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SPECIAL MEETINGS
Tequesta Section, 2.07, Meetings
Palm Beach Section 3.07, Procedure (a) Meeting.
Jupiter Island Section 3.6, Procedure (a) Meeting
Gulf Stream Section 3.07, Procedure (a) Meetings
Manalapan Section 3.09, Procedures, (A) Meetings
Any or all members of the Village Council may be removed or recalled from office in accordance
with procedures established by Florida law.
State law references: Recall, F.S. § 100.361.
Section 2.05. Vacancies.
In the event of a vacancy on the Village Council because of death, resignation, removal from or
forfeiture of office, 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. If the period of vacancy
is to be for a period of less than six (6) months but more than three (3) months, then the Village Council
may appoint a substitute to fill the vacancy until the expiration of the term. If the period of vacancy is to
be for a period of less than three (3) months, no appointment shall be made and the position shall
remain open until the expiration of the term. The criteria for selection of substitute Councilmembers
pursuant to the terms of this provision shall be established by ordinance.
Section 2.06. Mayor and Successors.
The Village Council at its first regular meeting subsequent to the date of the annual election of
Village Councilmembers shall appoint one of its members as and to be Mayor of said municipality and
another of its members as and to be Vice - Mayor. Said officers shall serve at the pleasure of the Council
for one (1) year and /or until a successor shall be appointed and qualified. The Mayor shall preside at all
meetings; shall be recognized by the courts for the purpose of military law; and shall, execute all
instruments to which the Village is a party, as approved by vote of the Village Council, unless otherwise
provided hereby or by ordinance; but the Mayor shall have no administrative duties. The Vice -Mayor
shall act as Mayor during the absence or disability of the Mayor.
Section 2.07. Meetings.
The Village Council shall determine the time and place for holding its meetings provided,
however, it shall meet at least once per month.
Special meetings shall be held when called by the Mayor, Manager, or independently by any
two (2) members of the Village Council. The amount of notice for special meetings shall be determined
by the Village Council by ordinance.
State law references: Open meetings, F.S. § 286.011.
Section 2.08. Quorum.
A majority of the members of the Council shall constitute a quorum to do business, but no action
shall. be taken except to adjourn, when only three (3) members are present unless their votes are
unanimous; provided, however, in the event of a vacancy of two (2) members of the Village Council,
under the provisions of Section 2.05, then and in that event a majority of the remaining members of the
Council may act. A majority of those present may adjourn from time to time and compel the attendance
of absent members in such a manner and under such penalties as may be prescribed by ordinance. No
member shall be excused from voting except as determined by Florida Law.
Section 2.09. Ordinances and Resolutions.
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Council vacancy; provided, however, that a Mayor or Town Council member so chosen shall
serve only until the next regular Town election, at which time any unexpired term of the Mayor
or Town Council member whose vacancy was so filled shall be submittedto the electors for the
election of a successor; and provided further that the individual so chosen by the Town Council
to fill such vacancy shall be disqualified from running for elected office at such next regular
Town election. In filling any such vacancy, the Town Council shall first consider former elected
officials of the Town as candidates to fill such vacancy. In the case of a tie vote to fill a Town
Council vacancy, the Mayor shall have the right to vote to break the tie.
Notwithstanding any quorum requirements established in this Charter, if at any time the
membership of the Town Council is reduced to less than a quorum, the remaining members shall, by
majority vote, appoint additional members in the manner provided above and the Mayor shall have the
right to vote to break a tie.
(d) Extraordinary Vacancies. In the event that all members of the Town Council are removed
by death, resignation, removal from office in any manner prescribed by law, or by forfeiture, the
Governor of the State of Florida shall appoint an interim Town Council which shall call a special
election to be held no sooner than sixty (60) days, or more than ninety (90) days, following the
occurrence of said extraordinary vacancies.
(Ord. No. 18 -99, § 1, 12- 14 -99)
Sec. 3.07. Procedure.
(a) Meeting. The Town Council shall meet regularly at least once in each month at such times
and places as the Town Council may prescribe by rule. Special meetings may be held when
called by the President of the Town Council, or by the President Pro Tern of the Town Council,
or by any two (2) members of the Town Council, or by the Mayor. Whenever practical, such call
shall be upon nq. less than twelve (12) hours' notice to each Council member, to the Mayor and
to the public.
(b) Rules. The Town Council shall adopt its own rules and order of business.
