33-90 ORDINANCE NO. 33-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES
OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH,
FLORIDA TO ARTICLE iii, "LEGISLATIVE" BY AMENDING
SECTION 3.01, "COMMISSION-CITY MANAGER FORM OF
GOVERNMENT; TERM OF OFFICE; NUMBER; OFFICES OF
VICE-MAYOR AND DEPUTY VICE-MAYOR; SUCCESSION TO
OFFICE OF MAYOR", TO CHANGE THE LENGTH OF COMMIS-
SIONERS TERMS FROM 2 TO 3 YEARS; BY ENACTING A NEW
SUBSECTION 3.01(c) LIMITING COMMISSIONERS TO TWO
CONSECUTIVE TERMS; TO ARTICLE IV, "ADMINISTRATIVE-
EXECUTIVE", SECTION 4 . 02, "APPOINTMENT; REMOVAL;
COMPENSATION", BY AMENDING SUBSECTION (b) PROVIDING
THAT THE TERMINATION OF THE CITY MANAGER REQUIRE AT
LEAST FOUR AFFIRMATIVE VOTES, PUBLIC NOTICE AND A
PUBLIC HEARING; TO ARTICLE IV, "ADMINISTRATIVE-
EXECUTIVE", SECTION 4.08, "LEGAL COUNSEL APPOINT-
MENT, REMOVAL AND COMPENSATION", BY AMENDING SUB-.
SECTION (b) PROVIDING THAT THE TERMINATION OF THE
CITY ATTORNEY REQUIRE AT LEAST FOUR AFFIRMATIVE
VOTES, PUBLIC NOTICE, AND A PUBLIC HEARING; PROVID-
ING FOR A REFERENDUM ELECTION TO BE HELD ON NOVEMBER
6, 1990; PROVIDING A REPEALER CLAUSE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
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 3.01,
"Commission-City Manager Form of Government; Term of Office; Number;
Offices of Vice-Mayor and Deputy Vice-Mayor; Succession to Office of
Mayor", of the City Charter of the City of Delray Beach, Florida,
Chapter 25788, Laws of Florida, Special ACts of 1949 and amendments
thereto be further amended to read as follows:
Section 3.01. COMMISSION-CITY MANAGER FORM OF GOVERNMENT; TERM OF
OFFICE; NUMBER; OFFICES OF VICE-MAYOR AND DEPUTY VICE-MAYOR; SUCCESSION
TO OFFICE OF MAYOR.
(a) There shall be a commission with all legislative powers of the
city vested therein. The commission shall be composed of five (5)
commissioners, all of whom shall be qualified electors and have such
other qualifications as are prescribed by law, one of whom shall be duly
elected mayor, all of whom shall be elected at large for a term of tw~
%R} three (3) years in the manner provided in this charter. The mayor
and commissioners shall assume office on the last Thursday in March
following their election or on the last Friday in March should the last
Thursday fall on a legal holiday. In the event a vacancy shall occur in
the office of mayor, the vice-mayor shall automatically become mayor.
In the event a vacancy shall occur in the office of vice-mayor, the
deputy vice-mayor shall automatically become vice-mayor, and a new
deputy vice-mayor shall be selected by the commission. Tw~-%~}-~mm~s-
s~e~s--sha~½--be--e~ee~e~--~--eve~-~mbe~e~--yea~sT--a~--~w~--~
eemm~ss~eners-sha~-be -e~eeeeS-i~ -eS8-~u~be~e8-years? Two (2) commis-
sioners, for which terms are expiring in 1991, shall be elected in 1991
and every three (3) years thereafter, and two (2) commissioners and the
mayor, for which terms are expiring in 1992t shall be elected in 1992
and every three {3) years thereafter unless a vacancy or vacancies
exist, in which event successors for the filing of any unexpired term or
terms shall be elected or appointed as herein provided, in order to
carry out the intent and meaning of this charter. Furthermore, the
commissioner shall be elected for a ~we-~ three (3) year term, whether
by regular election ~r__~-~--- -- _~.. ~ ~ ~ vacancy ~.~' the office of the
commissioner, and without regard to whether such election is held in an
even or odd-numbered year.
(b) The commission shall hold an organizational meeting immediate-
ly following the assumption to the offices of mayor and/or commissioner
seats on the last Thursday in March following their election or on the
last Friday in March should the last Thursday fall on a legal holiday,
and at such time shall select from the commissioners other than the
mayor, a vice-mayor, and a deputy vice-mayor, both of whom shall serve
in that capacity at the pleasure of the cormmission until the organiza-
tional meeting of the following year.
Section 2. That Section 1 of 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 November 6, 1990 for the purpose of approving or disapproving
Section 1 of this Ordinance. The question to be submitted to the
electors at such election shall be substantially as follows:
AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF
DELRAY BEACH, FLORIDA, TO CHANGE THE LENGTH OF
COMMISSIONER'S AND MAYOR'S TERMS OF OFFICE FROM TWO
(2) YEARS TO THREE (3) YEARS.
SHALL THE ABOVE-DESCRIBED CHARTER AMENDMENTS BE
ADOPTED:
FOR APPROVAL
AGAINST APPROVAL
If a majority of the electors voting upon such question
approve the amendment(s), then the amendment(s) shall be in full force
and effect. If a majority of the electors voting upon such question
disapprove such amendment(s), then the amendment(s) shall be null and
void.
