Ord 38-12ORDINANCE NO. 38 -12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER
REVISIONS BY AMENDING SECTION 3.09, "TERM LIMITS ",
SUBSECTION (A), "TERM LIMIT "; TO PROVIDE THAT THE
MAXIMUM TIME PERIOD ALLOWED TO HOLD OFFICE, SIX
YEARS, SHALL NOT APPLY IN THE CASE OF A COMMISSIONER
WHO ASSUMES THE OFFICE OF MAYOR, IN THAT CASE THE
TIlVIE SPENT HOLDING OFFICE AS A COMMISSIONER SHALL NOT
COUNT TOWARD THE SIX YEAR MAXIMUM TIME LIMIT;
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 3.09, "Term Limits ", Subsection (A), "Term Limit ", of the
City Charter of the City of Delray Beach is hereby amended to read as follows:
Section 3.09. - TERM LIMITS.
(A) Term Limit. Individual Commissioners, including the Mayor, shall be prohibited
from holding office for more than six (6) consecutive years. However, in the event
a Commissioner assumes the office of Mayor, the time that the Commissioner held
office as a Commissioner shall not count toward the maximum time allowed to
hold the office of Mayor. The person assuming the office of Mayor will be allowed
to hold office for a maximum of six consecutive years. This shall apply to any
Commissioner who has assumed the office of Mayor on or after the March 2013
municipal election. This extension of term limits does not apply in the case of the
Mayor assuming the office of a Commissioner. The term "holding office" shall be
defined as serving as Commissioner or Mayor. The term "consecutive years" shall
not include any years served as a result of an appointment. Effective for those
elected in March of the year 2003 and thereafter, a Commissioner or Mayor may
complete the entire term to which they were elected, if a term limit is reached
during an elected term.
Section 2. 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 — EXTENSION OF TERM LIMITS
FOR A COMMISSIONER WHO IS ELECTED MAYOR
CURRENTLY, THE COMMISSIONERS AND MAYOR CAN ONLY HOLD
OFFICE FOR A MAXIMUM CONTINUOUS PERIOD OF SIX YEARS. THE
CHARTER AMENDMENT PROPOSES THAT IF A COMMISSIONER IS
ELECTED MAYOR, THEN THE TIME SPENT AS A COMMISSIONER
SHALL NOT COUNT TOWARD THE MAXIMUM TIME LIMIT AND THE
PERSON COULD SERVE AS MAYOR FOR A MAXIMUM PERIOD OF SIX
YEARS. THIS EXTENSION WOULD NOT APPLY IF THE MAYOR IS
ELECTED OR APPOINTED TO THE OFFICE OF COMMISSIONER.
SHALL THE CHARTER AMENDMENT BE ADOPTED?
YES (FOR APPROVAL)
NO (AGAINST APPROVAL)
Section 3. 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 4. 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 5. That this ordinance shall become effective upon passage on second and
final reading and in accordance with Section 2 herein.
2
ORD NO. 38-12
\l � XV,,_ AND ADOPTED in regular session on second and final reading on this the
day of , 2012.
MAYO
ATTEST:
City Clerk
First Reading
Second Reading
ORD NO. 38 -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.H. -REGULAR COMMISSION MEETING OF OCTOBER 16, 2012
ORDINANCE NO. 38-12
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 3.09, "Term Limits ",
Subsection (A), "Term Limit "; to provide that the maximum time period allowed to hold office, six (6)
years, shall not apply in the case of a Commissioner who assumes the office of Mayor, in which case
the time spent holding office as a Commissioner shall not count toward the six (6) year maximum time
limit in the office of Mayor; providing for a referendum on March 12, 2013.
BACKGROUND
At the first reading on October 2, 2012, the Commission passed Ordinance No. 38 -12.
