Ord 36-12ORDINANCE NO. 36-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AMENDING
SECTION 3.02, "CITY COMMISSION: COMPOSITION, ELIGIBILITY,
ELECTION, AND TERMS"; AMENDING 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, BUT NOT
EXTENDING THE MAXIMUM NUMBER OF CONSECUTIVE YEARS A
COMMISSIONER OR MAYOR IS ALLOWED TO SERVE; PROVIDING FOR A
REFERENDUM ON MARCH 12, 2013; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission established a Charter Review Committee which sought input
from the Community as to potential Charter revisions; and
WHEREAS, the City Commission, after a review of the proposal, has decided to put the Question
set forth in this Ordinance to a vote of the electorate.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1. That Section 3.02, "City Commission: Composition, Eligibility, Election, and
Terms ", of the City Charter of the City of Delray Beach is hereby amended to read as follows:
Section 3.02. - CITY COMMISSION: COMPOSITION, ELIGIBILITY, ELECTION,
AND TERMS.
(A) Composition 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 twe-(2) three 3 years in the manner provided in this Charter.
(B) Staggered Terms. , and two
(2) Gemmissionefs shall be eleeted in edd numbered years. The Mayor may be eleeted in an
even ^r ^dd - ,,,.,, number- °a ^°^r Two (2) Commission seats with terms expiring in 2014 shall be
filled by election in 2014 and every three years thereafter. Two (2) Commission seats with
terms expiring in 2015 shall be filled by election in 2015 and every three years thereafter.
The Manor's term commencing in 2015 shall be filled by election in 2015 and every three
years thereafter.
(C) Length of Mayor's Term. If a special or regular election is held to fill a vacancy in the office
of Mayor, the duration of the Mayor's term of office will be for
an the last Thiar -sday in M -area^ p r to the speeial elect a the remainder of the unexpired
term.
(D) Terms as a Result of a Vacancy. In the event of vacancies, successors shall be appointed or
elected in the manner provided in this Charter.
Section 2. That Section 5.02, "Types of Elections ", of the City Charter of the City of Delray
Beach is hereby 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 of Municipal Nonpartisan Election. Municipal nNonpartisan elections shall be held on
the second Tuesday in March of each year in which a term of the Mayor or Commissioner
expires.
(B) Ties. In case of a tie in the municipal 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. The Charter amendment proposed by this ordinance shall be submitted to the electors
of the City of Delray Beach at the regular election of March 12, 2013 and shall be deemed adopted upon
the favorable vote of a majority of the City electors voting at that time upon the following question:
QUESTION NO.
CHARTER AMENDMENT — COMMISSIONER/MAYOR TERM LENGTH
CURRENTLY, THE COMMISSION MEMBERS (INCLUDING THE MAYOR)
SERVE TWO -YEAR TERMS AND ARE LIMITED FROM HOLDING OFFICE FOR
MORE THAN SIX CONSECUTIVE YEARS. THE CHARTER AMENDMENT
PROPOSES THE TERM LENGTHS BE CHANGED FROM TWO YEARS TO THREE
YEARS BUT STILL PROVIDE THAT THE COMMISSION MEMBERS
(INCLUDING THE MAYOR) ARE LIMITED FROM HOLDING OFFICE FOR MORE
THAN SIX CONSECUTIVE YEARS.
2 ORD NO. 36 -12
SHALL THE CHARTER AMENDMENT BE ADOPTED?
YES (FOR APPROVAL)
NO (AGAINST APPROVAL)
Section 4. That upon the approval of this ordinance by the electors as set forth above, all
ordinances or parts of ordinances or Charter provisions or parts of Charter provisions in conflict herewith
shall be and the same are hereby repealed as of the effective date of this ordinance,
Section 5. That if any clause, section or other part of this ordinance shall be declared invalid or
unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected
thereby but shall remain in full force and effect.
Section 6. That this ordinance shall become effective upon passage on second and final reading
and in accordance with Section 3 herein.
A ED AND ADOPTED in regular session on second and final reading on this the W4 day of
2012.
ATTEST: 9a*4 Qi�-
. MAYOR
City Clerk
First Reading
Second Reading
ORD NO. 36-12
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: October 8, 2012
Page 1 of 1
SUBJECT: AGENDA ITEM 11.F. - REGULAR COMMISSION MEETING OF OCTOBER 16.2012
ORDINANCE NO. 36-12
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading to c onsider calling for a referendum on
proposed revisions to the Charter of the City of Delray Beach to amend Section 3.02, "City
Commission: Composition, Eligibility, Election, and Terms ", amending 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, but
not keeping the maximum number of consecutive years a Commissioner or Mayor is allowed to serve at
six years; providing for a referendum on March 12, 2013.
BACKGROUND
At the first reading on October 2, 2012, the Commission passed Ordinance No. 36 -12.
RECOMMENDATION
Recommend Commission discretion.
http: // itwebapp/ Agendalntranet /Bluesheet.aspx ?ItemlD= 6089 &Meeting1D =392 10/22/2012
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: R. Brian Shutt, City Attorney
DATE: September 25, 2012
Page 1 of 1
SUBJECT: AGENDA ITEM 12.C. - REGULAR COMMISSION MEETING OF OCTOBER 2.2012
ORDINANCE NO. 36-12
ITEM BEFORE COMMISSION
Adoption of Ordinance No. 36 -12 regarding a proposed change to the Charter to change the length of
term for a commissioner or mayor from two years to three years.
BACKGROUND
This proposed Ordinance would change the current term length for a Commissioner or Mayor from two
years to three years, but would not increase the number of consecutive years a Commissioner or Mayor
may serve, which is six. The Ordinance also provides that an election shall be held on the second
Tuesday in March of each year when the term of a Mayor or Commissioner expires, and not each year.
This charter amendment would be placed on the ballot for the March 2013 election and would be
effective upon passage at referendum.
RECOMMENDATION
Commission discretion.
http:// itwebapp/ Agendalnti-anet /13lueslieet.aspx ?Itel-nlD= 6040 &MeetinglD =390 10/8/2012
ORDINANCE NO. 36-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AMENDING
SECTION 3.02, "CITY COMMISSION: COMPOSITION, ELIGIBILITY,
ELECTION, AND TERMS"; AMENDING 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, BUT NOT
EXTENDING THE MAXUVIUM NUMBER OF CONSECUTIVE YEARS A
COMMISSIONER OR MAYOR IS ALLOWED TO SERVE; PROVIDING FOR A
REFERENDUM ON MARCH 12, 2013; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission established a Charter Review Committee which sought input
from the Community as to potential Charter revisions; and
WHEREAS, the City Commission, after a review of the proposal, has decided to put the Question
set forth in this Ordinance to a vote of the electorate.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1. That Section 3.02, "City Commission: Composition, Eligibility, Election, and
Terms ", of the City Charter of the City of Delray Beach is hereby amended to read as follows:
Section 3.02. - CITY COMMISSION: COMPOSITION, ELIGIBILITY, ELECTION,
AND TERMS.
(A) Composition 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 two (2) three 3 years in the manner provided in this Charter.
(B) Staggered Terms. , and two
(2) GoFwnissiener-s shall be eleeted in add number-ed years. The Ma5AOF may be eleeted in an
Two (_2) Commission seats with terms expiring in 2014 shall be
filled by election in 2014 and every three years thereafter. Two (22) Commission seats with
terms expiring in 2015 shall be filled by election in 2015 and every three years thereafter.
The Mayor's term commencing in 2015 shall be filled by election in 2015 and every three
years thereafter.
imlaz