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Home My WebLink AboutDocumentation_Regular_Tab 16_5/9/2024 Agenda Item #16. Regular Council STAFF MEMO Meeting: Regular Council - May 09 2024 Staff Contact: Keith Davis, Village Attorney Department: Legal ORDINANCE NO. 04-24, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 2. ADMINISTRATION. ARTICLE V. ELECTIONS. DIVISION 3. CANDIDATES. BY AMENDING SECTIONS 2-273 AND 2-274 TO CONFORM THESE SECTIONS WITH VACANCY FILLING PROVISIONS OF THE RECENTLY AMENDED VILLAGE CHARTER; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 2. ADMINISTRATION. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. The proposed Ordinance 04-24 will conform Village Code to Village Charter provisions regarding the filling of vacancies on the Village Council. 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. BUDGET • - • BUDGET AMOUNT na AMOUNT AVAILABLE na EXPENDITURE AMOUNT: na FUNDING SOURCES: n/a IS THIS A PIGGYBACK: ❑ Yes ❑ N/A DID YOU OBTAIN 3 QUOTES? ❑ Yes ❑ N/A COMMENTS/EXPLANATION ON SELECTIONna Ord 4-24 Teguesta Council vacancy code update to conform to new Charter language Page 217 of 226 Agenda Item #16. ORDINANCE NO. 04-24 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 2. ADMINISTRATION. ARTICLE V. ELECTIONS. DIVISION 3. CANDIDATES. BY AMENDING SECTIONS 2- 273 AND 2-274 TO CONFORM THESE SECTIONS WITH VACANCY FILLING PROVISIONS OF THE RECENTLY AMENDED VILLAGE CHARTER; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 2. ADMINISTRATION. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. WHEREAS, Sec. 166.031(6), Florida Statutes, requires each municipality to provide procedures for filling vacancies in municipal office caused by death, resignation, or removal from office, in their Charter or code; and WHEREAS, Sec. 166.031(6), Florida Statutes, further requires each municipality to provide procedures for filling vacancies in candidacy for municipal office caused by death, withdrawal, or removal from the ballot of a qualified candidate following the end of the qualifying period which leaves fewer than two candidates for a municipal office; and WHEREAS, the Village Charter was amended by the electors of the Village in 2022; and WHEREAS, among other amendments that were adopted was an amendment to Village Charter Sec. 2.05 regarding the Village's procedures for filling vacancies on the Village Council and ballots for election to the Village Council, which necessitates revision to the Village's elections code regarding the filling of vacancies to provide for internal consistency between the Charter and the code; and WHEREAS, upon the recommendation of the Village Manager and the Village Attorney, the Village Council now desires to update its elections code regarding the filling of vacancies to provide internal consistency with the recently amended Village Charter. Page 218 of 226 Agenda Item #16. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA AS FOLLOWS: Section 1: Chapter 2. Administration. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article V. Elections. Division 3. Candidates, by amending Secs. 2-273 and 2-274 to conform to vacancy filling provisions of the recently amended Village Charter; providing that Chapter 2, Article V, Division 3, Secs. 2-273 and 2-274 shall hereafter read as follows: Chapter 2. ADMINISTRATION ARTICLE V. ELECTIONS DIVISION 3. CANDIDATES Sec. 2-273. - Vacancy in candidacy, or urior to taking office. (a) If a vacancy in candidacy for election as councilperson occurs because no candidate qualified for the office in question, or because no qualified candidate remained on the ballot as a candidate for the office in question, thus creating a vacancy on the Village Council following the election, then, in accordance with Sec. 2.05(A) of the Village Charter. the Village Council may, by majority vote of the remaining Councilmembers, appoint a qualified elector to hold such office until the next available general election at which time a successor Councilmember shall be elected to hold such office for any remaining unexpired term of the previously vacant office. Gayseid by the death, rl withr;;WAI Ar rem �i� of nl o nonidirlote