HomeMy WebLinkAboutDocumentation_Regular_Tab 02_2/10/2022Agenda Item #2.
Regular Council
a
STAFF MEMO
Meeting: Regular Council -Feb 10 2022
Staff Contact: Keith Davis, Village Attorney Department: Legal
Presentation by the Charter Review Board of Proposed Charter Changes and Proposed Ballot
Questions -Chair Abby Brennan
The Village Council established an Ad Hoc Advisory Charter Review Board (CRB) during the August
121 2021 Council Meeting. The CRB was tasked with reviewing the Village's current charter and
bringing forth any proposed amendments to the Village Council for review and consideration during the
February 10, 2022 Council Meeting. Any changes Council approves will be put forth to the residents
via a Charter Referendum during the March 14, 2023 election.
The CRB will provide a presentation during the Council Meeting to outline their recommendations.
Recommended Changes (if an article is not listed, there are no recommended edits):
ARTICLE I — INCORPORATION; FORM OF GOVERNMENT
• Recommend appending a map to the Charter showing the Village's legal description border
ARTICLE II — THE VILLAGE COUNCIL
Section 2.01 — Selection, Term and Compensation
After lengthy discussion and thoughtful debate on the topic of seat numbering vs "at -large" elections,
as well as the concept of creating voting districts, these concepts are not recommended.
Minor housekeeping language is added to recognize the term "Councilmember", to recognize that
Councilmembers are Officers of the Village, and to recognize that the regular municipal election day
can be changed by ordinance.
• Recommend changing Councilmember terms from two (2) years to three (3) years. Consistency
and implementation language also added.
• Recommend establishing term limits of 2 consecutive three (3) year terms. Term limits would
not begin to be calculated until all two (2) year terms have been concluded, and three (3) year
terms are in place for the affected seat. Consistency and implementation language also added.
• Recommend eliminating the use of run-off elections and determining the winner of a tie by
drawing lots as is offered via state statute. Implementation language added.
Section 2.02 — Qualifications and Disqualifications
• Recommend adding a requirement that any person who wants to serve as a Councilmember
must have resided in the Village a minimum of one continuous year prior to qualifying to run for
the office.
• Change "registered voter" to "qualified elector" for purposes of internal consistency.
Section 2.03 — Oath of Office
Page 10 of 243
Agenda Item #2.
• Recommend housekeeping edits regarding the person who administers the oath and the form
of oath .
Section 2.05 — Vacancies and Forfeiture of Office
• Recommend changing the manner in which Councilmember vacancies are filled in order to
eliminate the expense and effort in holding a special election. The proposed revision, providing
for temporary appointment by majority vote of the remaining members of the Village Council until
the next available general election is typical for municipalities with three (3) year terms. See -
Palm Beach Gardens, Jupiter, Mangonia Park.
NOTE - the ordinance referenced in this section regarding establishment of criteria for
appointment of a successor Councilmember was never adopted; it is not contained in Village
code.
NOTE — Will require the adoption of amended text to Village Code Sec. 2-273 regarding
vacancies in candidacy.
Section 2.06 — Mayor and Successors
• Conforming language relative to three-year terms is added per Board direction. A footnote is
added for citation to Florida Statutes relative to military law.
Section 2.08 — Meetings
• Recommend housekeeping edit by relocating the new first sentence from its previous location
in Article VII in order to eliminate the "Miscellaneous" Article.
Section 2.13 — Former Councilmembers; Conflicts of Interest; Lobbying Activities
• Recommend housekeeping edit by relocating the new first sentence from its previous location
in Article VII in order to eliminate the "Miscellaneous" Article.
• Recommend housekeeping edit by adding second and third sentences as new language, which
acknowledges both state and county ethics laws regarding voting conflicts, financial disclosures,
and lobbying restrictions.
ARTICLE III. — VILLAGE ADMINISTRATION
Section 3.02 — The Village Manager — Appointment, Removal Qualifications, Vacancy
• Recommend housekeeping edit to clarify the ability of the Village Manager to temporarily name
an "acting manager" when the Village Manager is temporarily out of the office (e.g. vacation or
sick leave) without creating a vacancy.
