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Home My WebLink About2015-06-18 Charter Review Board Agenda Meeting Packet AGENDA CITY OF DANIA BEACH CHARTER REVIEW BOARD THURSDAY, JUNE 18, 2015 – 6:00 P.M. 1. Call to Order/Roll Call 2. Approval of Minutes from June 4, 2015 Meeting 3. Discussion Items 3.1 Part II – Legislative Branch and Legislation, Article 1. – City Commission 3.2 Part VI – Registrations and Elections, Article 1. – Elections 4. Public Comments 5. Adjournment MINUTES DANIA BEACH CHARTER REVIEW BOARD THURSDAY, JUNE 4, 2015 – 6:00 P.M. 1. Call to Order/Roll Call Chair Joe Van Eron called the meeting to order at 6:02 p.m. David Clark Betty Sokol (Alternate) Terry Hale-Hicks Luis Rimoli Gail Davison (Alternate) Charlotte Sloboda Chris Barile (Alternate) Rae Sandler Joe Van Eron, Chair Bruce Hannover (Alternate) Tom Ansbro, City Attorney Louise Stilson, City Clerk Absent: Anne Castro, Vice-Chair (excused) Carolyn Jones (excused) Bill Harris (Alternate) (excused) Derrick Hankerson Chair Joe Van Eron advised that Lisa Duke resigned from the Charter Review Board today. Board member Betty Sokol motioned to excuse the absences of Anne Castro, Carolyn Jones and Bill Harris; seconded by Board member Charlotte Sloboda. The motion passed unanimously. Chair Joe Van Eron noted the Betty Sokol, Gail Davison, Chris Barile, and Bruce Hannover would be voting members tonight. Mimi Donly addressed the board to discuss an article in the Palm Beach Post regarding the Resign to Run Law. She suggested if we had a separate seat for mayor, and 3 commissioners decided to run for the mayor seat, we would have only one seated commissioner who would be responsible for filling the vacancies. Chair Van Eron noted we would discuss this later. 2. Approval of Minutes from May 21, 2015 Meeting Board member Chris Barile motioned to approve the minutes; seconded by Board member Betty Sokol. The motion passed unanimously. 3. Discussion Items 3.1 Part II – Legislative Branch and Legislation, Article 1. – City Commission 3.2 Part VI – Registrations and Elections, Article 1. - Elections Chair Joe Van Eron recapped the last meeting:  We would not pursue seats  Confirmed an elected 4 year mayor  2 year vice-mayor term, with the highest vote-getter filling that position  8 year term limits, with 2 years out before running again City Attorney Ansbro advised that he looked into the 3 year residency and 21 year age for running for office. He noted the 3 year residency would not be defensible, and recommended that we not do it. He also commented that it is wrong to keep the age at 21 years, and recommended it be 18 years. Board member Charlotte Sloboda motioned to change the age from 21 years to 18 years; seconded by Board member Gail Davison. Board member Luis Rimoli questioned why we should change the age to 18 years. City Attorney Ansbro noted the voting age is 18 years. The board discussed the pros and cons of changing the age from 21 years to 18 years. The motion was withdrawn. City Attorney Ansbro read case law regarding residency requirements, and noted that a 1 year residency requirement is defensible. Board member Charlotte Sloboda motioned to rescind the 3 year residency requirement, and keep the residency requirement at 1 year; seconded by Board member Chris Barile. The motion passed on the following 9-1 vote: David Clark Yes Betty Sokol Yes Charlotte Sloboda Yes Luis Rimoli Yes Terry Hale-Hicks Yes Gail Davison Yes Bruce Hannover Yes Chris Barile Yes Rae Sandler No Joe Van Eron Yes Chair Joe Van Eron recapped what the board discussed on how to fill a mayor vacancy at the last meeting. Board member Rae Sandler does not want the vice-mayor to fill the vacancy for mayor; it should be a special election. Board members Chris Barile and Luis Rimoli concurred. Board member Charlotte Sloboda noted that if there was one year or less in the term of the mayor, the vice-mayor should step in. Discussion ensued on how the mayor vacancy should be filled. It was discussed that we look at other cities with similar scope, and model after their direction; or go to a special election to fill the mayor vacancy. City Attorney Ansbro explained the resign to run law.  