HomeMy WebLinkAboutDocumentation_Charter Review_Tab 03_10/13/2021Agenda Item #3.
Charter Review Board
STAFF MEMO
Meeting: Charter Review Board - Oct 13 2021
Staff Contact: Chair Abby Brennan Department:
ARTICLE 11- THE VILLAGE COUNCIL - 2.01 - Selection, Term and Compensation; 2.02 - Qualifications
and Disqualifications; 2.03 - Oath of Office; 2.04 - Removal/Recall; 2.05 - Vacancies and Forfeiture of
Office; 2.06 - Mayor and Successors; 2.07 - Appointment of Legal Counsel; 2.08 - Meetings; 2.09 -
Quorum; 2.10 - Ordinances and Resolutions; 2.11 - Electors and Elections; 2.12 - Interference With the
Administrative Department
This document and any attachments may be reproduced upon request in an alternative format by completing
our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443.
ATTACHMENTS:
Page 24of33
Agena110/7/21:18 item#3-
ARTICLETequesta, FL Code of Ordinances
a to II. - THE VILLAGE COUNCIL
Section 2.01. - Selection, Term and Compensation.
The Village Council of the Village of Tequesta shall consist of five (5) members who shall be elected at
large to Seats 1, 21 31 4 and 5. The Councilmembers in Seats 1, 3 and 5 shall be elected in the even years, and
the Councilmembers in Seats 2 and 4 shall be elected in the odd years. The election shall be held on the
second Tuesday in March of each year. Only qualified electors, as prescribed by Florida law, shall be entitled
to vote at such elections.
The term of office of each Councilmember shall commence at the next Council meeting subsequent to
the date of the Councilmember's election and shall continue for two (2) years thereafter and/or until the
Councilmember's successor is elected and qualified.
Each Village Councilmember shall be entitled to an annual salary to be fixed by ordinance; provided,
however, a Councilmember shall not be entitled to any increase in salary adopted during the term for which
such Councilmember was elected.
The candidate for each seat receiving the highest number of votes cast for such office shall be deemed
elected to such office regardless of whether or not such candidate shall have received a majority of votes
cast. In the event of a tie vote between the candidates receiving the highest number of votes cast for any
office, the names of all tied candidates shall be placed on the ballot and shall be voted upon at an ensuing
runoff election to be held on the fourth (4th) Tuesday in March. Such election shall be held in the same
manner and by the same election officials holding the previous election.
(Ord. No. 622-07/08, § 11 12-13-2007/3-11-2008)
Section 2.02. - Qualifications and Disqualifications.
No person shall be eligible to hold any elective office of the Village unless said person shall be a
registered voter and resident of the Village. Any Village Councilmember who ceases to possess these
qualifications shall forthwith forfeit his or her office.
Any candidate seeking election as Councilmember shall file with the Village Clerk a written notice to such
effect from and including noon on the first Tuesday in December to and including noon on the third
Tuesday in December in the year immediately preceding the election, and shall pay such filing fee as set by
ordinance. For example, in order to qualify for the 2018Village Council election, candidates must qualify
between noon on the first Tuesday of December, 2017 and noon on the third Tuesday of December, 2017).
Such notice shall be signed by at least fifty (50) registered voters of the Village of Tequesta and shall state
the seat number to which said candidate seeks to be elected, the candidate's place of residence, the
candidate's age and any other data required by law.
Page 25 of� io
110/7/21:18 item#3-
(Ord.Tequesta, FL Code of Ordinances
Agenaa to No. 622-07/08, § 11 12-13-2007/3-11-2008; Ord. No. 4-17, § 216-8-2017)
Section 2.03. - Oath of Office.
Each Councilmember, before entering upon the discharge of the duties of office, shall take and subscribe
the following oath before the Village Manager or presiding officer of the Council, viz:
"I do solemnly swear (or affirm) that I will support, protect and defend the Constitution, and
Government of the United States and of the State of Florida against all enemies, domestic or
foreign, and that I will bear true faith, loyalty and allegiance to the same and that I am entitled to
hold office under the Constitution and that I will faithfully perform all the duties of the office of
on which I am about to enter so help me God."
Section 2.04. - Removal/Recall.