Section 3.04 — The Village Clerk
• Recommend housekeeping edits to clarify the Village Clerk's responsibilities and status in the
Village's administration hierarchy. Also to clarify the rules permitting electronic storage of
minutes, ordinances, and resolutions.
Section 3.06 — Fire Rescue and Police Departments, Referendum Required to Dissolve, Abolish
or Outsource.
• Recommend adding this new section to Article III, which would require voter referendum
approval prior to dissolving, etc. the Village's police or fire rescue departments.
ARTICLE V. — TAXATION
Section 5.01 — Powers of Village Council
• Recommend housekeeping edits to clarify the power to levy and collect tax versus the authority
to spend tax revenue once collected.
Section 5.02 — Limitations
• Recommend housekeeping edits to clarify the cap on indebtedness.
ARTICLE VI. — INITIATIVE AND REFERENDUM
Section 6.01 — Power of Initiative
• Recommend housekeeping edits to provide internal consistency with terms and clarity of
grammar.
Page 11 of 243
Agenda Item #2.
Section 6.03 —Form of Petitions
• Recommend housekeeping edits to clarify that petition forms have to be uniform but do not have
to be in "paper" format and can be electronic.
Section 6.04 — Filing, Examination and Certification of Petitions
• Recommend housekeeping edits to clarify that petition forms have to be uniform but do not have
to be in "paper" format and can be electronic.
• At the request of the Village Clerk, recommend extending the deadline to certify the petitions for
legal sufficiency from three (3) days to ten (10) business days. This timeframe is consistent with
existing timeframe in this section for initial determination of completeness, and in Section 6.05
regarding petition amendments.
Section 6.05 — Amendment of Petitions
• Recommend housekeeping edits to clarify that petition forms have to be uniform but do not have
to be in "paper" format and can be electronic.
• At the request of the Village Clerk, recommend extending the deadline to certify the petitions for
legal sufficiency from five (5) days to ten (10) business days. This timeframe is consistent with
existing timeframe in Section 6.04 regarding petition amendments.
Section 6.07 — Consideration by Village Council
• Recommend housekeeping edits to clarify the referendum consideration process.
Section 6.08 — Submission to Electors
• Recommend housekeeping edits to clarify the referendum consideration process. No
substantive change to the process is recommended. Legal requirement of Supervisor of
Elections consent to scheduling a special election is referenced.
Section 6.11 — Result of Election
• Recommend housekeeping edit to clarify grammar.
ARTICLE VII. MISCELLANEOUS PROVISIONS
• Recommend re -naming this Article and leaving current Sections 7.01 and 7.04 here. Article to
be renamed: LEGAL STATUS OF CHARTER AND LAWS; VESTED RIGHTS; PENDING
MATTERS
Section 7.01 — Constitutionality
• Recommend re -naming this section for clarity. Section to be renamed: Severability of Charter
Provisions
• Recommend housekeeping edits to provide better explanation and grammar for substance of
the section.
Section 7.02 — Public Meetings
• This text is relocated to Article 2 and a new Section 2 will follow below.
Section 7.03 — Conflict of Interest
• This text is relocated to Article 2 and a new Section 3 will follow below.
NEW Section 7.02 — Conflicts of Law
• Recommend re -numbering this section based on relocated text being removed.
• Recommend housekeeping edits to provide better explanation and grammar for substance of
the section.
NEW Section 7.03 — Rights of Officers and Employees
• Recommend adding this new section to Article VII which provides transition language from
former Charter text to new Charter text.
NEW Section 7.04 — Pending Matters
• Recommend adding this new section to Article VII which provides transition language from
former Charter text to new Charter text.
Page 12 of 243
Agenda Item #2.
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our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443.
ATTACHMENTS:, kl M
Charter Review Board Council Presentation
AMEN DED Proposed Ballot Questions 2-1-2022
Page 13 of 243
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Page 20 of 243
Agenda Item #2.
