Loading...
HomeMy Public PortalAbout1992-17 Amending section 4 01 C of charter to provide that in circumstances where 4 or more members of the board are ineligibleORDINANCE NO. 9z-17 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING SECTION 4.01(C) OF THE CHARTER OF THE VILLAGE OF KEY BISCAYNE TO PROVIDE THAT IN CIRCUMSTANCES WHERE FOUR OR MORE MEMBERS OF THE BOARD OF TRUSTEES ARE INELIGIBLE TO VOTE ON A PARTICULAR MATTER DUE TO A CONFLICT OF INTEREST, THAT SUCH MATTER MAY BE VOTED ON AND APPROVED BY A UNANIMOUS VOTE OF THE REMAINING MEMBERS OF THE BOARD OF TRUSTEES; PROVIDING REQUISITE BALLOT LANGUAGE; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CHARTER AND AN EFFECTIVE DATE. WHEREAS, Section 6.02(a)(i) of the Charter of the Village of Key Biscayne provides that the Board of Trustees, may, by ordinance, propose amendments to the Charter subject to approval by the electorate at the next general election or at a special election called for such purpose; and WHEREAS, Section 4.01(c) of the Charter of the Village of Key Biscayne provides that no action of the Board of Trustees shall be valid and binding unless adopted by the affirmative vote of at least four Trustees; and WHEREAS, situations may arise from time to time where due to conflicts of interest, four or more members of the Board of Trustees are not eligible to vote on a particular matter and that this situation was not contemplated or addressed by the Village Charter; and WHEREAS, it is in the public interest that despite the lack of four affirmative votes, the public business of the Village proceed; and WHEREAS, this Board has determined that a procedure allowing the remaining members of the Board of Trustees to vote and approve such a matter is in the public interest; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS': Section 1. That Section 4.01(c) of the Charter of the Village of Key Biscayne, Florida is hereby amended as follows: (c) Quorum and Voting. Any four (4) members of the Board of Trustees shall constitute a quorum but a smaller number may adjourn from time to time and may compel the attendance of absent members in a manner and subject to the penalties prescribed by the rules of the Board of Trustees. Voting on ordinances and resolutions shall be by roll call on final action and shall be recorded in the journal. Except as otherwise specially provided in this charter, no action of the Board of Trustees shall be valid or binding unless adopted by the affirmative votes of at least four (4) Trustees. I t : the e'vent .t a four (4) or more members of : e ` toar d.::: of Trustees are inelig ble . to: vvt :. ..ors a particular matter due . to . required abs tent i ©n pursuant to Florida law, then the remaining members of the Board of ::: Trustees ..:may vote and approve such matter by unanimous vote. 1 Shaded text has been added; struck through text has been deleted from existing language. 2 Section 2 Title: . Form of Ballot. Waiver of Four Vote Requirement In Conflict of Interest Situations The Charter of the Village of Key Biscayne currently requires the affirmative vote of four Trustees for approval of any measure. Shall the Charter be amended to permit a unanimous vote of the remaining Trustees when four or more Trustees are ineligible to vote due to a conflict of interest pursuant to Florida law? Yes No Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance, but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion In the Charter. It is the intention of the Board of Trustees, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Charter of the Village of Key Biscayne; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Charter Amendment shall take effect upon approval of the electorate. 3 PASSED AND ADOPTED on first reading this / day of Y , 1992. PASSED AND ADOPTED on second reading this 7/ day of ' -416 1992. RAFAEL H. CONTE, MAYOR 0-tr'(A'ct V VITJF.AGE CLERK 6Sr".4 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD JAYVW'IISS , VILLAGE ATTORNEY \keybisca\ord\voting.amd 103.001 4