Ord 40-10ORDINANCE NO. 40-10
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR REVISIONS TO
THE CHARTER OF THE CITY OF DELRAY BEACH BY
AMENDING ARTICLE III, "LEGISLATIVE", SECTION 3.02, "CITY
COMMISSION: COMPOSITION, ELIGIBILITY, ELECTION, AND
TERMS"; AMENDING ARTICLE V, "ELECTIONS", SECTION 5.02,
"TYPES OF ELECTIONS"; TO PROVIDE FOR A CHANGE IN THE
LENGTH OF A TERM FROM A TWO YEAR TERM TO A THREE
YEAR 'PERM; PROVIDING FOR A REFERENDUM ELECTION TO
BE HELD ON MARCH 8, 2011; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the governing body of a municipality may by ordinance submit a proposed
amendment to the Charter to the electors of the municipality; and
WHEREAS, the City Commission of the City of Delray Beach deems it advisable to amend the
Charter of the City to provide: (i) that the terms of office for the Mayor and other City Commission Members
be extended from two years to three years, (ii) for a reduction in the maximum number of consecutive terms
the Mayor and City Commission Members may serve from three consecutive terms to two consecutive terms.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Article III, "Legislative", Section 3.02, "City Commission; Composition,
Eligibility, Election and Terms", be amended to read as follows:
Section 3.02. CITY COMMISSION: COMPOSITION, ELIGIBILITY, ELECTION, AND
TERMS.
(A) Compoe~ition and Term. The City Commission shall be composed of five (5)
Commissioners, one of whom shall be duly elected Mayor. All of them shall be elected at large for a term of
tie-(~'z} three 3 years in the manner provided in this Charter.
(B) Staggered Term~~. ,
Two (2) Commission seats with terms expiring in 2012 shall be filled by election in 2012 and
every three years thereafter and two~2) Commission seats with terms expiring in 2013 shall be filled by
election in 2013 and every three years thereafter. The Mayor's term commencing in 2013 shall be filled by
election in 2013 and every three years thereafter.
_--- _ -
(C) Length of Mayor's Term. If a special election is held to fill a vacancy in the office of
Mayor, the duration of the Mayor's term of office will be for ~e-(~3 three 3 years commencing on the last
Thursday in March prior to the special election.
(D) Term us a Result of a L~acancy. In the event of vacancies, successors shall be appointed or
elected in the manner provided in this Charter.
Section 2. That Article V, "Elections", Section 5.02, "Types of Elections", be amended to read as
follows:
Section 5.02. TYPES OF ELECTIONS.
Elections to be held in the City shall all be conducted on a nonpartisan basis without regard for or
designation of political party affiliation.
(A) Dale of Nonpartisan Election. Nonpartisan elections shall be held on the second Tuesday
in March of each year in which a term of the mayor or city commissioner expires (which, starting in 2012, will
be every three years thereafter for commission seats 2 and 4, and 2013, and every three years thereafter, for the
mayor and commission seats 1 and 31.
(B) Ties. In case of a tie in the nonpartisan election, a second nonpartisan election shall be
held.
(C) Special Election. All other municipal elections that may be held by authority of this
Charter, or of any law, shall be known as special elections.
Section 3 That this ordinance shall not be effective unless and until the same is approved by a
majority of the electors of the City of Delray Beach, Florida, voting at the election to be held on March 8, 2011,
for the purpose of approving or disapproving this ordinance. If a majority of the electors voting upon such a
question approve the amendment, then the amendment shall be in full force and effect and shall apply to the
election held on March 13, 2012 and all elections thereafter. If a majority of the electors voting upon such
question disapprove such amendment(s), then the amendment(s) shall be null and void. The question to be
submitted to the electors at such election shall be substantially as follows:
~uestion One
CHARTER AMENDMENT -LENGTH OF TERMS AND TERM LIMITS
CURRENTLY, THE COMMISSION MEMBERS (INCLUDING THE MAYOR) SERVE
TWO-YEAR TERMS, LIMITED TO THREE CONSECUTIVE TERMS (SIX YEr1RS).
THE CHARTER AMENDMENT PROPOSES THREE-YEAR TERMS, LIMITED TO
TWO CONSECUTIVE TERMS (SIX YEARS). IF PASSED THIS AMENDMENT SHALL
2 ORD. NO. 40-10
APPLY TO THE COMMISSIONERS AND MAYOR ELECTED IN MARCH 2012 AND
THEREAFTER.
