HomeMy WebLinkAbout01-08-2001 Districting Commission AppointeesBROWN, WARD, SALZMAN & WEISS, P.A.
ATTORNEYS AT LAW
Usher L. Brown'
John H. Ward •
Gary S. Salzman°
Jeffrey S. Weiss
Suzanne D'Agresta
Anthony A. Garganese°
Scott D. Danahy
James G. Vickaryous
Allison Carmine McDonald
Alfred Truesdell
Arthur R. "Randy" Brown, Jr.
Brett A. Marlowe
Board Certified Civil Trial Lawyer
° Board Certified Business Litigation Lawyer
° Board Certified City, County & Local Government Law
MEMORANDUM
111 North Orange Ave., Suite 875
Post Office Box 2873
Orlando, FL 32802-2873
(407)425-9566
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Email: firm@orlandolaw.net
Website: www.orlandolaw.net
agarganese@oriandolaw.net
To: The Honorable Paul P. Partyka, Mayor of the City of Winter Springs
and Members of the City Commission
From: Anthony A. Garganese, City Attorne
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Re: Districting Commission Appointees
Date: January 8, 2001
This memorandum is in response to an issue discussed at the last City Commission meeting.
The issue is whether a person currently serving on a City of Winter Springs appointed board can also
simultaneously serve on the Districting Commission, which the Mayor and City Commission are due
to appoint by February 1, 2001.
Section 4.02 of the City Charter provides that a Districting Commission shall be appointed
to recommend to the City Commission a plan for the establishment or adjustment of the Commission
district boundaries. Thus, the Districting Commission is an advisory board and the dual office
holding provision of the Florida Constitution does not apply. The City Charter also provides that
the Districting Commission shall consist of seven (7) City electors "not employed by the City in any
other capacity." Id. (emphasis added)
The City Charter does not give specific guidance on the meaning of the term "employed"
which is used in Section 4.02 of the City Charter. Generally, however, a person is "employed" if that
person is in an employer/employee relationship. See Fla. Jur 2d, Agency and Employment § 159
(1998). Further, "employed" is legally defined to mean "performing work under an employer -
employee relationship." Blacks Law Dictionary, Sixth Edition. However, in some cases, the term
The Honorable Paul P. Partyka, Mayor of the City of Winter Springs
and Members of the City Commission
January 8, 2001
Page 2
"employed" when specifically used in the context of being employed as an "agent or employee" the
word should be construed in a broader sense as referring to one who is hired or engaged or used as
an agent. Economic Research Analysts, Inc. v. Brennan, 232 So. 2d 219 (Fla. 4`h DCA 1970).
Section 4.02 of the City Charter does not specifically state that it applies to an agent or
employee of the City of Winter Springs, therefore, the decision in Economic Research Analysts is
not applicable. Thus, in the context of Section 4.02 of the City Charter, the term "employed" should
be construed using its general definition which refers to an employer/employee relationship.
According to City Staff, board members are not employees of the City solely because they
serve on a city board. Therefore, board members may simultaneously serve on the Districting
Commission provided they are not an actual employee of the City of Winter Springs.
Anthony A. Garganese
City Attorney
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