Section 3. That Article III, ""Legislative", Section 3.01,
"Commission-City Manager Form of Government; Term of Office; Number;
Offices of Vice-Mayor and Deputy Vice-Mayor; Succession to Office of
Mayor", of the City Charter of the City of Delray Beach, Florida,
Chapter 25788, Laws of Florida, Special Acts of 1949 and amendments
2 ORD. NO. 33-90
thereto be further amended by enacting subsection (c) to read as
follows:
(c) The individual commissioners and mayor shall be prohibited
from holding office for more than two (2) consecutive terms. The term
"holding office" shall include any commission seat or mayoral seat, not
only the seat which the individual is seeking. The term "consecutive
terms" shall require an absence from holding office for at least one (1)
year on the part of the individual seeking office either by election or
appointment.
Section 4. That Section 3 of 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 November 6, 1990 for the purpose of approving or disapproving
Section 1 of this Ordinance. The question to be submitted to the
electors at such election shall be substantially as follows:
AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF
DELRAY BEACH, FLORIDA, TO LIMIT THE COMMISSIONERS
AND MAYOR TO TWO (2) CONSECUTIVE TERMS IN OFFICE.
SHALL THE ABOVE-DESCRIBED CHARTER AMENDMENTS BE
ADOPTED:
FOR APPROVAL
AGAINST APPROVAL
If a majority of the electors voting upon such question
approve the amendment(s), then the amendment(s) shall be in full force
and effect. If a majority of the electors voting upon such question
disapprove such amendment(s), then the amendment(s) shall be null and
void.
Section 5. That Article IV, "Administrative-Executive",
Section 4.02, "Appointment; Removal; Compensation", subsection (b) of
the City Charter of the City of Delray Beach, Florida, Chapter 25788,
Laws of Florida, Special Acts of 1949 and amendments thereto be further
amended to read as follows:
(b) Removal. ~he-e~y-ma~a§e~-a~-a~-~mesT-sha~-he~-~ee-a~
the -~eas~e -of -a -ma~er~ -e~ -a~ -the -e~mm~ss~e~ The cit~ manager
shall only be terminated by the city commission upon the casting of four
(4) affirmative votes 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 meetin9 at which the vote takes
place.
Section 6. That Article IV, "Administrative-Executive",
Section 4.08, "Legal Counsel Appointment, Removal and Compensation",
subsection (b) of the City Charter of the City of Delray Beach, Florida,
3 ORD. NO. 33-90
Chapter 25788, Laws of Florida, Special Acts of 1949 and amendments
thereto be further amended to read as follows:
(b) Removal. The city attorney a~ shall only be terminated by
the city commission upon the casting of four (4) affirmative votes in
favor of such termination. Said vote shall not take place except at a
public hearin~ which has been duly noticed seventy-two (72) hours in
advance of the meeting at which the vote takes place, s Special
counsel, at all times, shall hold office at the pleasure of a majority
of the commission. AssistanL'Jity attorneys may be removed with or
without cause by the city attorney.
Section 7. That Sections 5 and 6 of 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 November 6, 1990 for the purpose of approving or disapproving
Section 1 of this Ordinance. The question to be submitted to the
electors at such election shall be substantially as follows:
AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF
DELRAY BEACH, 'FLORIDA, PROVIDING THAT THE TERMINA-
TION OF THE CITY MANAGER OR CITY ATTORNEY SHALL
REQUIRE FOUR (4) AFFIRMATIVE COMMISSION VOTES TAKEN
AT A PUBLIC MEETING AFTER A PUBLIC HEARING WHICH HAS
BEEN NOTICED SEVENTY-TWO (72) HOURS IN ADVANCE.
SHALL THE ABOVE-DESCRIBED CHARTER AMENDMENTS BE
ADOPTED:
FOR APPROVAL
AGAINST APPROVAL
If a majority of the electors voting upon such question
approve the amendment(s), then. the amendment(s) shall be in full force
and effect. If a majority of the electors voting upon such question
disapprove such amendment(s), then the amendment(s) shall be null and
void.
Section 8. That upon the approval of this Ordinance by the
electors as aforesaid, all ordinances or Charter provisions or parts of
Charter provisions in conflict with shall be and the same are hereby
repealed as of the effective date of this ordinance.
Section 9. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, 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 thereof other than the part declared to be invalid.
4 ORD. NO. 33-90
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1990.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
5 ORD. NO. 33-90
[IT¥ OF DELRFI¥ BEI:I[H
Date: August 8, 1990
To: City Commission
From: Jeffrey S. Kurtz, City Attorney
Subject: Super Majority Vote Required For Termination of City
Attorney
The City Commission, at its July 31 workshop by consensus,
directed our office to draft an ordinance calling for certain
charter amendments, including the requirement that it would
take four affirmative votes to fire either the City Attorney
and the City Manager.
As I stated at the workshop meeting, the passage of such a
charter amendment would be a significant limitation on the
power of the Commission and should be proposed to the voters
with the full understanding of the ramifications of such being
passed.
With respect to the City Attorney question, the Commission must
further be aware that the positions of City Manager and City
Attorney are different in scope and demand. In addition to the
obligations imposed upon a relationship between the City
Commission and City Attorney by the charter and ordinances,
there is an attorney/client relationship established between
the City and its attorney which subjects the City Attorney to
the ethical obligations set forth by the Florida Bar. Within
the attorney/client relationship is the general ability of the
client to terminate the relationship on an at-will basis. The
City Attorney works for the entire Commission and, through
them, the entire City and the public. It is therefore more
difficult than a one-to-one attorney/client relationship in
determining what the needs and demands of the client are,
however, that is crystallized when there is a. majority vote on
a particular subject. The attorney/client relationship would
be difficult to maintain if the majority of the Commission
desire the services of another attorney. Therefore, I would
respectfully suggest that, at least to the limitation on the
power of the City Commission to terminate the City Attorney,
that matter be stricken from the proposed charter amendment.
Should any Commissioner wish to discuss this matter further,
please do not hesitate to contact our office.
JSK:sh