HomeMy WebLinkAboutResolution_90-05/06_07/17/2006RESOLUTION N0.90-05/06
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, PROVIDING AN
OFFICIAL INTERPRETATION OF THE VILLAGE
CHARTER'S OATH OF OFFICE; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR EFFECTIVE
DATE.
WHEREAS, section 2.05 of the Village Charter requires that individuals elected to the
Village Council swear an oath of office (the "Oath") which requires, among other things, that the
individual "support, protect and defend the Constitution, and Government of the United States
and of the State of Florida;" and
WHEREAS, the Oath has been a part of the Village Charter since 1957, during which
time none of the hundreds of individuals elected to office in the Village had legally challenged
the Oath or questioned its interpretation until Basil Dalack was re-elected to the Village Council
in 2006; and
WHEREAS, Mr. Dalack was twice previously elected to the Village Council and in each
instance swore the Oath without protest or questioning its meaning; and
WHEREAS, subsequent to his election in 2006, Mr. Dalack zefused to sweaz the Oath,
claiming it to be unconstitutional because it allegedly precluded his right to object to current
federal and state officer holders and their policies; and
WHEREAS, the Village assured Mr. Dalack on numerous occasions, both publicly and
privately, that his interpretation of the Oath was incorrect and that the Oath did not preclude him
from exercising his First Amendment right of dissent and disagreement with current federal and
state office holders and their policies;. and
WHEREAS, notwithstanding the Village's assurances, Mr. Dalack chose to file a lawsuit
against the Village styled, Dalack v. Village of Tequesta, Florida, Case No. 06-80342-CIV-
Middlebrooks (the "Lawsuit"); and
WHEREAS, the Village prevailed in the Lawsuit and obtained summary judgment
upholding the constitutionality of the Oath; and
WHEREAS, Mr. Dalack has appealed the decision in the Lawsuit to the U.S. Court of
Appeals for the Eleventh Circuit in an appeal styled, Dalack v. Village of Tequesta, Florida,
Case No. 06-13173-GG (the "Appeal"), which appeal remains pending; and
WHEREAS, Mr. Dalack has expressed his view in both the Lawsuit and the Appeal that
he believes the Oath as currently phrased requires him to support and precludes him from
disagreeing with or dissenting from the views or policies of the current federal and Florida
political administrations, specifically, those of President George W. Bush and Florida Governor
Jeb Bush; and
WHEREAS, the U.S. District Court has ruled in the Lawsuit that the Oath does not
require Mr. Dalack to support any particulaz political administration or its policies or preclude
him from disagreeing with or dissenting from those administrations and policies; and
WHEREAS, notwithstanding the court's ruling in the Lawsuit, Mr. Dalack has
determined to prosecute the Appeal, and has taken the position on appeal that the Village has
refused to provide any formal written clarification as to the meaning of the Oath; and
WHEREAS, pursuant to Art. 1, Sec. 1.02 of the Charter, the Village Council is
responsible for adopting legislation and determining Village policies, while pursuant to Section
1.2 of the Village Code, the construction of the Code is subject to the manifest intent of the
Village Council;
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NOW, THEREFORE, it is hereby resolved by the Village Council of the Village of
Tequesta, Palm Beach County, Florida, as follows:
Section 1. Recitals. That each of the above stated recitals is hereby confirmed and
adopted.
Section 2. Interpretation of the Oath.
A. The .Village Council concurs with and reaffirms as its own the reasoning of the
U.S. District Court in its decision of May 25, 2006 in the Lawsuit.
B. The Village Council officially reaffirms its interpretation of the Oath such that the
Oath has never required nor does it presently require any individual swearing the Oath to agree
with or support, in whole or in part, any particular federal or Florida administration in office or
any individual serving in such administrations.
C. The Village Council further officially reaffirms its interpretation of the Oath such
that the Oath has never precluded nor does it presently preclude any individual swearing the
Oath from disagreeing with or dissenting from, whether privately or publicly, any particular
federal or Florida administration in office or any individual serving in such administrations or
any policy or position advocated, promulgated, espoused or adopted by such administrations or
its members.
D. The Village Council further officially reaffirms its interpretation of the Oath such
that the Oath allows for the full and unhindered expression of First Amendment rights of any
individual swearing the Oath.
E. The Oath has never been interpreted in a manner inconsistent with these
recitations, and Village Council has no intention to rescind this interpretation in the future.
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Section 3. Implementation.
A. The Village Manager is hereby authorized to take any and all action which is
necessary to effectuate the purposes of this Resolution, and shall keep the Village Council
apprised on the status of these efforts.
B. The Village Manager is authorized to provide for the distribution of this
Resolution to all appropriate persons and entities.
Section 4. Effective Date. This Resolution shall become effective immediately upon
adoption hereof.
THE FOREGOING RESOLUTION WAS OFFERED by Council Member Watkins,
who moved its adoption. The motion was seconded by Council Member Genco, and upon being
put to a vote, the vote was as follows:
For Adoption
Jim Humpage
Geraldine A. Genco
Pat Watkins
Against Adoption
The Mayor thereupon declared the Resolution duly passed and a
2006.
ATTEST:
Carlisle, Village Clerk
this 17~ o`~July,
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r :INCORPORATED:
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Approved as to Form and Le al Sufficiency: ~~~~~ ~ ~ E ~ ~~~~~
Vi lage Attorney
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