SHALL THE CHARTER AMENDMENT BE ADOPTED?
YES (for approval)
NO (against approval)
Section 4. That upon approval of this ordinance by the electors as aforesaid, all ordinances or
Charter provisions or parts of Charter provisions in conflict shall be and the same are hereby repealed as of the
effective date of this ordinance.
Section 5. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part
declared invalid.
Section 6. That this ordinance shall become effective upon its passage on second and final reading.
The Charter Amendment shall take effect (and be applicable to the election) on March 13, 2012, if approved by
a majority of the electors as provided in Section 3 hereof.
PASSED AND ADOPTED in regular session on second final reading o this 17~h day of
November, 2010.
`~~h
MA
ATTEST:
. \V ,
City Clerk J
First Reading ~~ a~~
Second Reading ~~ft ~,~
3 ORD. NO. 40-10
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: November 3, 2010
Page 1 of 1
SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF NOVEMBER 16.2010
ORDINANCE NO.40-10
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading to consider calling for a referendum on
proposed revisions to the Charter of the City of Delray Beach to amend Article III, "Legislative",
Section 3.02, "City Commission: Composition, Eligibility, Election, and Terms"; and amend Article V,
"Elections", Section 5.02, "Types of Elections"; to provide for a change in the length of a term from a
two (2) year term to a three (3) year term; providing for a referendum election to be held on March 8,
2011.
BACKGROUND
At the first reading on November 2, 2010, the Commission passed Ordinance No. 40-10.
RECOMMENDATION
Recommend approval of Ordinance No. 40-10 on second and final reading.
http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=3962&MeetingID=277 11/17/2010
ORDINANCE N0.40-10
AN ORDINANCE OF THE QTY COMMISSION OF THE
QTY OF DELRAY BEACH, FLORIDA, PROVIDING FOR
REVISIONS TO THE QUARTER OF THE QTY OF
DELRAY BEACH BY AMENDING ARTICLE III,
"LEGISLATIVE", SECTION 3.02, "QTY COMMISSION:
COMPOSITION, ELIGIBILITY, ELECTION, AND TERMS";
AMENDING ARTICLE V, "ELECTIONS", SECTION 5.02,
'"TYPES OF ELECTIONS"; TO PROVIDE FOR A CHANGE
IN THE LENGTH OF A TERM FROM A TWO YEAR TERM
TO A THREE YEAR TERM; PROVIDING FOR A
REFERENDUM ELECTION TO BE HELD ON MARCH 8,
2011; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the governing body of a municipality may by ordinance submit a
proposed amendment to the Chaster to the electors of the municipality, and
WHEREAS, the City Corr~rnission of the City of Delray Beach deems it advisable to
am~eiul the Charter of the City to provide: (i) that the temps of office for the Mayor and other City
Commission Members be extended from tvw years to three years, (ii) for a reduction in the
maximtun number of consecutive temp the Mayor and City Commission Members may serve from
three consecutive temps to two consecutive terms.
NOW THEREFORE, BE IT ORDAINED BY THE QTY COMMISSION OF
THE QTY OF DELRAY BEACH, FLORIDA AS FOLLOWS:
tion 1. That Article III, "Legislative", Section 3.02, "City Commission;
Composition, Eligibility, Election and Tem>s', be amended to read as follows:
Section 3.02. CITY COMMISSION: COMPOSITION, ELIGIBILITY, ELECTION,
AND TERMS.
(A) Corr,~ihon and Tam The City Commission shall be composed of five (5)
Commissioners, one of whom shall be duly elected Mayor. All of them shall be elected at large for a
term of ~ three f31f31 years in the rn~nner provided in this Charter.
with terms expuing,in 2013 shall be filled by election in 2013 and every three years thereafter. The
Mayox's term commencing in 2013 shall be filled by election in 2013 and every three years
thereafter.
(C) L argth of N1ayrn's Tam If a special election is held to fill a vacancy in the
office of Mayer, the duration of the Mayor's term of office will be for 3 three 3 years
commencing on the last Thursday in March prior to the special election
(D) Tam as a Result of a V aarrrz~ In the event of vacancies, successors shall be
appointed or elected in the manner provided in this Charter.
