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R16-163 RESOLUTION NO. R16-163 2 3 - AN RESOLUTION OF THE CITY COMMISSION OF THE 4 OF BOYNTON BEACH, FLORIDA DELEGATING 5 AUTHORITY TO A CANVASSING BOARD TO CANVASS 6 RETURNS FOR THE MARCH 2017 MUNICIPAL 7 ELECTION; PROVIDING FOR CONFLICT, 8 SEVERABILITY,AND AN EFFECTIVE DATE. 9 10 WHEREAS, City Commission has determined that inclusion of the Supervisor of 11 Elections as a member of the City election canvassing board will enhance the integrity of the 12 election process, provide expertise not otherwise available to the City, and therefore serves 13 the interest of the electors and public at large; and 14 WHEREAS, the Palm Beach County Supervisor of Elections has requested that the 15 Supervisor'of Elections and two other members be specifically designated and authorized to 16 canvass City of Boynton Beach election returns for the March 2017 municipal election, and 17 WHEREAS, the City Commission has determined that the responsibility to "canvass 18 the returns" is a ministerial and non-legislative function that can be delegated by the City 19 Commission; and 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 22 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed • 23 as being true and correct, and are hereby incorporated herein and made a part hereof. 24 Section 2. The City Commission hereby delegates the responsibilities to canvass 25 the returns of the 2017 City municipal election to a canvassing board comprised of the Palm 26 Beach County Supervisor of Elections and the City Clerk of the City of Boynton Beach and 27 the City Attorney or his designee. The canvassing board's authority extends to cover all C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\VAGZE6P0\Canvassing_board_2017_muni_election_-_Reno.doc 2 I returns for all elected positions on the City Commission. The canvassing board's authority 2 extends to runoff elections, if necessary. 3 Section 3. If any clause, section, or other part or application of this Resolution shall 4 be held by any court of competent jurisdiction to be unconstitutional or invalid, such 5 unconstitutional or invalid part or application shall be considered as eliminated and so not 6 affecting the validity of the remaining portions or applications remaining in full force and effect. 7 Section 4. The City shall indemnify and hold harmless the members of the 8 canvassing board in the event either or both are the subject of litigation arising from their duties 9 as canvassing board members. 10 Section 5. This Resolution shall become effective on passage. 11 PASSED AND ADOPTED this 6dr, day of Ae e,,'6.e.4,-; 2016. 12 CITY OF BOYNTON BEACH, FLORIDA 13 14 YES NO 15 16. Mayor—Steven B. Grant 17 18 Vice Mayor—Mack McCray 19 20 Commissioner—Justin Katz / 21 22 Commissioner—Christina L. Romelus 23 - 24 Commissioner—Joe Casello 25 26 VOTE 57'0 27 ATTEST: 28 291. - • 04: 30d�� � (.� K ra ` 31 J14h A. Pyle, CMC ""'� 32 Cify Clerk ;4 33 c 34 4 Qx 35 (Corporate Seal) C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\VAGZE6PO\Canvassing_board_20I7_muni_election__Reso.doc 2