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Ordinance 1976-001 Charter Revision ORDINANCE NO. 1 -78 AN URDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, PURSUANT TO CHAPTER 166, FLORIDA STATUTES, ADOPTING AMENDMENTS TO THE CHARTER •OF THE VILLAGE; PROVIDING THAT THIS ORDINANCE OF AMENDh7ENT SHALL ' BE SUBMITTED TO THE ELECTORS OF THE VILLAGE AT THE NEXT GENERAL ELECTION TO BE HELD 1N THE VILLAGE IN THE; FORM OF A PROPOSITION ON THE REFERENDUA4 ELECTION BALLOT; SAID PROPOSITION BEING, SHALL THE AMENDMENTS TO THE CHARTER OF THE VILLAGE OF NORTH PALM BEACH AS SET FORTH 1N SECTION 1 OF THIS ORDINANCE BE ADOPTED; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH. FLORIDA: Section 1. Pursuant to Chapter 166, Florida Statutes, Articles III through XII, both inclusive, of the Charter of the Village of North Palm Beach be and the same are hereby amended and adopted ea Articles III through VI, both inclusive, as follows: ' ARTICLE IH LEGISLATIVE Section 1. Village Council; Powers and Composition. There shall be a village council with ail legislative powers of the village vested therein consisting of five (5) members who shall be electors of the village, tvho shall be elected by the electors of the village. Section 2. Election and Terms. On the third Tuesday in R4arch of each year a general election shall be held to elect members of the village council. The selection of members.of the village council shall be by groups to be known as Croups 1, 2, 3, 4 and 5. The councilmen in Groups 1, 3 and 5 shall ba elected in the even yeat•s and councilmen in Groups ?, and 4 shall be elected in ' tl;e odd years. The term of office of a councilman shall commence upon his election and qualification and shall continue for two years thereafter and until l;i;~ successor is elected and qualified. Section 3. Mayor. The council shall elect from among its members a mayor, a vice mayor, and a president pro tem to serve of the pleasure of the council. ESlec~ion of the mayor, vice mayor, and president pro tem shall be done annually at the first (1st) regular council meeting after the village•election. The mayor ' shall preside at meetings of the council, shall be recognized as head of village government for all ceremonial purposes, by the governor for purposes of military law, for service of process, execution of contracts, deeds and other documents, and as the village official designated to represent the village in all agreements with other governmental entities or certifications to other governmental entities, but shall have no administrative duties except as required to carry out the responsibilities herein. The vice mayor shall act as mayor during the absence or disability of the mayor. The president pro tem shall preside at council meetings in the absence of the mayor and vice mayor. The mayor shall have power, for sufficient cause, to suspend any Village officer or official appointed by the council. In case of the suspension of any such ' person, the mayor shall, within fifteen (15) days thereafter, deliver to the village clerk, or his deputy, a specification in writing of the charges preferred to the officer suspended; and it shall be the duty of said clerk to present such chax•ges [o the council at its next meeting following the receipt of such charges by hitn. Thereafter the council shall proceed to hear and determine the said charges after reasonable notice of such hearing to the suspended officer, who shall be given an opportunity to be heard with his cvitnesses. If upon such hearing the charges preferred against such officer shall not be sustained by the council, the officer shall be thereby immediately restored to office unless the council shall decide to terminate the services of such officer for other cause, or without cause. In the event that any village officer shall be suspended by the It4ayor as ' heroin provided, the 111ayor shall have power to appoint some person or some other officer of the Village temporarily to perform the duties of the officer suspended, unfit the chargms against such suspended officer are heard and determined by the council. Section 4. Compensation and Expenses. The council may determine flu, annual salary of council members by ordinance, but no ordinance increasing; . .:.,:pry sh_~.1i Locc^:a effective until the dat-~ of commencement of the terms -2- of the council meambers elected at the next regular election, provided that such election follows the adoption of such ordinance by at least six (6) months. Section 5. Vacancies; Forfeiture of Office; Filling of Vacancies. (a) Vacancies. The office of a council member shall become vacant ' upon his death, resignation, removal from office in any manner authorized by lacti or forfeiture of his office, such forfeiture to be declared by the remaining members of the council. (b) Forfeiture of Office. A council member shall forfeit his office if tie lacks at any time during his term of office any qualification for the office prescribed by this charter or by law. (c) Filling of Vacancies. A vacancy of the council shall be filled in one of the following ways: (1) If there are less than six (6) months remain- ing in the unexpired term or if there are less than six (6) months before the next regular village election, the council by a majority vote of the remaining members shall choose a successor to serve until the newly elected council ' member is qualified. (2) If there are more than six (6) montkis remaining in the unexpired term and no regular village election is scheduled within six (6) months, the council shall fill the vacancy on an interim basis as provided in (]), and shall schedule a special election to be held not sooner than sixty (60) days, nor rnore than ninety (90) days following the occurrence of the vacancy and if a runoff election is necessary, it shall be scheduled one (1) week after the spacial election. Notwithstanding any quorum requirements established herein, if at any time the membership of the council is reduced to less than a yuorum, the remaining members may by majority vote, appoint additional r.