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CITY OF WIN*ER SPRINGS, FLORIDA 1959 *
TELEPHONE 57/EcouRri WINTER SPRINGS, FLORIDA
13051 327-1000 ZIP CODE 32707
January 20, 1978
Mr. Wallace Stalnaker Jr.
Seminole County Bar Association
Law Offices of Jones % Bishop
Maitland Avenue
Altamonte Springs, Florida 32701
Dear Mr. Stalnaker:
The City Council of Winter Springs, Florida has requested that my
office submit a series of questions to the Seminole County Bar Associa-
tion in hopes that you might be able to render an opinion as to the
meaning of certain sections of the Charter of Winter Springs, Florida.
Enclosed we have provided sections of the charter that are in
question for your review. 1 have also taken the liberty to enclose
questions submitted by Councilman John Daniels.
My position in the solicitation of an opinion from the Bar
Association deals strictly with Section 4.10 and 7.02. My question is
whether or not, as Mayor, it is necessary for me to reappoint the
City Clerk and the City Attorney since I performed that function two
years ago upon being elected Mayor.
In reference to the question submitted by Mr. Daniels on Sec. 4.05,
I have requested an opinion from the Hon. Robert Shevin, Attorney
General and would hope that will be forthcoming shortly. I have no
objections to the Bar Association answering Councilman Daniels questions
pertaining to Sec. 4.05.
I understand that the Bar Association may not wish to make coumaent
or give legal opinions in this situation. However, I am submitting the
data in hopes that the Association may see its way clear to provide an
opinion. The City Council of Winter Springs would greatly appreciate
any assistance that the Seminole County Bar Association might be able to
render in this matter.
Respectfully,
IF
r oy� Piland,
May.
mtn
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Questions submitted by Councilman Daniels:
Reference Section 4.05 and 4.06, City Charter -
Assuming the Mayor makes appointments of members of the Council to
supervise approvee theses appointments, do the appointmentsuhold anyway?
Or not
rt do or epp
Or doee s the Council have the authority under section
provide ide the refuse
appointments and designate themselves, by majority
supervision and direction to the same named phases of Government.
i Reference Section 7.02, City Charter Mayor of a City-
This section provides for the app ointment by the
Attorney. When an incumbent Mayor is re-elected and sioy-i[otoefill the
swo -in to Mayoralty, should he again appoint or re-app the tenure of the
Cots he have the
the Council being provided an opportunity to confirm to nt do so and
City Attorney
(or deny) the continuation?
LAW OFFICES
ALPER AND WACK
189 WHOOPING LOOP
TERN BUILDING - CRANE'S ROOST
ALTAMONTE SPRINGS. FLORIDA 32701
HARVEY M. ALPER TEL. 831-4330
WILLIAM H. WACK „Tanury 20, 197E ASEA CODE 306
The Honorable Troy Piland
Mayor of Winter Springs
Winter Springs, Florida 32707
Dear Mayor Piland:
The undersigned is Secretary of the Seminole County Bar Association, Inc.
In that capacity, I am writing to you so that you and the City Council in Winter
Springs may be advised of an action of the Bar Association which effects your
City.
At a meeting of the general membership of the Seminole County Bar Association
held Thursday, January 19, in Altamonte Springs, it was resolved as follows:
RESOLUTION
RESOLVED, that the City of Winter Springs, Florida shall retain its
own attorney to interpret the Charter of the City of Winter Springs
and the Seminole County Bar Association shall decline making such
an interpretation for the City; further, that the Seminole County Bar
Association takes this position inasmuch as it is not a proper body
corporate to make such an interpretation.
Please further be advised that the foregoing resolution appears to have
been adopted by unanimous voice vote. All of the members of the Law Firm of
Brock, Massey, Walden and Eaton who were in attendance at the meeting abstained
from voting on this matter.
V o
a yM .• It
Secrete
Seminole aunty Bar Association, Inc.
HM\/sso
cc: W. Stalnaker, President
Seminole County Bar Association, Inc.
G. S9
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City of Ha C C
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CITY OF WINTER SPRINGS, FLORIDA
1959
TELEPHONE 4otc coue� CODE
ZIP CODE
' WINTER SPRINGS,3D 07
FLORIDA
13051 327-1000
January 23, 1978
Mr. Bruce C. Starling
General Counsel
Office of the Governor
Tallahassee, Florida 32304
Dear Mr. Starling:
This is to acknowledge your reply of January 19., 1978. I appre-
ciate your timely answer to my request to the Governor in refer-
ence to matters within the City of Winter Springs.
Since my appeal to the Governor, the City Council has voted to
comply with the City Charter, and the need for the Governor' s
intervention has been alleviated. However, my request to the
Honorable Robert L. Shevin, in reference to an interpretation
of certain sections of our City Charter, is still needed ip this
municipal government in order to clear up certain questicI,H in
reference to authority.
I encourage you, as General Counsel for the Governor, to speak
to the Attorney General's Office on our behalf and encourage
them to expedite a decision in this matter.
If my office can be of any further help, please feel fre' Io
call.
Sincerely, //
OP
roy iland
Mayo '
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