HomeMy WebLinkAboutOrdinance_17-18_12/13/2018 ORDINANCE NO. 17-18
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, APPROVING A PROPOSED VILLAGE INITIATED
AMENDMENT TO THE VILLAGE'S CHARTER; WHICH PROPOSED
AMENDMENT WOULD REVISE THE CURRENT REQUIREMENT FROM
REQUIRING NO LESS THAN FOUR MEMBERS OF THE VILLAGE
COUNCIL TO VOTE IN FAVOR OF HIRiNG A VILLAGE MANAGER OR
REMOVING A VILLAGE MANAGER, TO REQUIRING NO LESS THAN
THREE MEMBERS OF THE VILLAGE COUNCIL TO TAKE SUCH
ACTIONS, AND ALSO REQUIRING A 30 DAY NOTICE BE PROVIDED TO
THE VILLAGE MANAGER PRIOR TO ANY COUNCIL DISCUSSION OR
ACTION REGARDING THE REMOVAL OF THE VILLAGE MANAGER;
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 actions from four (4) to three (3), being a majority of the Village Council, and also by
requiring that the Village Manager be given 30 days' notice prior to Village Council discussion
or action regarding the removal of the Village Manager; 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), the number of votes required to both
appoint into employment a new Village Manager, or to remove from employment a sitting
Village Manager, and to require a 30 day notice be given to the Village Manager prior to Village
Council discussion regarding removal; 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
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January 11, 2019; and
WHEREAS, the Village Council 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
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 REDUCING MINIMUM COUNCIL VOTES REQUIRED TO
APPOINT OR REMOVE MANAGER,AND PROVIDING NOTICE."
"SHALL THE CHARTER OF TEQUESTA BE AMENDED TO REDUCE FROM FOUR (4)
TO THREE (3), THE MINIMUM NUMBER OF VILLAGE COUNCIL MEMBERS
REQUIRED TO VOTE IN FAVOR OF APPOINTING OR REMOVING A VILLAGE
MANAGER, AND TO ALSO REQUIRE THIRTY DAYS NOTICE BE GIVEN TO THE
VILLAGE MANAGER PRIOR TO VILLAGE COUNCIL DISCUSSION OR ACTION FOR
REMOVAL OF THE VILLAGE MANAGER?"
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 three 3
#e�-f4} members of the Council, and must be removed by a like vote of said Council.
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No Villaae Council discussion or action reaardin4 the removal of the Villaae Manaaer
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shall occur until the Villaae Manaaer has been provided with a minimum of 30 days
advance written notice of the intent to have such discussion or action.
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
Ordinance to the Palm Beach County Supervisor of Elections immediately, but in no event any
later than Noon of January 1 l, 2019.
Section 5: This Ordinance shall take effect immediately upon adoption.
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ORDINANCE Date
"s
17-18 x 12/13/2018
Upon Second Reading
Motion Council Member Vince Arena Second Vice-Mayor Tom Paterno
VOTE
FOR ADOPTION AGAINST ADOPTION ABSENT
Mayor Abigail Brennan � � �
Vice-Mayor Tom Paterno � � �
Council Member Vince Arena � � �
Council Member Laurie Brandon � � �
Council Member Kristi Johnson � � �
The Mayor thereupon declared the Ordinance duly passed and adopted.
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bigail renna Lori McWilliams, MMC
Village Clerk