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HomeMy WebLinkAboutResolution_32-06/07_01/11/2007RESOLUTION N0.32-06/07 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, DECLARING SEAT 5 OF THE VILLAGE COUNCIL TO BE CONSTRUCTIVELY VACANT AND PLACING IT ON THE BALLOT FOR THE MARCH 2007 GENERAL ELECTION OF THE VILLAGE OF TEQUESTA AND AUTHORIZING THE VILLAGE CLERK TO DISSEMINATE TO POTENTIAL CANDIDATES THE ELECTION MATERIALS DESCRIBED HEREIN. WHEREAS, Basil E. Dalack was elected by the residents of the Village to Seat 5 of the Village Council in the March, 2006 election; and WHEREAS, subsequent to the election, Mr. Dalack made it known to the Village that he would refuse to take the oath of office required by section 2.03 of the Village Charter (the "Oath"); and WHEREAS, Mr. Dalack instituted that certain action against the Village styled, Basil E. Dalack v. Pillage of Tequesta, Florida, Case No. 06-80342-CIV- Middlebrooks/Johnston (the "Lawsuit"), in which Mr. Dalack sought to have the Oath declared unconstitutional; and WHEREAS, the Village defended the Lawsuit, and the United States District Court for the Southern District of Florida granted final summary judgment in the Village's favor declaring the Oath to be constitutional; and WHEREAS, Mr. Dalack has appealed the decision of the district court to the United States Court of Appeals for the Eleventh Circuit, which appeal currently remains pending and is currently scheduled for oral argument during the week of March 12, 2007; and WHEREAS, during the course of litigation, the ability of the Village Council to conduct Village business has been hampered by tied votes, which have resulted from the absence of a fifth councilmember on the Village Council; and WHEREAS, section 2.05 of the Village Charter contemplates a mechanism for the Village Council to fill Council vacancies of more than six months' duration by means of special election; and WHEREAS, the Village has extended an offer to Mr. Dalack to provide input as to the mechanism by which Seat 5 might be filled, subject to the ongoing Lawsuit; WHEREAS, the Village Council is cognizant of the ongoing Lawsuit and the possibility that an adverse appellate ruling might require that Mr. Dalack be permitted to assume Seat 5 on the Village Council, regazdless of whether the seat has been temporarily filled through election; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The foregoing recitations are true and correct and are incorporated by reference herein. Section 2. Seat 5 of the Village Council is declared to be vacant, subject to any further court rulings which might hold otherwise. Section 3. Seat 5 of the Village Council shall be placed on the ballot for the Mazch 2007 general election with a term of office that terminates on Mazch 11, 2008, subject to further court rulings in the Lawsuit. The Village Clerk, working in conjunction with the Village Attorney and Village counsel in the Lawsuit, shall make every reasonable effort to communicate to all candidates for election to Seat 5 that their election to the seat is subject to the ongoing Lawsuit and that subsequent court rulings might necessitate that they be removed from office so as to allow Mr. Dalack to assume Seat 5. Section 4. All candidates for election to Seat 5 shall be required to execute the acknowledgement, attached as Exhibit A to this resolution, that they aze aware of the Lawsuit and of the possibility that, upon an adverse appellate ruling in the Lawsuit, they may either be requested to resign from office or be removed from office so as to allow Mr. Dalack to assume Seat 5. A copy of this resolution shall be attached to the acknowledgement for review by potential candidates. No individual shall be elected to Seat 5 who has refused or failed to execute the attached written acknowledgement. Section 5. In all other respects, the election requirements set forth in the Village Charter and the Village Code shall be observed. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember Genco, who moved its adoption. The motion was seconded by Vice-Mayor Paterno, and upon being put to a vote, the vote was as follows: FOR ADOPTION Jim Humpage Tom Paterno Pat Watkins Geraldine A. Genco AGAINST ADOPTION The Mayor thereupon declazed the Resolution duly passed and adopted this 11th day of January, A.D, 2007. MAYOR OF Humpage ATTEST: Lori McWilliams, Village Clerk ``~~~i~ i i ~ rr-iii~i `~`~~ ~ O F TF ~~~~ ~~ ~ C~••••' ~` P.• PP OR ' G `~, O q~. ~ ~ 'V .>~ •A. '~' SEAL~'~'- INCORPORATED: -` i~~~~F'OF' F; p\``~~ MIA 179509157v1 12/282006 086435.010300 ACKNOWLEDGEMENT OF ONGOING LITIGATION AND POTENTIAL EFFECT ON MARCH 2007 ELECTION I, , as a candidate for the special election in March 2007 to fill Seat 5 of the Village Council of the Village of Tequesta, Florida ("Village"), hereby acknowledge that I understand and accept as conditions to my election to the Village Council, the following: I have read and understand Village Resolution 32-06/07, a copy of which is attached to this Acknowledgement. 2. Basil E. Dalack was elected to Seat 5 of the Village Council in Mazch 2006, but was not sworn into office because of his refusal to take the Village's oath of office as required by section 2.03 of the Village Charter. Mr. Dalack has instituted litigation against the Village, styled Basil E. Dalack v. Village of Tequesta, Florida, Case No. 06-80342-CIV- Middlebrooks/Johnston (the "Lawsuit"), seeking to have the oath of office declared unconstitutional. Mr. Dalack has also requested that the courts allow him to assume Seat 5 on the Village Council without having to take the oath of office. 3. I recognize and accept that the circumstances giving rise to this special election for Seat 5 in March 2007 are unique and necessitate that I, as a candidate, be aware of potential situations that might affect my ability to continue to serve as a member of the Village Council. 4. I am awaze that even though the Village has prevailed in the Lawsuit at the trial level, the case is on appeal. I recognize that an appellate court might reverse the ruling in favor of the Village and (i) declare the oath of office unconstitutional; and (ii) require that Mr. Dalack be allowed to assume Seat 5 on the Village Council without taking the oath of office. 5. In the event of an adverse appellate Wiling declaring the Village's oath of office unconstitutional and allowing Mr. Dalack to assume Seat 5 without taking the oath, I will be asked to resign from office or, failing that, will be removed from office by resolution of the Village Council. In the event this should occur, I agree not to institute any proceedings, legal or otherwise, or assert any claims or causes of action, against the Village or any of its Council members, employees or agents in connection with or arising from my election to or resignation or removal from office. Print Name: Address: Signature: Date: l~ x . ~-