"CHARTER AMENDMENT PROVIDING FOR COUNCILMEMBER THREE YEAR
TERMS, TERM LIMITS, RE -ELIGIBILITY, AND REVISED COUNCIL
REORGANIZATION"
"SHALL THE VILLAGE OF TEQUESTA CHARTER BE AMENDED TO INCREASE
COUNCILMEMBER TERMS FROM TWO YEARS TO THREE YEARS, AND TO ADD
NEW TERM LIMITS OF TWO CONSECUTIVE TERMS, THEREAFTER REQUIRING A
ONE TERM WAITING PERIOD BEFORE RUNNING FOR OFFICE AGAIN, AND TO
REVISE VILLGE COUNCIL RE -ORGANIZATION PROCEDURES TO CONFORM WITH
THE NEW THREE-YEAR TERMS?"
YES
NO
"CHARTER AMENDMENT PROVIDING A CONTINUOS ONE YEAR RESIDENCY
REQUIREMENT PRIOR TO SERVING AS A COUNCILMEMBER"
"SHALL THE VILLAGE OF TEQUESTA CHARTER BE AMENDED TO REQUIRE ANY
PERSON RUNNING FOR THE OFFICE OF VILLAGE OF TEQUESTA COUNCILMEMBER
TO HAVE RESIDED IN THE VILLAGE OF TEQUESTA FOR A MINIMUM OF ONE
CONTINUOUS YEAR PRIOR TO BEING ELIGILE TO QUALIFY AND RUN FOR THE
OFFICE OF COUNCILMEMBER?"
YES
NO
"CHARTER AMENDMENT PROVIDING FOR REFERENDUM VOTER APPROVAL
PRIOR TO DISSOLVING THE POLICE OR FIRE DEPARTMENTS"
"SHALL THE VILLAGE OF TEQUESTA CHARTER BE AMENDED TO REQUIRE A
REFERENDUM AND VOTER APPROVAL PRIOR TO ANY FUTURE CONSIDERATION
BY THE VILLAGE COUNCIL FOR DISSOLVING, ABOLISHING, OR OUTSOURCING
THE VILLAGE OF TEQUESTA POLICE DEPARTMENT OR FIRE RESCUE
DEPARTMENT?
YES
NO
Page 21 of 243
Agenda Item #2.
"CHARTER AMENDMENT PROVIDING TEMPORARY APPOINTMENTS FOR
COUNCILMEMBER VACANCIES, AND DRAWING LOTS FOR CANDIDATE TIE
VOTES" I
"SHALL THE VILLAGE OF TEQUESTA CHARTER BE AMENDED TO ELIMINATE THE
REQUIREMENT FOR A SPECIAL ELECTION TO FILL A COUNCILMEMBER VACANCY
CAUSED BY DEATH, RESIGNATION, REMOVAL FROM OFFICE, OR FAILURE TO
QUALIFY, AND TO ALLOW A TEMPORARY VILLAGE COUNCIL APPOINTMENT
UNTIL THE NEXT GENERAL ELECTION INSTEAD; AND TO ELIMINATE THE
REQUIREMENT FOR RUNOFF ELECTIONS TO RESOLVE TIE VOTES AMONG
CANDIDATES FOR COUNCILMEMBER OFFICE, AND TO PROVIDE FOR THE
DRAWING OF LOTS INSTEAD?"
YES
NO
"CHARTER AMENDMENT PROVIDING FOR NON -SUBSTANTIVE TEXT EDITS,
INTERNAL CONSISTENCY, AND GENERAL CLARIFICATION AND ORGANIZATION"
Commented [KD1 ]: As noted by one committee member,
this question could be divided into two separate questions,
creating a total of 6 ballot questions.
"SHALL THE VILLAGE OF TEQUESTA CHARTER BE AMENDED TO PROVIDE NON -
SUBSTANTIVE TEXT EDITS, INTERNAL CONSISTENCY, GENERAL LANGUAGE
CLARIFICATION, AND ORGANIZATION IN ACCORDANCE WITH ORDINANCE 01-
22, PASSED AND ADOPTED BY THE VILLAGE COUNCIL ON MAY 12, 20221?" "[Commented [KD2]: Placeholder date only.
YES
NO
Page 22 of 243