RECOMMENDATION
Recommend Commission discretion.
http: // itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID =6091 &MeetingID =392 10/18/2012
ORDINANCE NO. 38 -12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AMENDING
SECTION 3.09, "TERM LIMITS ", SUBSECTION (A), "TERM LIMIT'; TO
PROVIDE THAT THE MAXIMUM TIME PERIOD ALLOWED TO HOLD
OFFICE, SIX YEARS, SHALL NOT APPLY IN THE CASE OF A
COMMISSIONER WHO ASSUMES THE OFFICE OF MAYOR, IN THAT CASE
THE TIME SPENT HOLDING OFFICE AS A COMMISSIONER SHALL NOT
COUNT TOWARD THE SIX YEAR MAXIMUM TIME LIMIT; 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 3.09, "Term Limits ", Subsection (A), "Term Limit ", of the City Charter
of the City of Delray Beach is hereby amended to read as follows:
Section 3.09. - TERM LIMITS.
(A) Term Limit. Individual Commissioners, including the Mayor, shall be prohibited from
holding office for more than six (6) consecutive years. However, in the event a
Commissioner assumes the office of Mayor, the time that the Commissioner held office as a
Commissioner shall not count toward the maximum time allowed to hold the office of
Mayor. The person assuming the office of Mayor will be allowed to hold office for a
maximum of six consecutive years. This shall apply to any Commissioner who has assumed
the office of Mayor on or after the March 2013 municipal election. This extension of term
limits does not apply in the case of the Mayor assuming the office of a Commissioner. The
term "holding office" shall be defined as serving as Commissioner or Mayor. The term
"consecutive years" shall not include any years served as a result of an appointment.
Effective for those elected in March of the year 2003 and thereafter, a Commissioner or
Mayor may complete the entire term to which they were elected, if a term limit is reached
during an elected term.
Section 2. 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 — EXTENSION OF TERM LIMITS FOR A
COMMISSIONER WHO IS ELECTED MAYOR
CURRENTLY, THE COMMISSIONERS AND MAYOR CAN ONLY HOLD OFFICE
FOR A MAXIMUM CONTINUOUS PERIOD OF SIX YEARS. THE CHARTER
AMENDMENT PROPOSES THAT IF A COMMISSIONER IS ELECTED MAYOR,
THEN THE TIME SPENT AS A COMMISSIONER SHALL NOT COUNT TOWARD
THE MAXIMUM TIME LIMIT AND THE PERSON COULD SERVE AS MAYOR
FOR A MAXIMUM PERIOD OF SIX YEARS. THIS EXTENSION WOULD NOT
APPLY IF THE MAYOR IS ELECTED OR APPOINTED TO THE OFFICE OF
COMMISSIONER.
SHALL THE CHARTER AMENDMENT BE ADOPTED?
YES (FOR APPROVAL)
NO (AGAINST APPROVAL)
Section 3. 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 4. 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 5. That this ordinance shall become effective upon passage on second and final reading
and in accordance with Section 2 herein.
PASSED AND ADOPTED in regular session on second and final reading on this the day of
, 2012.
ATTEST:
City Clerk
MAYOR
2 ORD NO. 38-12
First Reading
Second Reading
ORD NO. 38-12
Coversheet
1��17: _ ►1�11�
TO: Mayor and City Commissioners
FROM: R. Brian Shutt, City Attorney
DATE: September 25, 2012
Page 1 of 1
SUBJECT: AGENDA ITEM 12.E. - REGULAR COMMISSION MEETING OF OCTOBER 2, 2012
ORDINANCE NO. 38-12
ITEM BEFORE COMMISSION
Adoption of Ordinance 38 -12 regarding a proposed change to the Charter to provide that in the event of
a Commissioner assuming the office of Mayor, the time spent as a Commissioner shall not count toward
the six year maximum time limit as Mayor.
BACKGROUND
Under the current wording of the Charter if a Commissioner assumes the office of Mayor, the time spent
as a Commissioner shall count toward the six year maximum limit for time in office. The proposed
Ordinance provides that if a Commissioner assumes the office of Mayor the time spent as a
Commissioner would not count toward the six year maximum time limit and the person would be
allowed to hold the office of Mayor for six years. This Ordinance does not allow the Mayor to assume
the office of Commissioner and have the time spent as Mayor not count toward the six year maximum
time limit. 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 /AgendalntranetBluesheet.aspx ?Item I D =6043 &Meetin -ID =390 10/8/2012
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