~~a~~bers under either (1) or (2) above. (d) Extraordinary Vacancies. In the event that all members of ' th~~ council are removed by death, disability, law or forfeiture of office, the g{overnor shall appoint an interim council that shall call a special election as proc~ided in (c) above and such election shall be held in the same manner as the first (1st) election under this charter. -J" Section 6. Prohibitions. (a) Appointment and Removals. Neither the council nor any of its members shall in any manner dictate the appoi~~tment or removal of any village administrative officers or employees whom the manager or any of his ' subordinates are empowered to appoint, but the council may express its views and fully and freely discuss with the manager anything pertaining to appoint- ment and removal of such officers and employees. (b) Interference with Administration. Except for the purpose of inquiries and investigations, the council or its members shall deal with village officers and employees who are subject to the direction and supervision of the manager solely through the manager, and neither the council nor its members shall give orders to any such officer or employee, either publicly or privately . Nothing in the foregoing is to be construed to prohibit individual members of the council from closely scrutinizing by questions and personal observation, all aspects of village government operations so as to obtain ' independent information to assist the members in the formulation of sound policies to be considered by the council. It is the express intent of this charter, however, that recommendations for improvement in village governtent operations by individual council members be made to and through the village manager, so that the manager may coordinate efforts of all village departments to achieve the greatest possible savings through the most efficient and sound means available. (c) Bolding Other Office. No former elected village official shall hind any compensated appointive village office or employment until one (1) year after the expiration of the term for which he was elected Section 7. Turnover of Documents. It shall be the duty of every officer of ' thr-, village within ten (10) days after the expiration of his term of office or of his removal therefrom, to deliver to his successor in office, or to such person as the. council may designate, all books, records, papers, vouchers and property of every kind in his possession or control, belonging to the municipality. --4- :action 8. Council-Appointed Officials. The council shall have power 1 to employ and retain engineers, judges; prosecutors, accountants and attorneys. The council shall have the power to create and abolish all offices and fix and determine the authority, duties and compensation of all appointed officers, assistants and employees. Section 9. Px•ocedure. (a) Meetings. The council shall meet regularly at least once in every mo:xth at such times and places as the council may prescribe by rule. Special meetings may be held on the call of the mayor or of a majority of the members and, whenever practicable, upon no less than twelve (12) hours' notice to each member and the public. (b) Rules and Journal. The council shall determine its orvn rules and order of business. (c) Voting. Voting, on ordinances and resolutions, shall be recorded in the journal. A majority of the council shall constitute a quorum; but a smaller number may adjourn from time to time and may compel the attendance of absent metnbex•s in the manner and subject to the penalties prescribed by the rules of the council. No action of the council except as otherwise provided in the preceding sentence and in § 5, shall be valid or binding unless adopted by the affirmative vote of the majority of a quorum present, and no ordinance or resolution shall be adopted unless by the affirmative vote of at least three (3) council members. Section 10. Initiative and Referendum. (a) (1) Initiative. The qualified voters of the village shall have 1 pu;~er to propose ordinances to the council and, if the council fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a tillage election, provided that such power shall not extend to the budget or cal_~ital program or any ordinance relating to appropriation of money, levy of ta~;es or salaries of village officers or employees. -5- (2) Referendum. The qualified voters of the village shall have power to require reconsideration by the council of any adopted ordinance and, if the council fails to repeal an ordinance so reconsidered:, to approve or reject it zit a village election, provided that such power shall not extend to the budget oi~ capital program or any emergency ordinance or ordinance relating to appro- priation of money, levy of taxes or salaries of village officers or employees. (b) Commencement of Proceedings. Any five (5) qualified voters may commence initiative or referendum proceedings by filing with the village clerk or other official designated by the council an affidavit stating they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. Promptly after the affidavit of the petitioners' committee is filed, the ' clerk or other official designated by the council may, at the committee's request, issue the appropriate petition blanks to the petitioners' committee at the committee's e::pense. (c) Petitions. (1) Number of signatures. Initiative and referendum petitions must be signed by qualified voters of the village equal in number to at least fifteen percent (15$) of the total number of qualified voters registered to vote at the last regular village election. (2) Form and Content. All papers of a petition shall be ~,~.niform in size and style and shall be assembled as one instrument for filing. Lach signature shall be executed in ink or indelible pencil