would actually attempt to improve the situation so that the team effort will be smoother,” Bacon said. “So that’s my plea. Thank you.”

They voted 4 to 1, with Bacon dissenting, for a motion declaring he violated the charter. But they voted unanimously for a motion saying he did not "forfeit his office," meaning he kept his seat.

Bacon, who took office in January 2017, has been publicly admonished by his peers in the past for grandstanding and allegedly harassing the city’s budget director. He frequently squabbled with the previous city manager. 

City Council member Phyllis Butlien offered the harshest criticism, saying she attended ethics training with Bacon, and he's ignored advice to steer clear of staffers.

"Avoid the conflict. Stay away. Deal with your city manager," Butlien said, recalling the key points. "I don't think he thinks he's done anything wrong, and that's a problem for me."

During his tenure on the council, Bacon made failed bids for two of Volusia County’s top jobs, county manager and schools superintendent. Bacon announced, then dropped, a bid for the U.S. House of Representatives, opting instead for a second term on city council just months ago.

He faces a challenge from William Sell in the November 3 election.

On Wednesday, Bacon’s colleagues determined he violated a provision of the city charter intended to prevent elected officials from giving orders directly to staffers -- an offense punishable by removal from office. 

In Bacon’s case, though, his colleagues decided the violation didn’t warrant removal. 

City Council member Erika Benfield strongly encouraged Bacon to apologize in writing to the clerk and IT director who took the brunt of his outburst in May.

Bacon’s violation happened after a May 20 City Council meeting when he told City Clerk Annette Hatch to include a copy of a statement into the official minutes.

When she told him it wasn’t necessary because meetings are recorded, Bacon raised his voice and told her to do her job, according to three staffers who testified under oath during Wednesday’s hearing.

“He was in my face, yelling at me,” City Clerk Annette Hatch testified Wednesday night. “I was afraid.”

Hatch and two other staffers -- IT Director Eric Frankton and Public Works Office Assistant Amy Perkins -- witnessed the exchange, testified and were cross-examined by Bacon’s attorney, prominent Winter Park attorney Jacob V. Stuart Jr.

Stuart, who appeared virtually from Lake Nona, questioned the legitimacy of the process and noted that being “rude” is not against the charter.

Council members are only authorized to give direction as a collegial body to the city manager and city attorney.

A different group of council members four years ago ejected Then-Mayor Clint Johnson for giving the city manager at the time a direct order in violation of the charter. He appealed. A judge upheld the removal.

City Attorney Kurt Ardaman told City Council members Wednesday they can decide whatever punishment they think is right for a colleague who violates the charter.

Mayor Karen Chasez said Bacon’s violation didn’t warrant giving him the boot, despite his troubled history.

“I do not believe that the infraction, while it was a direction, I do not believe, for me, that it was an infraction worthy of reversing the people’s vote..." Chasez said. "So I don’t think it is, for me, worthy of removal.”