Ord 37-12 DENIEDORDINANCE NO. 37 -12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS
BY AMENDING SECTION 4.02, "APPOINTMENT; REIVIOVAL;
COMPENSATION ", BY AMENDING SUBSECTION (B), "REMC)VA' ;
TO PROVIDE THAT THE REMOVAL OF THE CITY MANAGER
SHALL ONLY REQUIRE A MAJORITY
REFERENDUM ON MARCH 12, 2013,
REPEALER CLAUSE; PROVIDING A SA
AN EFFECTIVE DATE. 'A
WHEREAS, the City Commission es
from the Community as to potential Chatter revisiq
TOTE; PROVIDING FOR A
P DINQ A GENERAL
MK CLAUSE;, Pl' OVIDING
Chart k",. 'iew Committee which sought input
WHEREAS, the City Comt lKon, aft �, ievie- i
Question set forth in this Ordinance to a vote of the c1cct61aw,
NOW, THEREFO .E, BE IT O D BY 2.
OF DELRAY BEACH, FLORIDA:
Section 1. t Section 4.02, "Appointme t;
Subsection (B), "Removal ". ,
of .the pro :.c 1, has decided to put the
COMMISSION OF THE CITY
Removal; Compensation ", by amending
Section 4.02. - APPOINTMENT; REMOVAL; COMPENSATION.
of the City of
favorable vote
v:
Refilowl. The City- anaget shall only be terminated by the City Commission upon the e-,tsting of
fe r{9} a€t }nr3 t =�a p ajority vote in favor of such termination. Said vote shall not take
place except at a public hearing which has been duly noticed seventy -two (72) hours in advance
of the meeting at which the vote takes place.
The Chattet amendment proposed by this ordinance shall be submitted to the electors
G y Beacl at the regular election of Match 12, 2013 and shall be deemed adopted upon the
of ft, x a "grity p'f the City electors voting at that time upon the following question:
QUESTION NO.
CHARTER AMENDMENT- CITY MANAGER REMOVAL
CURRENTLY THE CHARTER PROVIDES THAT THE CITY MANAGER MAY
ONLY BE REMOVED UPON THE AFFIRMATIVE VOTE OF FOUR
COMMISSIONERS. THE CHARTER AMENDMENT PROPOSES TO CHANGE
THE REQUIREMENT FROM FOUR VOTES REQUIRED FOR REMOVAL TO A
MAJORITY OF THE COMMISSION (THREE VOTES) REQUIRED FOR REMOVAL.
SHALL THE CHARTER AMENDMENT BE ADOPTED?
YES (FOR APPROVAL)
NO (AGAINST APPROVAL)
Section 3. That upon the approval of this
ordinances or parts or ordinances or Charter provisions or par
be and the same are hereby repealed as of the effective date 99
Section 4. That any clause, section
or unconstitutional by a court of competent jurisdi oz
thereby but shall remain in full force and effect. <\
Section 5. That this ordishall ..
reading and in accordance with Section 2 above:\
PASSED AND ADOPTED m
.� D
day of , 2012.
t
by the electors as set`,fordi above, all
:r p ovigions in conflict .herewith shall
part of rdinanc eclared invalid
nainddWthis ordinanc ll not be affected
on second and final
and final reading on this the
MAYOR
2
ORD NO. 37-12
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.G. - REGULAR COMMISSION MEETING OF OCTOBER 16.2012
ORDINANCE NO. 37-12
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 Section 4.02, "Appointment;
Removal; Compensation ", by amending Subsection (B), "Removal "; to provide that the removal of the
City Manager shall only require a simple majority vote; providing for a referendum on March 12, 2013.
BACKGROUND
At the first reading on October 2, 2012, the Commission passed Ordinance No. 37 -12.
RECOMMENDATION
Recommend Commission discretion.
http:// itwebapp /AgendaIntranetBluesheet .aspx ?ItemlD = 6090 &MeetingID =392 10/18/2012
ORDINANCE NO. 37-12
AN ORDINANCE OF THE CITY COMMISSION
DELRAY BEACH, FLORIDA, PROVIDING FOR CI
BY AMENDING SECTION 4.02, "APPOINT]
COMPENSATION ", BY AMENDING SUBSECTIOl
TO PROVIDE THAT THE REMOVAL OF TIj
SHALL ONLY REQUIRE A MAJORITY VOTE; I
REFERENDUM ON MARCH 12, 2013, P T
OF THE CITY OF
ARTER- REVISIONS
REPEALER CLAUSE; PROVIDING A S CLA
AN EFFECTIVE DATE.
WHEREAS, the City Commission
from the Community as to potential Charter revisi
WHEREAS, the City Comq
Question set forth in this Ordinance to a vote
NOW, T]
OF DELRAY BEACH,
Section 1.
Subsection (B), "Remove
Section 4.02. - APP
(B) inrb . I
4tplace exc
of the me
BE IT 0
MANAG FOR
IN
GENERAL
kOVIDING
soughtinput
has decided to put the
COMMISSION OF THE CITY
Removal; Compensation", by amending
REMOVAL; COMPENSATION.
anager shXonly be terminated by the City Commission upon the eftsting of
Sri T vote in favor of such termination. Said vote shall not take
Vwhicg which has been duly noticed seventy -two (72) hours in advance
ite takes place.
Sec The er amendment proposed by this ordinance shall be submitted to the electors
of the City of Bea a regular election of March 12, 2013 and shall be deemed adopted upon the
favorable vote o the City electors voting at that time upon the following question:
QUESTION NO.
CHARTER AMENDMENT- CITY MANAGER REMOVAL
CURRENTLY THE CHARTER PROVIDES THAT THE CITY MANAGER MAY
ONLY BE REMOVED UPON THE AFFIRMATIVE VOTE OF FOUR
COMMISSIONERS. THE CHARTER AMENDMENT PROPOSES TO CHANGE
THE REQUIREMENT FROM FOUR VOTES REQUIRED FOR REMOVAL TO A
MAJORITY OF THE COMMISSION (THREE VOTES) REQUIRED FOR REMOVAL.
SHALL THE CHARTER AMENDMENT BE ADOPTED?
YES (FOR APPROVAL)
NO (AGAINST APPROVAL)
Section 3. That upon the approval of this
ordinances or parts or ordinances or Charter provisions or par
be and the same are hereby repealed as of the effective date of
Section 4. That any clause, section
or unconstitutional by a court of competent jurisdiclie
thereby but shall remain in full force and effect. A
Section 5. That this ordiM
reading and in accordance with Section 2 above.
day of
ATTEST:
First
Second
PASSED AND
-2012.
leclared invalid
not be affected
on second and final
and final reading on this the
2
ORD NO. 37 -12
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.D. - REGULAR COMMISSION MEETING OF OCTOBER 2, 2012
ORDINANCE NO. 37-12
ITEM BEFORE COMMISSION
Adoption of Ordinance 37 -12 regarding a proposed change to the Charter to change the number of votes
needed to remove the City Manager from 4 votes to 3 votes.
BACKGROUND
This proposed Ordinance would change the number of votes required to remove the City Manager from
four votes to just a majority vote, which is three. 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/ Agendalntranet /Bluesheet.aspx ?ltemID =6041 &MeetinglD =390 10/8/2012
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