(c) Voting. Voting on final action of all ordinances, resolutions and motions shall be by roll call
and shall be recorded. A, majority of the Town Council shall constitute a quorum, but a lesser
number may adjourn from time to time and may compel the attendance of absent members
pursuant to the rules of the Town Council. No action of the Town Council except as otherwise
provided in the preceding sentence and in Section 3.06(c) shall be valid or binding unless
adopted by the affirmative vote of the majority of the quorum present.
(Ord. No. 18 -99, § 1, 12- 14 -99)
State law references: Procedure for adoption of ordinances and resolutions, F.S. § 166.041.
Sec. 3.08. Compensation.
No elected official of the Town shall receive any compensation for his or her services to the
Town except reimbursement of direct out -of- pocket expenses legitimately incurred on Town business
and as prescribed by law.
(Ord. No. 18 -99, § 1, 12- 14 -99)
State law references: Per diem and travel expenses for public officers and employees, F.S. §
112.061.
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CHARTER §3.6
Section 3.3. Organizational Meeting; Election of Mayor and Vice Mayor.
At the first regularly scheduled meeting after election of new Commissioners, the Town
Commission shall appoint one member the Mayor and one member the Vice Mayor of the
Town, each of whom shall hold office for a term of two years and until his or her successor shall
be qualified and appointed.
Section 3.4. Vacancy.
In the event of death, disability, resignation, forfeiture or removal of any member of the
Town Commission, such vacancy may be filled by the appointment of a new Commissioner by
a majority of the remaining members of the Town Commission. For purposes of this Section
3.4, a Town Commissioner shall forfeit office if he or she lacks any qualification of office
prescribed by this Charter or applicable law at any time during the term of office. The person
appointed to fill the vacancy created by the death, disability, resignation, forfeiture or removal
of a member of the Town Commission shall serve until the next scheduled general election of
the Town.
In the event the governor of the State of Florida, or any other governmental agency, shall
suspend any member of the Town Commission in accordance with applicable laws, the
remaining members of the Town Commission shall, upon such suspension order being received
in writing, appoint, by a majority vote of the remaining members of the Town Commission, a
new Town Cowbaissioner to fill such temporary vacancy created by the suspension. The
appointee shall serve until such time as the suspension is terminated; provided, however, in
the event the regular term of office of the suspended Commissioner shall regularly expire
during the period of suspension, such Commission seat shall be filled at the regularly
scheduled election. If such suspended Commissioner shall be later removed from office in
accordance with law, then such Commissioner shall be replaced in accordance with the
foregoing provisions pertaining to removal.
Section 3.5. Oath of Office.
Each person appointed or elected as a member of the Town Commission, before entering
upon the discharge of the duties of the office, shall take and subscribe the following oath before
some officer authorized to administer oaths under the laws of the State of Florida:
"I do solemnly swear (or affirm) that I will support, protect and defend the Constitution and
government of the United States and of the State of Florida; that I am duly qualified to hold
office under the Constitution and Laws of the State of Florida; and that I will well and
faithfully perform all the duties of the office of Town Commissioner of the Town of Jupiter
Island, Florida, upon which I am about to enter. So help me God."
Section 3.6. Procedure.
(a) Meeting. The Town Commission shall meet at such times and places as the Town
Commission may prescribe by rule. Special meetings may be held when called by the Mayor,
or by any two members of the Town Commission.
Supp. No. 3 5
s.06 GULF STREAM CODE
(2) Violates any standard conduct or code of ARTICLE IV. ADMINISTRATIVE
ethics established by law for public offi-
cials, such violation to be determined by Section 4.01. Town officers.
remaining members of the Commission.
The Commission shall appoint a Town Man-
(c) Filling of Vacancies. Avacancy on the Com- ager, Town Clerk, and a Chief of Police who shall
mission shall be filled by a majority vote of the serve at the pleasure of the Commission and
remaining members of the Commission for the perform such duties as may be specified by law or
period of time until the next election, when a the Commission. The Commission may appoint
Commissioner shall be elected for the remainder such other officers, consultants and employees as
of the term vacated. may be needful.
(d) Extraordinary Vacancies. In the event that Section 4.02. Compensation.
all members of the Commission are removed by
death, disability of forfeiture of office, the Gover- The Commission shall determine for each of-
nor shall appoint an interim Commission that ficer, consultant or employee his kind and amount
shall call a special election. of compensation and his employee benefit status.
