HomeMy WebLinkAbout09-13-2000 Charter Review Committee.99-13•-99 99:49 BROWN WARD SALZMAN WEI88 PA ID-407 425 9596 P02/03
.BROWN,'WARD, SALZMAIV' & WEISS, P.A.
ATTORNEYS AT LAW
Usher L. Brown'
John H. Ward'
Gary S. Salzman°
Jeffrey S. Weiss
Suzanne D'Agresm
Anthony A. Garganese°
Scott D. Danahy
James G. Vieku><yous
Allison Carmine McDonald
Alfred Truesdell
Arthur R. "Randy" Brown, Jr.
Board Certified Civil Trial Lawyer
° Board Certified Rusincu Litigation Lawyer
Ban! Certified City, County & Local Government Law
September 13, 2000
UA Facsimele and U.S. Mail
Ron McLeroiore
City Manager
City of Winter Springs
1126 E. State Road 434
Winter Springs, FL 32708-2799
Re: Charter Review Committee
Dear Ron:
111 North Orange Avc., Suite 875
Post Office Box 2873
Orlando, FL 32802-2873
(407)425-9566
(407) 425-9596,FAX
Bmail: firm@orlandolaw.net
Website: www.orlandolaw.net
RECEIVED
S r p 1 3 2000
CITY OF WINTER SPRINGS
OFFICE OF THE CITY CLERK
T am writing to follow-up on the City Commission's inquiry Monday evening, September 11,
2000, regarding whether appointees to the City's Charter Review Committee ("Committee" j can also
serve on another City Board.
I have reviewed the City's Charter and Code book and cannot find any provision that would
prohibit a committee member from serving on another City Board. It is my view, therefore, a
committee member can also serve on another City Board, unless the City can find an uncodified
ordinance or resolution of the City Commission enacting such a prohibition. No such ordinance or
resolution has been brought to my attention. Even if such a resolution or ordinance exists, and is in
effect, the City Commission has the authority to repeal or amend it to allow a committee member
to serve on another City Board
Furthermore, it is my opinion that Florida law would also not prohibit a committee member
from serving on another City Board. Pursuant to City Commission Resolution 2000-27, the
Committee is appointed by the Commission to serve in purely an advisory capacity to study and
recommend changes to the City Charter to the City Commission. Thorefore, the Committee
'a9-13•-00 09:49 BROWN WARD SALZMAN WEISS PA ID=407 425 9596 P03/93
Ron McLemore
September 1.3, 2000
Page 2
members are exempted from the scope of the dual office holding prohibition in Article 11, Section
5(a), Florida Constitution. See, Opinions of the Florida Attorney General, 96-59 (Clerk of the
Circuit Court may serve on a County Charter Commission); 72-179 (Florida legislator may serve on
City Charter Commission); 99-16 (local Planning Council constitutes an advisory body within
exception for dual office holding).
I trust this letter clarifies several appointments made Monday evening by the City
Commission. Please provide a copy of this letter to the Mayor and City Commission.
Attorney
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