and shall be follov~ed by the address of the person signing. Petitions shall contain or have at±.a::hed thereto throughout their circulation the full text of the ordinance pro- posed or sought to be reconsidered. (3) Affidavit of Circulator. Each paper of a petition shall hs~.ve attached to it when filed an affidavit executed by the circulator thereof -6- stating that he personally circulated the paper, the number of signatures the_con, that all the signatures were affixed in his presence, that he believes ti~em to be the genuine signature of the persons whose names they purport t~ bc~ ;ind that each signer had an opportunity before signing to read the full ' text of the ordinance proposed or sought to be reconsidered. (4) Time for Filing Referendum Petitions. Referendum petitions must be filed within thirty (30) days after adoption by the council of the ordinance sought to be reconsidered. (d) Procedure for Filing. (1) Certificate of Clerk; Amendment. Withiq twenty (20) days after the initiative petition is filed and five (5) days for a referendum petition, the village clerk or other official designated by the council shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by registered mail. Grounds for insttffi- ' ciency are only those specified in subsection (c) . A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the clerk or other official designated by the council within two (2) days after receiving the copy of the certificate and files a supplementary petition upon additional papers within ten (10) days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of subsections (2) and (3) of Section 10 (c) , and within five (5) days after it is filed the clerk or other official designated by the council shall complete a certificate as to the s•,,f`iciency of the petition as amended and promptly send a copy of such certi- ii~::ate to the petitioners' committee by registered mail as in the case of an original ' petition. If a petition or amended petition is certified sufficient, or if a petition ur atnended petition is certified insufficient and the petitioners' committee does not eloct to amend or request council review under subsection (2) of this section ~~: ithin the time required, the clerk or other official designated by the council shall promptly present his certificate to the council and the certificate shall then 7- be a final determination as to tip=. sufficiency of the petition. (2) Council Review. _If a petition has been certified insufficient and the petitioners' committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the ' cor;imittee may, within two (2) days after receiving the copy of such certi- fixate, file a request that it be reviewed by the council. The council shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the council's determination shall then be a final determination as to the sufficiency of the petition. (e) Referendum Petitions; Suspension of Effect of Ordinance. When a referendum petition is filed with the village clerk or other official designated by the council, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: (1) There is a final determination of insufficiency of the petition, or; (2) The petitioners' committee withdraws the petition, or; (3) The council repeals the ordinance, or; (4) After a vote of the village on the ordinance has been certified . (f) Action on Petitions. (1) Action by Council. When an initiative or referendum petition has been finally determined sufficient, the council shall promptly consider the proposed initiative ordinance in the manner provided in Article III or reconsider the referred ordinance by voting its repeal. If the c:~~,ir:cil fails to adopt a proposed initiative ordinance without any change in substance within sixty (60) days or fails to repeal the referred ordinance ' ~c•ithin thirty (30) days, it shall submit the proposed or referred ordinance to the ~•oters of the village. (2) Submission to Voters. The vote of the village on a proposed or referred ordinance shall be held not less than thirty (30) days anti not later than sixty (60) days from the date that the petition was determined sufficient. If no regular viliage election is to be held within the period described -8- in this subsection, the council shall provide for a special election, except that the council may, in its discretion, provide for a special election at an earlier date within the described period. Copies of the proposed or referred ordinance shall be made available at the polls. (3) Withdrawal of Petitions. An initiative or referendum petition may be withdrawn at any time prior to the fifteenth (15th) day preceding the day scheduled for a vote of the village by filing with the village clerk or other official designated by the council' a request for withdrawal signed by at least four (4) members of the petitioners' committee. Upon the filing of such request the petition shall have no further force or effect and all proceedings thereon shall be terminated. (g) Results of Election. (1) Initiative. If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all ' respects in the same manner as ordinances of the same kind adopted by the council. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (2) Referendum. If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results. ARTICLE IV ADA~lIIVISTRATIVE Section 1. Village Mana er. There shall be a village manager who shall ' be the chief administrative officer of the village. The manager shall be r~ sponsible to the council for the administration of all village affairs placed in his charge by or under this charter. Section 2. Appointment; Removal; Compensation. (a) A~~ointment. The council shall appoin4 a village manager :,~~ an indefinite term by a majority vote of all the council members. -9- (b) Removal. The council may remove the manager by a majority vote of all the council members and the manager shall hold office at the pleasure of the council. (c) Compensation. The compensation of the manager shall lie fixed by the council. Section 3. Vacancy. During any vacancy in the office of village manager, the council may designate any competent person, except the mayor or any member of the council, to execute the functions of the office ofvillage manager. Section 4. Acting Village Manager. By letter filed with. the council, the manager shall designate, subject to approval of the council, a qualified village administrative officer to exercise the powers and perform the duties of manager during his temporary absence or disability. During such absence or disability, the council may revoke such designation at any time and appoint another officer of the village to serve until the manager shall ' return or his disability shall cease. Section 5. Powers and Duties of the Village Manager. The Village tl4anager shall: (a) Appoint, and when he deems it necessary for the good of the village, suspend or remove all village employees and appointive administrative officers provided for by or under this charter, except as otherwise provided by law, this charter or personnel rules adopted pursuant to this charter. lIe may authorize any administrative officer who is subject to his direction and supervision to exercise these powers with respect to s~;F.~ordinates in that officer's department, office or agency; (b) Direct and supervise the administration of all departments, ' of!'ices and agencies of the village, except as otherwise provided by this charter or by law; (c) Attend all council meetings and shall have the right to -10- take part in discussion but may not vote; (d) See that all laws, provisions of this charter and acts of the council, subject to enforcement by him or by officers subject to his direction and supervision, are faithfully executed; ' (e) Prepare and submit the annual budget, budget message, and capital program to the council in a form provided by ordinance; (f) Submit to the council and make available to the public a complete report on the finances and administrative activities of the village as of the end of each fiscal year; (g) make such other reports as the council may require concerning the operations of village departments, offices and agencies, subject to his direction and supervision; (h) Keep the council fully advised as to the financial condition and future needs of the village and make such recommendations to the council concerning the affairs of the village as he deems desirable; ' (i) Sign contracts on behalf of the village pursuant to the provisions of appropriations ordinances; (j) Perform such other duties as are specified in this charter or may be required by the council. Section 6. Country Club Administrator. The council shall have the power by ordinance to provide for the management and/or administration of any village owned or operated country club and its related activities, in whole or in part, separate from the office of the Village Manager and to specify the authority, if any, that the Village illanager shall have over employment, management, administra- r.on or other matters in any way connected with the operation of any villac;e o•.vn~d ' or operated country club. Section 7• Viiage Clerk. There shall be a Village Clerk who shall be responsible to the council fox the proper administration of all affairs of the village coming under his control and to that end his powers and duties are and shall be: -11- (a) To attend all official meetings of the council in person oi• by deputy and keep minutes of its proceedings, which, after being approved, shall Le engrossed in a well-bound book and signed by the Village Clerk. (b) To be the custodian of the Village Seal and of all records and papers of a general or permanent character pertaining to the affairs of the municipality. (c) To be the clerk of the municipal court and attend all regular sessions thereof in person or by deputy, and special sessions upon x•equest of the municipal judge, and have the custody and care of tha records of the municipal court. (d) To attest all executory contracts made in behalf of the Tillage as evidence of the authorization of such contracts by the council; and no executory contracts made in behalf of the village or'to which the ' village is a party shall be valid unless attested by the Village Clerk. (e) To preserve, file and index all contracts to which the village is a party, which file and record shall be open to the inspection of all interested persons at all reasonable times. (f) To furnish the council at any time such reports, data and information as may be necessary to fully inform it as to the affairs of the village, furnishing it regularly with such detailed reports of the village government as may be necessary. ARTICLE V QUALIFICATIONS AND ELECTIONS Section 1 . Nonpartisan Elections. All qualifications and elections for . t::,: office of village councilman shall be conducted on a nonpartisan basis :vit?:out regard for or designation of political party affiliation of any nominee on any nominatior. petition or ballot. Section 2. Qualifications. Candidates for the office of village councilman .;hall qualify for such office by the filing of a written notice of candidacy with -1'L- the designated official at such time and in such manner as may be prescribed by ordinance Section 3. Form of Ballots. The council by ordinance shall prescribe the form of ballot including the method for listing candidates for village ' council elections and any other village election. A charter amendment to be voted on by the village shall be presented for voting by ballot title. The ballot title of a measure may. differ from its legal title and shall be a cleat, concise statement describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: "Shall the above described amendment be adopted?!! Immediately below such question shall appear, in the following order, the words "for approval" and also the words "against approval" with