Section 3.07. Procedure.
ARTICLE V. NOMINATIONS AND
(a) Meetings. The Commission shall meet reg- ELECTIONS
ularly at least once in every month at the Town
Hall or at such time and place as the Commission Section 5.01. Electors.
may prescribe. Special meetings may be held on
the call of the Mayor or of a majority of the Any person who is a resident of the Town who
embers and, whenever practicable, upon no less has qualified as an elector of this state, and who
„,ian twelve (12) hours' notice to each member registers in the procedural manner prescribed by
and the public. All meetings shall be public. general law and ordinance of the Town, shall be
an elector of the Town.
(b) Rules and Minutes. The Commission shall
determine its own rules and order of business. Section 5.02. Nonpartisan elections.
The Commission shall keep minutes of its meet -
ings All nominations and elections for the office of
Town Commissioner shall be conducted on a non-
(c) Voting. Voting, on ordinances and resolu- partisan basis without regard for or designation
tions, shall be by majority vote, or if requested by of political party affiliation of any nominee on any
a Commissioner, by a roll call, and shall be nomination petition or ballot.
recorded in the minutes. A majority of the Com-
mission shall constitute a quorum; but a smaller Section 5.03. Nominations.
number may adjourn from time to time and may
compel the attendance of absent members in the Candidates for the office of Town Commis -
manner and subject to the penalties prescribed by sioner shall be nominated for such office(s) by the
the rules of the Commission. No action of the filing of a written notice of candidacy with the
Commission except as otherwise provided in the designated Town official at such time and in such
preceding sentence shall be valid or binding un- manner as may be prescribed by ordinance.
less adopted by the affirmative vote of the major-
ity of a quorum present. Section 5.04. Form of ballots.
(d) Annual Audit. At the end of each fiscal year The Commission by ordinance shall prescribe
the Commission shall select and employ compe- the form of the ballot or method of balloting
tent independent auditors to review the Town's including the method of listing candidates for
nancial activities and condition for the year and Town Commission elections, and any other Town
express their opinion thereof. election. A Charter amendment to be voted on by
CHTA
may by majority vote by resolution fill any vacancy as above.
C. Extraordinary vacancies. In the event that there are no
members of the Town Commission due to resignation, death,
disability, removal by law, forfeiture of office, or otherwise, the
Florida Governor shall appoint an interim Town Commission, which
shall call a special election to elect a new Town Commission, which
election shall be held not sooner than sixty (60) days, nor more than
ninety (90) days after said appointment.
(Amended, June 11, 2002)
Sec. 3.09. Procedures.
A. Meetings. The Town Commission shall meet regularly at
such times and places as a majority of the Commissioners may
prescribe. Either special or workshop meetings may be held on the
call of the mayor or any two (2) Commissioners, and, whenever
practicable, upon no less than twelve (12) hours notice to each
Commissioner and the public. Special meetings may be called for
general or specified purposes; when called for specified purposes, no
other purpose may be the subject of the special meeting. No votes or
official actions shall be taken at any workshop meetings. Regular and
special meetings at which there is not a quorum shall adjourn until a
quorum is obtained; no quorum need be obtained for the conduct of a
workshop meeting.
B. Rules and journal. The Town Commission shall determine its
own procedures and rules, and when not in conflict therewith,
Robert's Rules of Order may obtain. The mayor shall set the order of
business for each meeting and the mayor may revise the order of
business during any meeting; the mayor may adjourn any meeting at
which business scheduled is not completed until any later day or days
at any specified time until the business is completed.
C. Voting. Voting shall generally be by voice vote, but a roll call
vote may be required on the request of any Commissioner or the
Mayor. Voting on ordinances and resolutions shall be by roll call on
final action and shall be recorded in the Minutes. A majority of the
voting Commissioners on the Town Commission shall constitute a
quorum; but a smaller number may adjourn from time to time and
may compel the attendance of absent members in the manner and
subject to the penalties prescribed by the rules of the Town
Commission. No action of the Town Commission except as otherwise
provided herein, by law or by Town ordinance shall be valid or
binding unless adopted by the affirmative vote of the majority of a
quorum present.
