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APPOINTMENT OF VILLAGE MANAGER
Tequesta Section, 3.02, Village Manger, Appointment, Removal,
Qualifications, Vacancy
Jupiter Section 5, Town Manager, Subparagraph (a), Appointment;
qualifications; compensation
Palm Beach Section 4.02 (b), Appointment
Jupiter Island Section 5.1, Appointment
Gulf Stream Section 4.01, Town Officers
Manalapan Section 4.02 (A) Appointment
Model Charter Section 4.02 (a) Appointment
ARTICLE III. VILLAGE ADMINISTRATION
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Section 3.01. Village Administration Defined.
Village administration shall include a Village Manager, a Village Clerk and such other
department heads as may be provided for by this Charter, Florida law or by vote of the Village Council.
Section 3.02. The Village Manager--Appointment, Removal, Qualifications, Vacancy.
The Village Council shall appoint a Village Manager who shall serve at the pleasure of the
Council and who shall be the Chief Administrator under the direction and supervision of the Village
Council. The Manager shall be chosen by the Council solely on the basis of his or her administrative
and executive qualifications.
The Village Manager shall be appointed by affirmative vote of at least four (4) members of the
Council, and must be removed by a like vote of said Council.
A vacancy in the position of Village Manager by death, resignation or otherwise shall be filled by
either temporary or permanent appointment by the Village Council at a regular or special Council
meeting within thirty (30) days of the creation of the vacancy.
Section 3.03. Village Manager--Functions and Powers.
The Village Manager shall be the supervisor and manager of all public business and affairs of
the Village, but shall be responsible to the Village Council for the administration of all the affairs of the
Village coming under the Village Manager's jurisdiction. The Village Manager's powers and duties shall
be as follows:
(1) To see that all terms and conditions imposed in favor of the Village or its inhabitants
in any public utility franchise are faithfully kept and performed; and upon knowledge of
any violation thereof to call the same to the attention of the Village Council.
(2) To supervise the management and control of all public utilities owned by the Village
and be charged with the management and operations of, all public works and
departments in accordance with the ordinances or resolutions of the Village Council.
(3) To be responsible for the supervision of all departments of the Village and to see
that the laws and ordinances of the Village are enforced.
(4) To attend all meetings of the Village Council and of its committees, if requested,
with the right to take part in the discussion but without having a vote, and to file at the
regular meetings of the Village Council in each month a report of the Village Manager's
actions during the preceding month in a form as directed by vote of the Village Council.
(5) To recommend to the Council for adoption such measures as the Village Manager
may deem necessary or expedient in the interests of the Village, to keep the Village
Council fully advised as to the financial condition and needs of the Village, and to submit
for its consideration an annual budget.
(6) To appoint, and when deemed necessary for the good of the Village, suspend or
remove any Village employee and/or department head provided for, by, or under this
Charter, or by ordinance, except as otherwise provided by Florida law, this Charter or
personnel rules adopted by ordinance or resolution. The Village Manager may authorize
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(2) Violates any express prohibition of this Charter;
(3) IS CGf1ViCtcd of a crime involving moral turpitude; or
(4) Fails to attend three (3) consecutive regular meetings of the council without being
excused by the council.
(c) Vacancy. If a vacancy occurs in the council for any reason whatsoever, the council by a
majority vote of all its remaining members shall appoint a qualified person to fill the vacancy
until the next regular election or for the remainder of the unexpired term, whichever occurs first.
If a majority of said remaining members are unable to agree upon the election of a member of
the Town Council to fill said vacancy after two (2) regular meetings have been held, the town
council shall call a special election for that purpose. Provided that no such special election shall
be held within thirty (30) days prior to a regularly scheduled election. If the term of office to
which such person was appointed does not expire at the next regular election, the office shall be
filled for the remainder of the term by election in the manner provided in article II, section 5.
(Ord. No. 4-83, § 2, 4-5-83; Ord. No. 58-96, § 24, 3-10-98)
Section 5. Town manager.
(a) Appointment; qualifications; compensation. The council shall appoint a town manager for
an indefinite term and fix the compensation. The manager shall be appointed on the basis of
executive and administrative qualifications. The individual need not be a resident of the town or
state at the time of appointment but may reside outside the town while in office only with the
approval of the council.
(b) Removal. The council may remove the manager from office in accordance with the
following procedures:
(1) The council shall adopt by affirmative vote of a majority of its full membership a
preliminary resolution which must state the reasons for removal and then may suspend
the manager from duty for a period not to exceed forty-five (45) days. A copy of the
resalution shall be delivered promptly to the manager.
(2) Within five (5) days after a copy of the resolution is delivered to the town manager,
a written request for a public hearing may be filed by the town manager with the council.