Section 2. That Article V, "Elections", Section 5.02, "Types of Elections", be amended
to read as follows:
Section 5.02. TYPES OF ELECTIONS.
Elections to be held in the City shall all be conducted on a nonpartisan basis without regard
for or designation of political party affiliation
(A) Date gf No-~rtisan
second Tuesday in March of each year in
elections shall be held on the
(B) Ties. In case of a tie in the nonpartisan election, a secorul nonparfisarl
election shall be held
(C) S~xial E lertion. All other municipal elections that may be held by authority of
this Charter, or of any law, shall be lmown as special elections.
Section 3 That this ordinance shall not be effective unless and tmtil the same is
approved by a m~ority of the electors of the City of Delray Beach, Florida, voting at the election to
beheld on March 8, 2011, for the purpose of approving or disapproving this ordinance. If a
m~ ority of the electors voting upon such a question approve the arrrendment, then the amendment
shall be in full force and effect and shall apply to the election held on March 13, 2012 and all
elections thereafter. If a majority of the electors voting upon such question disapprove such
amndment(s), then the amendment(s) shall be null and void The question to be submitted to the
electors at such election shall be substantially as follows:
CHARTERAMENDMENT -LENGTH OF TERMS AND TERM LIMITS
CURRENTLY, THE COMNIISSION MEMBERS (INCLUDING THE MAYOR)
SERVE TWO-YEAR TERMS, LIMITED TO THREE CONSECUTIVE TERMS
(SIX YEARS). THE CHARTER AMENDMENT PROPOSES THREE-YEAR
TERMS, LIMITED TO TWO CONSECUTIVE TERMS (SIX YEARS). IF
PASSED THIS AMENDMENT SHALL APPLY TO THE COMNIISSIONE RS
AND MAYOR ELECTED IN MARCH 2012 AND THEREAFTER.
ORD. NO.40-10
and every three years thereafter, for the mayor and corrnnission seats 1 and 3).
SHALL THE CHARTE R AMENDME NT BE ADOPTED?
YES (for approval)
NO (against approval)
tion 4. That upon approval of this ordinance by the electors as aforesaid, all
ondinarbces or Charter provisions or parts of Charter provisions in conflict shall be and the same are
hereby repealed as of the effective date of this ordinance.
Section 5. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to
be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part
hereof other than the part declared invalid
Section 6. That this ordinance shall become effective upon its passage on second and
final reading. The Charter Amendment shall take effect (and be applicable to the election) on
March 13, 2012, if approved by a majority of the electors as provided in Section 3 hereof.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2010.
ATTEST:
City Qerk
First Reading
Second Reading
MAYO R
ORD. NO.40-10
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: R. Brian Shutt, City Attorney
THROUGH: David T. Harden, City Manager
DATE: October 25, 2010
Page 1 of 1
SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF NOVEMBER 2, 2010
ORDINANCE NO.40-10
ITEM BEFORE COMMISSION
Adoption of Ordinance 40-10 regarding a proposed charter amendment related to change Commission
terms from two years to three years.
BACKGROUND
Pursuant to the direction given by Commission, at its June 8, 2010 workshop meeting, I have prepared
the following charter amendment related to increasing the length of a term of a Commissioner/Mayor
from 2 years to 3 years and reducing the number of terms from 3 to 2 (where the maximum number of
years able to serve is not increased and is still 6). This charter amendment would be placed on the
ballot for the March 2011 election and, if passed, would be effective starting with the March 2012
election cycle.
There has been mention of a requirement to review the charter every ten years, and that 2011 would be
the year for a charter review. We have determined that there is no requirement for a charter review
every ten years. It was just a suggestion by prior Commissions. You could appoint a Charter Review
Committee and direct that they consider whether to increase the length of Commission terms. This
approach would delay implementation of longer terms for at least one year, which means the savings to
be achieved by eliminating one election every three years and the other advantages of longer terms
would be delayed. Furthermore, there is no particular reason to appoint a Charter Review Committee
unless there are other portions of our charter the Commission feels are possibly in need of revision.
Since this issue was last considered in Delray Beach, both Boynton Beach and Boca Raton have
changed from two year to three year terms.
RECOMMENDATION
Staff recommends approval of Ordinance 40-10.
http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=3940&MeetingID=275 11 /3/2010