D. Voting on increases in Zoning Density. Any action taken by
the Town Commission to increase the density in any zoning district
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Laurie McWilliams
• August 16, 2007
Page 3
3. Section 2.07 of the Village Charter has been questioned as a result of the
language which indicates that a. meeting may be called independently by any two
members of the Village Council. The Charter Review Committee may wish to discuss
this matter further, but the language is not uncommon in other charters and I do not
believe it creates a problem under the Sunshine Law. Section 286.011, Florida
Statutes, applies to "any gathering of two or more members of the same board to
discuss some matter which will foreseeably come before that board for action." In
calling a special meeting, the two Council members would not be discussing a matter
which would come before the Council. Rather, the two members would be scheduling
the time for a special meeting, which is a matter of administrative business.
4. Questions have been raised in regard to Section 2.08 relating to quorum, to
compare the state statutes to see how the state statute deals with unanimous votes,
super majority, etc. Section 2.08 of the Village Charter currently provides that a majority
of the members of the Council shall constitute a quorum to do business, but no action
shall be taken except to adjourn, when only three (3). members are present unless their
votes are unanimous. This is a common provision and it does not create any problems
under state law. In the absence of a statutory provision to the contrary, the common
• law rule that action may be taken by the majority of the members present, provided they
are sufficient in number to constitute a quorum of the body, applies in Florida. A city
charter's requirement of unanimous consent to a designated action is validly met by the
votes of all members present who constitute a quorum even though they are less than
the full membership. However, where a statute requires a unanimous vote of a
municipal governing body as a prerequisite to effectiveness of a designated action, the
vote must be the unanimous vote of all members of the governing body rather than a
unanimous vote of the quorum present. For example, the new legislation regarding
property taxes requires the unanimous vote of the entire governing body in order to
override the roll -back provisions. I do not believe that Section 2.08 needs to be
amended since the state statute will govern in those cases requiring unanimous votes of
the entire Council.
5. 1 believe that Section 2.10 relating to electors and elections is appropriate as
stated. It simply provides that electors and elections shall be as prescribed by Florida
law and as may be prescribed by ordinance of the Village in matters not preempted by
said law. If there has been a problem with poll workers in the past, the answer would be
determined by state law or, if it is not .preempted by, state law, .the Village could pass an
ordinance relating to said matter.
•
AUG -16 -2007 01:24PM FAX:5616500465 ID: PAGE:003 R =97%
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Laurie McWilliams
• August 16, 2007
Page 3
3. Section 2.07 of the Village Charter has been . questioned as a result of the
language which indicates that a meeting may be called independently by any two
members of the Village Council. The Charter Review Committee may wish to discuss
this matter further, but the language is not uncommon in other charters and I do not
believe it creates a problem under the Sunshine Law, Section 286.011, Florida
Statutes, applies to "any gathering of two or more members of the same board to
discuss some matter which will foreseeably come before that board for action." In
calling a special meeting, the two Council members would not be discussing a matter
which would come before the Council. Rather, the two members would be scheduling
the time for a special meeting, which is a matter of administrative business.
4. Questions have been raised in regard to Section 2.08 relating to quorum, to
compare the state statutes to see how the state statute deals with unanimous votes,
super majority, etc. Section 2.08 of the Village Charter currently provides that a majority
of the members of the Council shall constitute a quorum to do business, but no action
shall be taken except to adjourn, when only three (3) members are p res ent unless their
votes are unanimous. This is a common provision and it does not create any problems
under state law. In the absence of a statutory provision to the contrary, the common
• law rule that action may be taken by the majority of the members present, provided they
are sufficient in number to constitute a quorum of the body, applies in Florida. A city
charter's requirement of unanimous consent to a designated action is validly met by the
votes of all members present who constitute a quorum even though they are less than
the full membership. However, where a statute requires a unanimous vote of a
municipal governing body as a prerequisite to effectiveness of a designated action, the
vote must be the unanimous vote of all members of the governing body rather than a
unanimous vote of the quorum present. For example, the new legislation regarding
property taxes requires the unanimous vote of the entire governing body in order to
override the rollback provisions. I do not believe that Section 2.08 needs to be
amended since the state statute will govern in those uses requiring unanimous votes of
the entire Council.
5. 1 believe that Section 2.10 relating to electors and elections is appropriate as
stated. It simply provides that electors and elections shall be as prescribed by Florida
law and as may be prescribed by ordinance of the Village in matters not preempted by
said law. If there has been a problem with poll workers in the past, the answer would be
determined by state law or, if it is not preempted by state law, the Village could pass an
ordinance relating to said matter.
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