This hearing shall be held at a council meeting not earlier than fifteen (15) days nor later
than thirty (30) days after the request is filed. The town manager may file with the council
a written reply not later than five (5) days before the hearing.
(3) The council may adopt a final resolution of removal which may be made effective
immediately by affirmative vote of a majority of its full membership at any time after five
(5) days from the date when a copy of the preliminary resolution was delivered to the
manager, if a public hearing has not been requested, or at any time after the public
hearing if one is requested. The manager shall continue to receive full salary and
benefits until the effective date of a final resolution of removal. The action of thecouncil
in suspending or removing the manager shall not be subject to review by any court or
agency.
(c) Actrng town manager. By letter filed with the town clerk, the manager shall designate, a
qualified town administrative officer to exercise the powers and perform the duties of manager
during a temporary absence or disability. During such absence or disability the council may
revoke such designation at any time and appoint another officer of the town to serve until the
manager shall return or the disability shall cease.
(d} Powers and duties of the town manager. The town manager shall be the chief
administrative officer of the town and shall be responsible to the council for the administration of
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4RTICLE IV. ADMINISTRATION
Sec. 4.01. Town Manager.
There sha{f be a Town Manager who shali be the chief administrative officer of the Town. As
chief administrative officer, the Town Manager shall head a unified administrative structure and shall
have ultimate management responsibility for the Town. With an outlook that is forward-looking in
perspective, the Town Manager shall offer informed strategic vision and advice to the l"own Council on
policy development, shall suggest public policy alternatives, and shall be responsible for making s�re
that approved policies and procedures are implemented. The Town Manager shall also be responsible
to the Town Council for the administration of the day-to-day activities of the Town and for all Town
officers and employees placed in the charge of the Town Manager by or under this Charter or by any
action of the Town Council.
(Ord. No. 18-99, § 1, 12-14-99)
Sec. 4.02. Qualifications; Appointment; Removal; Compensation; Performance
Evaluation.
(a) Qualifications. The Town Manager shall be required to bring, among other things directed
by the Town Council, technical competence in public administration, and professional
management skifls to the task of running the Town.
(b) Appointment. The Town Council shall appoint by a majority vote of all Town Council
members, a Town Manager for a period of one year. The Town Manager may be reappointed to
an unlimited number of one year terms.
(c) Removal. The Town Council may by majority vote of all Town Council members, suspend
or remove the Town Manager at any time with or without cause prior to the expiration of his or
her term. During any suspension, the Town Manager shall continue to receive his or her salary
until the effective date of a final resolution of removal. In th� event of removal other than for
good cause shown, the Town Manager's salary shall continue until the end of the term.
(d) Compensation. The compensation of the Town Manager shall be f+xed by the Town
Council and shall not be reduced during any one term of office.
(e) Performance Evaluation. At least once each year, the Mayor and Town Council shall
individually evaluate the Town Manager's performance, in accordance with such procedures as
the Town Council shall, from time to time, adopt.
(Ord. No. 18-99, § 1, 12-14-99)
Sec. 4.03. Acting Town Manager.
By letter filed with the Town Council, the Town Manager shall designate, subject to approval of
the Town Council, a qualified Town administrative officer to exercise the powers and to perform the
duties of Town Manager during the Town Manager's temporary absence or disability. During such
absence or disability, the Town Council may revoke such designation at any time and appoint another
officer of the Town to serve until the Town Manager shall return or the Town Manager's disability shall
�,se.
(Ord. No. 18-99, § 1, 12-14-99)
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CHARTER § 5.1
Section 4.3. Qualification of Candidates for Town Commission.
A candidate for the office of Town Commissioner must be a registered voter and resident of
the Town of Jupiter Island and must register with the Town Clerk between February 16 and
March 1 of the year of election.
Section 4.4. Form of Ballot.
The Town Commission shall prescribe the form of the ballot for all Town Elections.
Section 4.5. Voting.
When there are more candidates for the office of Town Commissioner tha.n there are open
positions, the persons receiving a plurality of the votes cast shall be declared to have been
elected.
In the event a vacancy in cand.idacy is caused by death, withdrawal or removal of a
candidate subsequent to the candidate qualifying pursuant to the procedures established by
the Town, so as to leave fewer candidates than open positions for the office in which the
vacancy in candidacy has occurred, then and in that event, the remaining candidate or
cand.idates shall be considered elected. In the event the vacancy in candidacy leaves fewer
candidates remaini.ng than open positions, the Town Commission may fill the vacancy in office
pursuant to the �rovisions of Section 3.4 of this Charter.
� Section 4.6. Qualification of Electors.
Any person who is a resident of the Town, who has qualified as an elector of this state, and
who registers in the manner prescribed by general law and ordinance of the Town shall be a
qualified elector of the Town.
Section 4.7. Recall.
