O01-25ORDINANCE NO. O1 - 25
_~N ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA
CHANGING THE DATE OF MUNICIPAL ELECTIONS
FROM THE SECOND TUESDAY IN MARCH TO THE
FIRST TUESDAY IN NOVEMBER; PROVIDING FOR
A TRANSITION PERIOD FOR ELECTED OFFICIALS
WHO ARE SERVING A TERM OF OFFICE AT TIME
OF ADOPTION OF THIS ORDINANCE; PROVIDING
FOR AMENDED QUALIFYING PERIODS; AMENDING
CONFLICTING PROVISION OF THE CITY CHARTER
(SECTIONS 15, 51, 13:8, 141), PROVDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE.
W}tEREAS, the City Commission has considered the public benefits of
municipal elections that coincide with county, state and federal elections; and
WItEREAS, the City Commission has determined that moving municipal
elections from the second Tuesday in March, as currently provided for in the Code and
Charter, to the first Tuesday in November to coincide with county, state and federal
elections would result in a greater voter participation in municipal elections and would
reduce costs associated with elections when only municipal candidates are on the ballot;
and
WHEREAS, Florida Statute 100.3605(2) authorizes the governing body of
municipalities to change, by Ordinance, the dates for qualifying and for the election of
members of the municipal governing body and to provide for an orderly transition of
office resulting from such change;
WHEREAS, The City Commission has considered and is guided by the Florida
Attorney General's opinion (AGO 2000-61, issued October 6, 2000) that a municipality
may by ordinance amend its city charter to move the dates of city elections to coincide
with federal, state, and county elections, and to extend the terms of the sitting
commissioners to coincide with the extension.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing Whereas clauses are true and correct and
incorporated herein by this reference.
Section 2. Effective immediately upon adoption of this Ordinance municipal
elections shall be held on the first Tuesday in November in years when elections are
required to maintain staggered terms as provided for in the City Charter. The next
municipal election following the adoption of this Ordinance will be the first Tuesday in
November, 2002.
Section 3.
To provide for the orderly transition of office and to avoid shorting
the term of office for which current elected officials were elected, each elected official
who holds office on the date of enactment of this Ordinance shall continue to serve in
office until their seat is filled in the November election which follows the expiration of
their current elected term.
Section 4. All references to "March" in the City Code or Charter, when used
in the context of elections shall be construed to mean "November", following the
enactment of this ordinance.
Section 5. All references to "January" in the City Code or Charter, when used
in the context of elections or qualifying for elections shall be construed to mean
"September", following the enactment of this ordinance.
Section 6. All references to "February" in the City Code or Charter, when
used in the context of elections or qualifying for elections shall be construed to mean
"October", following the enactment of this ordinance.
Section 7. Sections 15, 51,138 and 141 of the City Charter are amended by
adding the words and figures in underlined type and by deleting the words and figures in
struck through type, as follows:
Sec. 15. When Commission Members and Mayor to assume
office.
The Commission Members and Mayor who are elected in
elections held in November of any year, shall assume office on the first
regular or special city commission meeting following their election. Once
all newly elected officials have taken office the Commission shall organize
in accordance with the provisions of section 53 of this Charter and shall
then proceed to select the officers and employees, designated in section 49
of this Charter.
Sec. 51. Filling vacancy on City Commission.
In the event of a vacancy occurring in the members of the
City Commission, except at the close of a regular term, ... In no event
shall an appointment or election alter the term of the district seat.
Municipal election shall mean the election held on the first Tuesday in
November of the calendar year ....
publication of proclamation;
candidates with City Clerk;
Sec. 138. Call by Mayor,
qualification of candidates, filing by
notification of Supervisor of Elections.
All general and special elections, unless otherwise provided
in this Act, ... Candidates for City Council shall file such papers and pay
such fees as may be required by law with the City Clerk no earlier than
noon on the last Tuesday in September, nor later than noon on the second
Tuesday in October of the calendar year in which the election is to be
held...
Sec. 141. Regular municipal election, date; qualification of
electors for Councilmen; method of holding elections, special elections.
Regular municipal elections shall be held on the first
Tuesday in November in an election, year. In the event a run-off election is
required as specified in section 139 hereof, said election shall be held on
the fourth Tuesday of November. The City Council shall prescribe, by
ordinance, the method and manner of holding all elections in said City,
and shall provide when and how special elections shall be called and held,
which are not provided by the terms of this Charter, and all elections shall
be conducted substantially on the principle adopted for state election
insofar as there are no conflicts with the terms of this Charter.
,Section 8.. In the event of a conflict between the provisions of this ordinance
and any other provision of the City Code, City Charter, ordinance or resolution, this
ordinance shall control.
Section 9. Authority is hereby given to codify this Ordinance with specific
authority granted to add notations to conflicting provisions of the City Code or Charter.
Section 10. This Ordinance shall become effective immediately upon passage
FIRST READING this _[¢1 day of June 2001. ?~'~
SECOND, FINAL READING AND PASSAGE this __~ day,,~" ~ ---,~ 2001.
~:ca\ortt~Date of Mun Elections
_~issioner
Commissioner