HomeMy WebLinkAboutDocumentation_Special Meeting_Tab 02_12/22/2022Agenda Item #2.
Special Council Meeting
STAFF MEMO
Meeting: Special Council Meeting - Dec 22 2022
Staff Contact: Keith Davis, Village Attorney Department: Legal
TITLE,
RESOLUTION NO. 38-22, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, PROVIDING FOR A SPECIAL ELECTION TO FILL AN EXISTING VACANCY
IN COUNCIL SEAT 5 IN ACCORDANCE WITH VILLAGE CHARTER SEC. 2.05; PROVIDING THE
DATE FOR THE SPECIAL ELECTION, PROVIDING THE QUALIFYING PERIOD FOR THE SPECIAL
ELECTION, DIRECTING THE VILLAGE MANAGER REGARDING THE PROVISION OF EARLY
VOTING FOR THE SPECIAL ELECTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
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PROJECT NAME: Special BUDGET: 0
Election Seat 5
Proposed:
Estimated $23,000
PROJECTED TOTAL: Estimated $23,000
ENCUMBERED: 0
Projected Remaining:
0
Res 38-22 Providing Special Election for Council Seat 5 Vacancy 2022
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Agenda Item #2.
RESOLUTION NO. 38-22
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, PROVIDING FOR A SPECIAL ELECTION TO
FILL AN EXISTING VACANCY IN COUNCIL SEAT 5 IN ACCORDANCE
WITH VILLAGE CHARTER SEC. 2.05; PROVIDING THE DATE FOR
THE SPECIAL ELECTION, PROVIDING THE QUALIFYING PERIOD
FOR THE SPECIAL ELECTION, DIRECTING THE VILLAGE MANAGER
REGARDING THE PROVISION OF EARLY VOTING FOR THE SPECIAL
ELECTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, on December 15, 2022 Councilmember Aaron Johnson resigned his
office of Council Member Seat 5 effective immediately; and
WHEREAS, the current term for the office of Council Member Seat 5 runs
through March 2024, resulting in a period of vacancy that would exceed six (6) months;
and
WHEREAS, the current Village Charter provides at Sec. 2.05, that "in the event
of a vacancy on the Village Council because of ... resignation ... 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"; and
WHEREAS, Florida Statutes (Sec. 100.151) requires a local governing body to
obtain the consent of the Supervisor of Elections as to the date when registration books
for any special election can be available; and
WHEREAS, the current Village Charter does not specify a date or deadline upon
which or within which the special election must be held; and
WHEREAS, the Palm Beach County Supervisor of Elections has advised the
Village Clerk that a special election can be held on either April 4 or April 11, 2023, with
in -person participation only, and no opportunity for any vote -by -mail participation; and
WHEREAS, in -person early voting could be accommodated; however, the Village
Code (Sec. 2-231) currently prevents early voting in Village municipal elections,
requiring a code change to allow for any such early voting; and
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Agenda Item #2.
WHEREAS, Village electors will be voting on a proposed Charter amendment
referendum at the March 14, 2023 Village election which, if passed, would eliminate the
requirement for a special election to fill a Village Council seat vacancy and give the
Village Council the authority to appoint a successor into the vacancy until the next
general election in the Village; and
WHEREAS, in order to have an April 2023 special election, the qualifying period
must occur in January 2023, prior to the March 14, 2023 referendum, necessitating a
decision now on when and how to provide for a special election to fill the vacancy
existing in the office of Council Member Seat 5, taking into consideration both the
current Village Charter and the possibility of having an amended Village Charter prior to
April 2023; and
WHEREAS, having considered the unique circumstances that have presented
themselves in this case, as well as the recommendations of Village Staff and the Village
Attorney, the Village Council desires to now provide for a special election to be held in
April 2023 to fill the vacancy currently existing in the office of Council Member Seat 5.
NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1, The Village Council of the Village of Tequesta, having obtained the
consent of the Palm Beach County Supervisor of Elections (SOE) for an April 4 or April
11, 2023 special election, hereby provides for a special election to fill the unexpired
term of Council Member Seat 5, which was resigned by Aaron Johnson on December
151 2022 effective immediately.
SECTION 2. The special election shall be held on April 2023, with no
provision for vote -by -mail being available.
SECTION 3. The qualifying period for the special election shall open at Noon on
January 11, 2023 and shall close at Noon on January 25, 2023.
SECTION 4. Regarding the provision of early voting for the special election, the
Village Manager is hereby directed as follows:
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Agenda Item #2.
SECTION 5, The Village Manager is further directed to attempt to negotiate with
the SOE and obtain an agreement that mitigates the Village's financial exposure for the
special election to the extent possible.
SECTION 6, The Village Manager is further directed to do all things necessary to
notice the qualifying period and the special election as required by law.
SECTION 7. This resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED by the Village Council of the Village of Tequesta this 22nd
day of December, 2022.
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