There shall be no power of recall or removal from office of any elected official of the Town
egcept as provided by the Laws of the State of Florida.
Section 4.8. Charter Amend.ments. �
This Charter may be amended in accordance with the provision for charter amendments as
spec�ed in the Municipal Home Rule Powers Act, Chapter 166, Florida Statutes, or its
successor. The form, content and certification of any petition to amend shall be established by
ordinance.
ARTICLE V. TOWN MANAGER
Section 5.1. Appointment.
The Town Manager shall be appointed by the Town Commission by resolution, which
resolution shall be adopted by a majority of all members of the Town Commission. The Town
Manager shall serve at the pleasure of the Town Commission and may be removed from office
by resolution adopted by a majority of all members of the lbwn Commission.
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,.06 GULF STREAM CODE
(2) Volates any standard conduct or code of AR.TICLE IV. ADMIl�IISTR.ATIVE
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 Vacdncies. A vacancy 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 Comm.ission 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 Vdcancies. 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 interi.m Commission that ficer, consultant or employee his kind and amount
sha12 call a special election. of compensation and his employee benefit status.
Section 3.07. Procedure.
AR,TICLE V NOMIl�TATIONS 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 �y person who is a resident of the Town who
�embers and, whenever practicable, upon no less has qualified as an elector of this state, a.nd who
_�an twelve (12) hours' ndtice 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 1bwn.
(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 nomi.nations and elections for the office of
Town Commissioner shall be conducted on a non-
(c) Voting. Voting, on ordinances and resolu- P�san 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 Comm.issioner, 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 Com.mis-
manner an.d subject to the penalties prescribed by sioner shall be nomi.nated for such office(s) by the
the rules of the Com.mission. No action of the filing of a written notice of candidacy with the
Com.mission except as otherwise provided in the designated Town official at such time and in such
preceding sentence shall be valid or binding un- ma.nner 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) AnnualAudit. 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
financial 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
CHT:4
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Charter incorporating amendments to the office of the Florida
Secretary of State.
ARTICLE IV. ADMINISTRATIVE
Sec. 4.01. Town Manager.
The Town Commission shall have all administrative powers of the
Town vested therein. There shall be a Town Manager who shall be the
chief administrative officer of the Town. The Town Manager shall be
responsible to the Town Commission for the administration of all
Town affairs placed in his or her charge by the Town Corrunission
and by, under or in pursuance of this Charter.
Sec. 4.02. Appointment; Qualifications; Removal; Compensation.
A. Appointment. The Town Commission shall appoint a Town
Manager for an indefuute term by a majority vote of all of the Town
Co�issioners.
B. Qualifications. The Town Manager shall be chosen solely on
the basis of executive and administrative qualifications and need not
be a resident or land owner of the Town.
C. Removal. The Town Commission may remove the Town
" Manager by a majority vote of all the Town Commissioners and, upon
demand by the Town Manager, a public hearing on removal shall be
held prior to a vote on removal.
. D. Compensation. Compensation of the Town Manager shall be
fixed by the majoriiy vote of the Town Commission.
Sec. 4.03. Power and Duties of the Town Manager.
The powers and duties of the Town Manager shall be as prescribed
by the Town Comnussion and shall include, but not be limited to, the
following: `
A. Appointing, and when he or she deems it necessary for the
good of the Town, suspending or removing any Town employees and
appointive administrative officers provided for by or under this
Charter, except as otherwise provided by law, this Charter or
personnel rules adopted pursuant to this Charter. He or she may
authorize any administrative officer who is subject to his direction and
supervision to exercise these powers with respect to subordinates in
that officer's department, office or agency. Any suspended or removed
employee or officer shall have a right to appeal the suspension or
removal, which appeal shall be made, in writing, setting forth the
grounds therefor, shall be filed with the Town Clerk within thirty (30)
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� S4.02 - Appointment; Re�aval; Campenaation
(a) A�paintment. The council shall appoint a city
J manager far an indefinite term by a majority vote of all the
1 . caun�i ltae+*� rs .
(b) Removal The council may remove the manager
1 , by a majority vote of a11 th� covnci]�ae.mbers and upon dna+and
�,� by the manager, a public hearing shall ba held pricr to a vote
to remove the manager.
� (c) Compensation. The compensation of the managnr
shall be fixed by the council�and shall not be reduced durinq
� his tenure.
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54.03 - Actinq City Manager
I By letter filed with t,kie cauncil, the manaqnr shall
) designata, subject to approval of the council, a qualified city
'� administrative officer to exercise the powers and perfona the
� duties of manager during his tempvrary absence or disability.
During such absence or d�.sability, thc counci2 may revoke such
f desiqnation at any tinse azd �ppoint another officer of the
1
city to serve until the manager shall return or his disability
� . shall cease.
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