a sufficient blank space therafter for the placing of the symbol "X" to indicate the voter's choice or with a lever opposite "for approval" or "against approval" if voting machines are used. ' Section 4. General and Runoff Election. Whenever a general or special election is held to fill any elective office in the Village of North Palm Beach, the candidate receiving a majority of the votes cast at such election to fill such office shall be declared to be duly elected; provided that in the event no candidate for a particular elective office shall receive a majority of the votes cast at such election to fill such office, then a runoff election shall be held two weeks after the original election to elect a candidate to fill such office; provided further that in such event only the names of the two candidates having received the kreatest number of votes in the election for such office shall be submitted to ci, ~ voters and the one receiving the majority number of votes in such runoff ' election shall be declared to be duly elected to such office; provided further that should two or more candidates receive an equal number of votes to any .uch office, so that it cannot be determined which two had received the greatest and the next greatest number of votes, then the names of all such candidates shall be submitted at the nmoff election and the candidate receiving the greatest nurnber of votes at such election shall be declared elected to such office, regardless -13- of vrhether such candidate received a majority of the votes cast to fill such office at such runoff election. Section 5. Unopposed Candidates. In the event not more than one (1) 1 parson qualified as a candidate for a designated seat on the village council to be filled at an election, that seat shall not be listed on the regular village election ballot. Each unopposed candidate shall be deemed to have voted for himself. Section 6. Recall. The qualified voters of the village shall have the power to recall and to remove from office any elected official of the village as provided by general law. ARTICLE VI TRANSITION SCHEDULE 1 Section 1. Continuation of Former Charter Provisions. All provisions of Chapter 31481, Lav,•a of Florida, Extraordinary Session 1956, (the former charter) as amended by special law or otherwise which are not embraced herein and which are not inconsistent with this charter shall become ordinances of the village subject to modification or repeal in the same manner as other ordinances of the village. Section 2. Ordinances Preserved. All ordinances in effect upon the adoption of this charter, to the extent not inconsistent with it, shall remain in force until repealed or changed as provided herein. Section 3. Rights of Officers and Employees. Nothing in this charter except as otherwise specifically provided shall affect or impair the rights or privileges of persona who are village officers or employees at the time of adoption. Elected officers shall continue to hold their offices and discharge the duties thereof until their successors are elected. Section 4. Pending Matters. All rights, claims, actions, orders, contracts and legal or administrative proceedings involving the village shall continue except as modified pursuant to the provisions of this charter. -14- Section 5. Aliscellaneous Provisions. In case any one or more of the ~:ections or provisions of this Charter or the application of such sections or provisions to any situation shall for any reason be held to. be unconstitutional, sur.,h unconstitutionality shall not affect any other sections or provisions of ' this Charter or the application of such sections or provisions as to any other situation and it is intended that this Charter shall be construed and applied a~ if such unconstitutional section or provision had not been included 1-ierein. Section 6. Deletion of Obsolete Schedule Items. The council shall have power, by resolution, to delete from this article VI any section, including this one, when all events to which the section to be deleted is or could become applicable have occurred. Section 2. The amendments to the Charter of the Village of North Palm Beach as created by this Amendment to the Charter shall be submitted to a vote of the regi~tere~?. vot~rq o£.tl~.Village n£ Noxtla~Palm.Hesrlt.an. Z;u,ear3,ay., ,,, tYie 16th day of March, 1976 at the General Election to be held on that date between the hours o£ 7: 00 A.M. and 7:00 P.M. Voting shall be done at the six precincts lying within the limits of the Village of I~Torth Palm Beach, being Precincts 48 and 53 at Faith Lutheran Church, Precinct 49 at the Council Cham}~era, Village Hall, and Precincts 34, 50 and 5?, at the Elk's Lodge No. 2089. Except where inconsistent with this section, the conduct of the election shall be in accordance with the provisions of Resolution No. 9 -7ti of the Village of North Palm Beach adopted on February 12, 1576. ?'he proposition to be stated on the ballot shall be as follows: Proposition: Shall the Charter of the Village of North Palm ' Beach, Florida be amended as set forth in Ordinance Ago: 1 -76 of the Village of North Palm Beach? If a majority of the registered voters voting at said election shall vote to accept -15- these amendments to this Charter, the amendment shall take effect sixty (60) days from the date of canvassing and declaring the result of said election. if a majority of the registered voters voting at said election shall vote not to accept these amendments, then the Charter of the Village of North Palm Beach, ' Florida shall remain as it existed prior to the canvassing and declaring the results of this election. Section 3. This Orditiance shall take effect immediately upon passage. PLACED ON FIRST READING THIS 12 DAY OF FEBRUARY 1978. PLACED ON SECOND, FINAL READING AND PASSED TIIIS 19 • 'DAY OF 1EBRUARY 1876. (Village Seal) ~'~1~~ " l.~", AYOR II1; ATTEST: • ' ~-t=J /-C.~ tee., ~~ ~%/ r~G ~-~ Village Clerk 1 -16-