Any or all members of the Village Council may be removed or recalled from office in accordance with
procedures established by Florida law.
Section 2.05. - Vacancies and Forfeiture of Office.
A. Vacancies. In the event of a vacancy on the Village Council because of death, resignation, removal
from or forfeiture of office, and the period of vacancy is to be more than six (6) months, the
Village Council shall provide for a special election to fill the vacancy until the expiration of the
term. If the period of vacancy is to be for a period of less than six (6) months but more than three
(3) months, then the Village Council may appoint a substitute to fill the vacancy until the
expiration of the term. If the period of vacancy is to be for a period of less than three (3) months,
no appointment shall be made and the position shall remain open until the expiration of the
term. The criteria for selection of substitute Councilmembers pursuant to the terms of this
provision shall be established by ordinance.
B. Forfeiture of Office. A Councilmember shall forfeit his/her office if he/she:
1. lacks, at any time during the term of office, any qualifications for the office prescribed by this
charter or by law; or
2. is convicted of a felony during the term of office; or
3. fails to take and subscribe to the oath of office as provided in Section 2.03 of this Charter
within thirty (30) days from the commencement of the term of office; or
4. misses six (6) regularly scheduled monthly meetings (not to include special meetings or
workshops) in any twelve month period.
(Ord. No. 622-07/08, § 1, 12-13-2007/3-11-2008)
Section 2.06. - Mayor and Successors.
Page 26 of2 33
Agenc�a %m #3.
Tequesta, FL Code of Ordinances
The Village Council at its first regular meeting subsequent to the date of the annual election of Village
Councilmembers shall appoint one of its members as and to be Mayor of said municipality and another of
its members as and to be Vice -Mayor. Said officers shall serve at the pleasure of the Council for one (1) year
and/or until a successor shall be appointed and qualified. The Mayor shall preside at all meetings; shall be
recognized by the courts for the purpose of military law; and shall, execute all instruments to which the
Village is a party, as approved by vote of the Village Council, unless otherwise provided hereby or by
ordinance; but the Mayor shall have no administrative duties. The Vice -Mayor shall act as Mayor during the
absence or disability of the Mayor.
Section 2.07. - Appointment of Legal Counsel.
The Village Council shall appoint a Village Attorney to serve at the pleasure of the Council and to act as
legal advisor to the Village.
(Ord. No. 622-07/08, § 11 12-13-2007/3-11-2008)
Section 2.08. - Meetings.
The Village Council shall determine the time and place for holding its meetings provided, however, it shall
meet at least once per month.
Special meetings shall be held when called by the Mayor, Manager, or independently by any two (2)
members of the Village Council. The amount of notice for special meetings shall be determined by the
Village Council by ordinance.
Section 2.09. - Quorum.
A majority of the members of the Council shall constitute a quorum to do business, but no action shall be
taken except to adjourn, when only three (3) members are present unless their votes are unanimous;
provided, however, in the event of a vacancy of two (2) members of the Village Council, under the provisions
of Section 2.05, then and in that event a majority of the remaining members of the Council may act. A
majority of those present may adjourn from time to time and compel the attendance of absent members in
such a manner and under such penalties as may be prescribed by ordinance. No member shall be excused
from voting except as determined by Florida Law.
Section 2.10. - Ordinances and Resolutions.
The adoption of ordinances and resolutions shall be as prescribed by Florida law.
Section 2.11. - Electors and Elections.
Page 27 of" 33
Agenc�a %m #3.
Tequesta, FL Code of Ordinances
Issues relating to electors and elections shall be as prescribed by Florida law relating to such elections
and as may be prescribed by ordinance of the Village in matters not preempted by said law.
Section 2.12. - Interference With the Administrative Department.
Neither the Council nor any of its members shall in any manner dictate the appointment or removal of
any Village employee. The Council shall have the power to remove the Village Manager as provided by this
Charter and may express its views and discuss all matters with the Manager. Except for the purpose of
investigations authorized by the Village Council, the Council and its members shall deal with Village
employees solely through the Manager and neither the Council nor its members shall give orders to any
such officials or employees, either publicly or privately.
(Ord. No. 622-07/08, § 1, 12-13-2007/3-11-2008)
Page 28 of
4 33