08-09-11 Special MeetingCITY COMMISSION ~""~''~' ""''`
CITY OF DELRAY BEACH, FLORIDA
SPECIAL MEETING -TUESDAY, AUGUST 9, 2011 A ~~r";rr~reri~_:at;+-r~
6:00 P.M. CITY COMMISSION CHAMBERS
The Ciry will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an
equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City.
Contact Doug Smith at 243-7010, 24 hours prior to the program or activity in order for the Ciry to reasonably
accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers.
SPECIAL MEETING AGENDA
Pursuant to Section 3.12 of the Charter of the Ciry of Delray Beach, Mayor Nelson S. McDuffie has instructed me to
announce a Special Meeting of the Ciry Commission to be held for the following purposes:
1. APPOINTMENT OF PERSON TO FILL UNEXPIRED TERM OF
COMMISSIONER FETZER: Consider appointment of a person to fill the unexpired
term of Commissioner Fetzer (Seat #2) until the March 13, 2012 Municipal Election.
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Please be advised that if a person decides to appeal any decision made by the Ciry Commission with respect to any
matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and
evidence upon which the appeal is based. The Ciry neither provides nor prepares such record.
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: August 5, 2011
SUBJECT: AGENDA ITEM -SPECIAL MEETING OF AUGUST 9, 2011
APPOINTMENT OF PERSON TO FILL UNEXPIRED TERM OF COMMISSIONER
FETZER
ITEM BEFORE COMMISSION
Appointment of a person to fill the unexpired term of Commissioner Fetzer.
BACKGROUND
Pursuant to Section 3.08 of the City Charter if a vacancy occurs in the "Office of Commissioner" sixty
or more days preceding the date of the next regular City election, (Commissioner Fetzer's resignation
was effective August 1), the remaining Commissioners including the Mayor shall appoint, by a majority
vote, a person to fill the vacancy. The person so appointed shall serve until the last Thursday in March
2012, which is the expiration date for Commissioner Fetzer's seat.
In the event the Commission does not agree on a selection by the end of the August 16, 2011 meeting, a
special election would have to be called and held within 60 days (from August 16) to fill the vacancy.
Attached is a list of the applicants who submitted their names, and qualify as electors, to be considered
for appointment to the open commission seat. The procedure for selecting the new Commissioner is also
attached.
RECOMMENDATION
Commission discretion.
Procedure for Selecting a New Commissioner
The selection shall be from the list of candidates that have applied
At the Commission meeting each CommissionerlMayor shall make only one
selection. Each CommissionerlMayor shall be given a sheet with the list of the
candidates on the sheet. The CommissionerlMayor shall place a check on the
line beside their choice. The ballots shall then be signed, folded and passed to
the City Attorney for tabulation.
If a candidate does not receive at least three votes,. the Commission must vote
again, but may only choose from the candidates that received at least one vote in
the fiirst round or previous round. If this process continues after one round, then
a candidate may only be considered if the candidate received at least one vote in
the previous round.
If after a minimum of 3 rounds a candidate has not received a minimum of 3
votes, a motion may be made to table the item until the next regular Commission
meeting.
If the item is tabled until the next regular meeting then the only candidate
selections available at the next regular meeting. are the candidates who received
at least one vote in the last round prior to the matter being tabled, At this
meeting the Commission may continue to vote in order to select a new
Commissianer, or the Commission .may, after a motion has been made to that
effect, elect to hold a special election to fill the vacancy. If a candidate cannot be
selected at this meeting a special election shall be held within 60 .days of the
meeting.
The process described above is to gain a consensus regarding the selection of a
Commissioner. Once a consensus has been reached then a motion will need to
be made to appoint the person.
COMMISSION SEAT #2 APPLICANTS
Jay Alperin
Patricia Langley Archer
Jason Dollard
Kelli Freeman
AlJacquet
George Kallai
Jayne King
Kurt Lehmann
Christina Morrison Pearce
David Stein
Shelly Weil
Signature Date