The resignation must be given at least 10 days prior to the first day of qualifying  The resignation is irrevocable  The candidate can resign immediately; pick another date; or let it happen automatically on the date of the election (cannot stay in office beyond election day) Pat Wright was confused on how the vacancy would be filled if someone resigned to run. The board and City Attorney explained the process to her. Mimi Donly said that in 1974 when her husband was elected, the highest vote-getter became vice-mayor for 2 years; then became mayor for two years with the next election. She said this process was in place for approximately 10 years; she was unaware of why the process changed. Board member Luis Rimoli requested that someone research to see if other cities have the scenario that we are proposing, so that we can review how it works. Chair Joe Van Eron said we are getting off subject and should be discussing how to fill a commission vacancy, not a mayor vacancy. Board member Bruce Hannover pursued a conversation with Mimi Donly regarding the 1974 practice of the highest vote-getter becoming vice-mayor, not mayor. Chair Joe Van Eron noted this is talking about filling a mayor vacancy, not a commission vacancy. City Attorney Ansbro recommended allowing the existing commission to try to appoint someone to fill the commission vacancy; if they cannot agree, then it goes to special election. If it is less than 2 years they should appoint; if it is more than 2 years there should be an election. These are the parameters that he recommended to the board. It was noted that the special election to fill a vacancy was taken out of the Charter at the recommendation of the last Charter Review Board. Board member David Clark said that he as a resident of Dania Beach should decide who fills a vacancy on the City Commission; therefore, filling the vacancy should be by special election. The Board discussed several different scenarios and what could be done to make the Commissioners fill the vacancy. City Attorney Ansbro noted even a judge cannot make the Commission appoint someone to fill the vacancy; his advice is the hammer is the special election. Board member Bruce Hannover motioned that if there is a commission vacancy within one year from the date of the last election, the vacancy will be offered to the next candidate who received the highest number of votes at the last election, if that person declines or is unable to serve, the City Commission shall appoint someone to fill the remainder of the term within 30 days; if the Commission does not appoint within 30 days, a special election will be held within 60 days; seconded by Board member Luis Rimoli. The motion passed on the following 10-0 vote: David Clark Yes Betty Sokol Yes Charlotte Sloboda Yes Luis Rimoli Yes Terry Hale-Hicks Yes Gail Davison Yes Bruce Hannover Yes Chris Barile Yes Rae Sandler Yes Joe Van Eron Yes Board member Luis Rimoli motioned that if there is a commission vacancy after one year from the date of the last election, the City Commission shall appoint someone to fill the remainder of the term within 30 days; if the Commission does not appoint within 30 days, a special election will be held within 60 days; seconded by Board member Charlotte Sloboda. The motion passed on the following 10-0 vote: David Clark Yes Betty Sokol Yes Charlotte Sloboda Yes Luis Rimoli Yes Terry Hale-Hicks Yes Gail Davison Yes Bruce Hannover Yes Chris Barile Yes Rae Sandler Yes Joe Van Eron Yes Board member Bruce Hannover motioned that if there is a commission vacancy six months or less until the next election, the City Commission shall appoint someone to fill the remainder of the term within 30 days; seconded by Board member Gail Davison. Board member Bruce Hannover amended his motion to include that if the City Commission does not appoint within 30 days, the Commission shall draw by lottery a name from the qualified pool of candidates, with each Commissioner selecting one candidate, which name will be drawn by the City Clerk; seconded by Board member Gail Davison. The motion passed on the following 10-0 vote: David Clark Yes Betty Sokol Yes Charlotte Sloboda Yes Luis Rimoli Yes Terry Hale-Hicks Yes Gail Davison Yes Bruce Hannover Yes Chris Barile Yes Rae Sandler Yes Joe Van Eron Yes Chair Joe Van Eron noted that at the next meeting we will continue with Part II, Legislative Branch and Legislation, and Part VI, Registration and Elections, then we will proceed with forfeiture of office. Board member Chris Barile advised the board that he would be absent at the June 18th meeting. Board member Gail Davison noted that she would also be absent from the June 18th meeting. 4. Public Comments 5. Adjournment The meeting adjourned at 8:04 p.m. Joe Van Eron, Chair Approved: