The URL can be used to link to this page

Home My WebLink AboutDocumentation_Regular_Tab 12_6/13/2024 Agenda Item #12. Regular Council STAFF MEMO Y Meeting: Regular Council - Jun 13 2024 Staff Contact: Keith Davis, Village Attorney Department: Legal ORDINANCE NO. 04-24, SECOND 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 Tequesta Council vacancy code update to conform to new Charter language Page 193 of 344 Agenda Item #12. 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 194 of 344 Agenda Item #12. 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 prior to taking office. (a) If a vacancy in candidacy for election as councilperson occurs because no candidate qualified for the office in auestion, or because no qualified candidate remained on the ballot as a candidate for the office in auestion, thus creating a vacancv on the Village Council followina the election, then, in accordance with Sec. 2.05(A) of the Village Charter, the Village Council mav, by majority vote of the remaining Councilmembers, appoint a qualified elector to hold such office until the next available aeneral election at which time a successor Councilmember shall be elected to hold such office for any remainina unexpired term of the previously vacant office. , aloatonn cthnil ho cza-hadidad hit the vollane r I not less than RC) Halls and not mere fhnn 1 9O Halls after the yananall in the Gandicinr+11 has 0GG irr'9d (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 Teauesta pursuant to Village Charter Sec. 2.02; and 2. Be a resident of the Village of Teauesta for a minimum of one continuous year prior to beina 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. Aaree to resign anv currently held Villaae of Teauesta board or committee position immediately upon appointment becoming effective. Page 195 of 344 Agenda Item #12. n i pronr tn tho ond nf thal Q,In Ita-mont:a, (c) In the event of a vacancy caused by resignation, death; or forfeiture of office pursuant to Sec. 2.05(6) of the Village Charter, which occurs subseauent 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 r, ' ona nanclodate- fer that nffmnia- Qh:all nnt hia- .rod tn rincil 'of" fGT- . . Yne..,n,ne.-.,&ecd nuirsuant te. thle- e-ar-finn ho Qh:all ho dor-larod ado-atod :and tho olor� cfinn hAll he GaRGolorl � (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 remainina aualified candidate shall be declared an unopposed candidate. RE) nandocip+om fnr An nffi�o �nrl mnro +hAn 91 dpim remain nrinI%A I%A%,A L%.#W I%-R 1 %-4 1 1 W I I I%.R %.A I I%A I I I W I%.# L I I`LA I I A.. 1 %.01"J%.# r .1 1%.f 'W-01 1"1 7 1 Iff"I IN%-f%A "J %.A%.A%.f I 1 %1*-11"I I I J I I I ZI I%.# ..s as %.01 7 1 1%-f I"%.%.f I %I I"I I fho 91 ct HANi nrinr fn �f+ho olonfi� 1.1• •v rv�r••v• v ■ (e) Reserved. , I I I%.R I 1 1 161 1%.# A-F%_4 1 1 W% W I %I I%.# I W I I%.# %1%A"I I I I W%A I I%A I%A"I.N-0 I r an E%.)-:N1 ol r%-.f-e.#- And VVI%II%.01I%.4VV"I1 rerneval frn m tho hAlint nf thia Innin- a,lAimfoind a-Andocipto fo I if %A-4 v aGa.R.G.W." izhAll rioQ1 dt nn thia- volipain an,innol thin- riamponmr, t-elina-mirniomhom c-hAll el-Ir GO E)n So :annnmntqQ-d Qh:all !zap�E? aS GE)1JRGn1mP-Mhqz-r fnr thiz ta-ntoriz- fiz-rm If thia- volLaniz- GO 61 R G I 1 %.01 1 1%.1 1. %-4 %_1 I I I 1. %-01 r%.OFSOR t G if 1 11 1 t h tz- vaGaRG" j ed :a I o I a at n n n v aGaR G-I I fnr tho 1 inoynorp-H nndonn nf tho entore term. afr�� •tmAl '�n-dp, nor.n:A hPQ ovnina-H (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 hOhArenn el.o,cf;^n and taking office. In the event of a vacancy on the Villaae Council because of death, resignation, removal from or forfeiture of office pursuant to Sec. 2.05(6) of the Villaae Charter, then, in accordance with Sec. 2.05(A) of the Villaae Charter, the Villaae Council may, by mamority vote of the remaining Councilmembers, appoint a aualified elector to hold Page 196 of 344 Agenda Item #12. 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. Gaused hitrocinr��+;nn Ho� n fnfoi+h r r +i iI%-#I%.%A Iro of%-0 1 n ffiro 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 197 of 344