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HomeMy WebLinkAboutDocumentation_Regular_Tab 16_11/08/2018 �� DA�Is � ,.. ' ASHTON, PA. Keith W. Davis, Esq. Floridn Bnr Bonrd Certified Attorney City,Comtty nnd I.arnl Government Law Email:keithC�davisashtonlaw.com October 15, 2018 MEMORANDUM To: Mayor Brennan; Vice Mayor Paterno; Council Members Arena, Brandon and Johnson Cc: Acting Manager Weinand, Clerk McWilliams Fr: Attorney Davis Re: Ordinance creating ballot question and ballot language for Charter Amendment The following describes in detail the above referenced agenda item: As directed by the Village Council, attached is a proposed ordinance that would create a ballot question and language to be placed before the voters of Tequesta at the March, 2019 municipal election. The proposed Charter Amendment would eliminate the requirement that four (4) or more members of the Village Council vote in favor of both hiring and firing the Village Manager. Instead, as written, and if approved by the voters of Tequesta, it would require three (3) or more members of the Village Council to vote in favor of both hiring and firing the Village Manager. In order for this item to be placed on the March, 2019 municipal election ballot, the ordinance must be adopted with two readings and be provided to the county supervisor of elections before January 11, 2019. With first reading in November 2018 and second reading proposed for December 2018, the Village can meet the supervisor of elections' January 11, 2019 deadline. 701 Northpoint Parkway, Suite 205, West Palm Beach, FL 33407 � p 561-586-7ll6 � f 561-�86-9611 wurw.davisashtonlaw.com ♦LEADING EXPERTS IN LOCAL GOVERNMENT LAW AND ETHICS♦ ORDINANCE NO. 17-18 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, APPROVING A PROPOSED VILLAGE 1NITIATED AMENDMENT TO THE VILLAGE'S CHARTER; WHICH PROPOSED AMENDMENT WOULD REVISE THE CURRENT REQUIREMENT THAT NO LESS THAN FOUR MEMBERS OF THE VILLAGE COUNCIL ARE REQUIRED TO VOTE iN FAVOR OF HIRING A VILLAGE MANAGER AND FIRING A VILLAGE MANAGER, BY REQUIRING NO LESS THAN THREE MEMBERS OF THE VILLAGE COUNCIL TO TAKE SUCH ACTION; FURTHER PROVIDING A BALLOT TITLE AND A BALLOT SUMMARY IN ACCORDANCE WITH THE REQUIREMENTS OF FLORIDA LAW; PROVIDING FOR THE PROPOSED CHARTER AMENDMENT QUESTION LANGUAGE; AND PUTTING SAID CHARTER AMENDMENT QUESTION TO A VOTE OF THE ELECTORS OF THE VILLAGE AT THE MARCH 12, 2019 MUNICIPAL ELECTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the current Village Charter provides, at Sec. 3.02, that "The Village Manager shall be appointed by affirmative vote of at least four (4) members of the Council, and must be removed by a like vote of said Council"; and WHEREAS, the Village Council believes it to be in the best interest of the Village of Tequesta to revise this requirement by reducing the number of affirmative votes required to take such action from four(4)to three(3), being a majority of the Village Council; and WHEREAS, the Village Council desires to place this proposed revision to the Village Charter before the Village Electors to be considered for adoption in accordance with state law; and WHEREAS, the question to be placed before the Village Electors is whether to amend the Village Charter to reduce from four (4) to three (3), being a simple majority of the Village Council, the number of votes required to both appoint into employment a new Village Manager, or to remove from employment a sitting Village Manager; and WHEREAS,the next municipal election to be held within the Village is March 12, 2019; and WHEREAS, the deadline for submission of such ballot titles and summaries to the Palm Beach County Supervisor of Elections Office for the March 12, 2019 municipal election is January 1 l, 2019; and WHEREAS, the Town Commission desires to provide the Palm Beach County Supervisor of Elections Office with a legally sufficient ballot title and summary as set forth in this ordinance within the deadline for placement on the March 12, 2019, municipal election. NOW,THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE 1 VILLAGE OF TEQUESTA, FLORIDA,THAT: Section 1: The above recitals are true and accurate, and are incorporated herein. Section 2: The Village Council hereby directs that the following ballot title and ballot summary shall be put to a vote of the Village Electors at the March 12, 2019 municipal election: "CHARTER AMENDMENT PROVIDING FOR SIMPLE MAJORITY OF COUNCIL TO APPOINT OR TERMINATE THE VILLAGE MANAGER" "SHALL THE CHARTER OF TEQUESTA BE AMENDED TO REVISE THE CURRENT REQUIREMENT THAT NO LESS THAN FOUR MEMBERS OF THE VILLAGE COUNCIL ARE REQUIRED TO VOTE 1N FAVOR OF APPOINTING A VILLAGE MANAGER AND TERMINATING A VILLAGE MANAGER, BY REQUIRING ONLY A MAJORITY OF THE VILLAGE COUNCIL (OR NO LESS THAN THREE MEMBERS OF THE VILLAGE COUNCIL) TO TAKE SUCH ACTION?" YES NO Section 3: Based on the language contained in the summary, the proposed new Charter language, if approved by a majority of the Village Electors at the March 12, 2019 municipal election, would be at Section 3.02 of the Village Charter as follows: Section 3.02. - The Village Manager—Appointment, Removal, Qualifications, Vacancy. The Village Council shall appoint a Village Manager who shall serve at the pleasure of the Council and who shall be the Chief Administrator under the direction and supervision of the Village Council. The Manager shall be chosen by the Council solely on the basis of his or her administrative and executive qualifications. The Village Manager shall be appointed by affirmative vote of at least — _ members of the Council, and must be removed by a like vote of said Council. A vacancy in the position of Village Manager by death, resignation or otherwise shall be filled by either temporary or permanent appointment by the Village Council at a regular or special Council meeting within thirty (30) days of the creation of the vacancy. Section 4: The Village Clerk is hereby directed to provide a certified copy of this 2 Ordinance to the Palm Beach County Supervisor of Elections immediately, but in no event any later than Noon of January 11, 2019. Section 5: This Ordinance shall take effect immediately upon adoption. 3