R12-132 1
1 RESOLUTION NO. 12 -132
2
3 AN RESOLUTION OF THE CITY COMMISSION OF THE
4 OF BOYNTON BEACH, FLORIDA DELEGATING
5 AUTHORITY TO A CANVASSING BOARD CONSISTING
6 OF THE CITY CLERK OF THE CITY OF BOYNTON
7 BEACH AND THE PALM BEACH COUNTY SUPERVISOR
8 OF ELECTIONS TO CANVASS RETURNS FOR THE
9 MARCH 2013 MUNICIPAL ELECTION; PROVIDING FOR
10 CONFLICT, SEVERABILITY, AND AN EFFECTIVE DATE.
11
12 WHEREAS, City Commission has determined that inclusion of the Supervisor of
13 Elections as a member of the City election canvassing board will enhance the integrity of the
14 election process, provide expertise not otherwise available to the City, and therefore serves
15 the interest of the electors and public at large; and
16 WHEREAS, the Palm Beach County Supervisor of Elections has requested that the
17 Supervisor of Elections be specifically designated and authorized to canvass City of Boynton
18 Beach election returns for the March 2013 municipal election, and
19 WHEREAS, the City Commission has determined that the responsibility to "canvass
20 the returns" as that phrase is used in section 2 -43 of the City Code and section 144 of the City
21 Charter of elections is a ministerial and non - legislative function that can be delegated; and
22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
24 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed
25 as being true and correct, and are hereby incorporated herein and made a part hereof.
26 Section 2. The City Commission hereby delegates the responsibilities to canvass
27 the returns of the 2013 City municipal election to a canvassing board comprised of the Palm
28 Beach County Supervisor of Elections and the City Clerk of the City of Boynton Beach. The
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1 canvassing board's authority extends to cover all returns for all elected positions on the City
2� Commission and City Charter amendment referendum questions. The canvassing board's
3 authority extends to runoff elections, if necessary.
4' Section 3. If any clause, section, or other part or application of this Resolution shall
be held by any court of competent jurisdiction to be unconstitutional or invalid, such
61 unconstitutional or invalid part or application shall be considered as eliminated and so not
7 affecting the validity of the remaining portions or applications remaining in full force and effect.
8; Section 4. The City shall indemnify and hold harmless the members of the
9 canvassing board in the event either or both are the subject of litigation arising from their duties
to ; as canvassing board members.
11 Section 5. This Resolution shall become effective on passage.
12
13 i ' ADOPTED the 18 day of December, 2012.
14
15 i CITY OF BOYNTON BEAC , FLORIDA
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171 I
18 !� Mayor — Woodrow L.
19
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21 • e ayor — Ma - cCray
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25
27 I Commissioner — Steven Holzman
28�, 6112-/i/1.2.0
30 , Commioner -
31 ATTEST:
321
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34 't ! s i �t ' -''c' MC
35 ; t (Corporate Seal)
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