following the end f '�n� after the VaGanG y in the noprdiidaG y has er-o irrerd (b) The criteria for selection of an appointed Councilmember under subsection (al above are as follows: 1. Be a qualified elector of the Village of Teguesta pursuant to Village Charter Sec. 2.02: and 2. Be a resident of the Village of Teguesta for a minimum of one continuous year prior to being appointed: and 3. Submit a resume and letter of interest to the Village Clerk pursuant to any deadline for submissions that has been advertised by the Village: and 4. Agree to resign any currently held Village of Teguesta board or committee position immediately upon appointment becoming effective. qualifyiRg peFiod shall be established begiRRORg OR the day the vaGaRGY OR the rovuraTaa i has eGG ,rv'vurrt-Qd- arpr R dip oac-r'Tee—n -.n the 46th day prier te the idte.—nf the pperin�noll file A. qualifyiRg stattment� pctitien as r uired by the ZCharter, Page 219 of 226 Agenda Item #16. aGGE)MpaRied bySUGh qualifying fees as required, prier te the eRd of the supplemeRtal (c) In the event of a vacancy caused by resignation, death, or forfeiture of office pursuant to Sec. 2.05(Bl of the Village Charter, which occurs subsequent to an election but before the council member elect takes the oath of office required by Sec. 2.03 of the Village Charter, then such vacancy shall be filled in accordance with the procedures set forth in Subsection (a) above, and the criteria set forth in Subsection b above. The Gandid;49 fArt ha+ nffi�TalnA- o Feq iiretK g al�ify for elan+inn droll he nonnelert (d) If the death, withdrawal or removal from the ballot of a qualified candidate following the end of the qualifying period results in only one candidate remaining qualified for that office, such remaining qualified candidate shall be declared an unopposed candidate. RE) candidates f9F a OfniEe, and More +hoe 21 days remain ririnGandidate wishiRg te qualify shall file a qualifyiRg statement and petitien as required by the h 2 1st day prier to the `fate of the elentieri ttili�T.rraay-prrvTcvrcrn�rcrn�-vrcrn, cn.ccrvrr. Ifs? n r-r mcn-aiR t�+�.,^ n iGR date after death e Reserved. t#��,-r- ti'i'l.: Gct+v,-r-crcrcc—crrccrt��l, crccrcrr u — � � Iapersen se anneint�haallsep hfnrth f vill ge PAN lnnll rines not annnint a n ee fill the Riononn�i within `2(1 rla�is after the first rr ern-the 1.4 r�aRGY i i-r-30 days for regular village G96inGil meeting he'd after the vaGanGy has GGG61rred, a sper--ial The c Teer--tiA—p be held iiet I---- than 0- days and net more than 90 day after the initial 30-day neried has expired (f) The name of any qualified candidate who has withdrawn, died or been removed from the ballot shall not be printed on the ballot. If the ballot cannot be changed, any votes for that candidate shall be null and void. (g) A candidate withdrawing or being removed from the ballot after having qualified and paid the qualification fee shall not receive a refund of the qualifying fee. Sec. 2-274. - Vacancy on the Village Council after between election an taking office. In the event of a vacancy on the Village Council because of death, resignation. removal from or forfeiture of office pursuant to Sec. 2.05(B) of the Village Charter, then, in accordance with Sec. 2.05(A) of the Village Charter. the Village Council may. by majority vote of the remaining Councilmembers, appoint a qualified elector to hold Page 220 of 226 Agenda Item #16. such office until the next available general election at which time a successor Councilmember shall be elected to hold such office for any remaining unexpired term of the previously vacant office. Eaused by resignat+e,,, de��^�ffei-tore of-^�Ge eath E)f GffiGe required by SeGtien 2.03 E)f the Village GharteF, then SUGh YaGanGy shall be folled with nrvc the i iroc�t forth at c��n ')��}� VillageC h hr Section 2: Each and every other Section and Subsection of Chapter 2. Administration. shall remain in full force and effect as previously adopted. Section 3: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 5: Specific authority is hereby granted to codify this Ordinance. Section 6: This Ordinance shall take effect immediately upon adoption. Page 221 of 226