HomeMy WebLinkAboutDocumentation_Charter Review_Tab 07_08/17/2007 AU1').16.20(7 2:16PM JON =S FOSTER JOHNSTON & STUBBS 0.680 '. 1
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August 16, 2007 VIA FAX: 575 -6203
Lori McWilliams, Village Clerk
Village of Tequesta
Post Office Box 3273
Tequesta, Florida 33469 -0273
RE: Village of Tequesta
Charter Review
Dear Lori:
For purposes of discussion at the Charter Review Committee meeting tomorrow, I have
the following initial comments.
1. A question had been raised in regard to Section 2.01 of the Charter referencing
• the annual salary of a Village Council member. As I had advised in my memo of July
24, 2007, as long as this is referenced as a salary, it should be dealt with as income on
a W -2 Form. Attached is a Private Letter Ruling relating to this matter which concludes
that an elected official who is paid a salary is subject to income tax withholding.
2. Questions were raised in regard to Sections 2,03 and 2.04 of the Charter.
Specifically, it was asked what happens in the event someone fails to take the oath of
office and whether we need a definition for forfeiture of office. Can forfeiture include
failing to take the oath or failing to miss a certain number of meetings? What if
someone is incarcerated and cannot attend meetings?
The Charter review Commission may wish to consider a definition of forfeiture of office
in the manner and form following:
Section 2.05. Vacar>lcies.
(b) Forfeiture of Office. A Village Council member shall forfeit office if
he or she lacks at any time during the term of office any qualification for
the office prescribed by this Charter or by law. A person elected or
appointed to the Village Council shall forfeit office if he or she fails to take
and subscribe to the oath of office as provided in Section 2.03 of this
Charter within 30 days from the commencement of the term of office.
•
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Laurie McWilliams
• August 16, 2007
Page 2
The Charter Review Committee may also wish to consider an amendment to Section
2.02 relating to qualifications and disqualifications to include the following language:
Section 2.02, Qualifications and DisqualiIfications.
No person shall be eligible to 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
last Tuesday in January to and including noon on the second Tuesday in
February in the year of the election, and shall pay such filing fee as set by
ordinance. 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.
R person elected or appointed to the Village Council shall forfeit office if he
• or she fails to take and subscribe the oath of office as brovided in Section
2.03 of this Charter within 34 days from the commencement of the term of
office
Further consideration may be given to providing further definitions under forfeiture of
office to include missing a stated number of meetings during any one year. The
Committee should be advised, however, that the prior Charter of the Village did include
such language and the Charter was amended to delete such language when this matter
last went to the electorate. The Charter was amended to include Section 2,04,
Removal /Recall, which deleted the previous language and included the simple
statement under Section 2.04
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.
This issue involved much discussion at the last Charter Review Committee meeting and
this Charter Review Committee may wish to have further discussions in regard to this
matter. Attached is a copy of a circuit court case which was instrumental in the change
of this language by the last Charter Review Committee.
•
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