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HomeMy WebLinkAbout08-10-2016 Term Limits - Board of TrusteesAntonia Delia Donna From: Jennifer Nix Unix@oriandolaw.netj Sent: Wednesday, August 10, 2016 4:45 PM To: Antonia Della Donna Cc: —City Clerk Department Subject: RE: Term Limits - Board of Trustees Hi Antonia. Thanks, and I hope that all is well with you too As you noted, Section 2-41 provides "...All board and committee members shall be limited to three (3) consecutive full terms of office on any one board or committee." When the board member was appointed to complete the unexpired term —that was not a full term. Section 14-52 provided for two-year terms for certain seat appointments in order to stagger the terms of the board. There is nothing to indicate that just because the two year term was not "four years", that it would not be a full term. That particular two-year term is the established term, for the purpose of staggering the board terms. That said, I would consider the two-year term to be a full term. So, I would agree with your assessment (qualified as follows): • First full term was January 2012 — January 2014 • Second term (a full term if this board member stays on the board through the end [Jan. 20181 of this term) is January 2014—January 2018. • Then, if the board member has served the full second term (January 2014 —January 2018), and if appointed to the January 2018 —January 2022 term, and if the board member serves the full term, that will be his/her third consecutive full term. So, assuming he/she serves the full January 2014 —January 2018 (second) term, yes, he/she will be eligible for a third consecutive (full) term for January 2018 —January 2022. Then (assuming they serve the entire third term), they will not be eligible for reappointment for the following term to begin January 2022. If you have any additional questions just let me know. Thanks, Jen GARCANEW WEISS & IYAGRESTA AHarnr s of LOW Garganese, Weiss & D'Agresta, P.A. Jennifer B. Nix, Senior Attorney 111 N. Orange Ave., Suite 2000 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 Kissimmee (321) 402-0144 Cocoa (866) 425-9566 Website: www.orlandolaw.net Email: inixCa�orlandolaw net Any incoming e-mail reply to this communication will be electronically filtered for "Spam" and/or "viruses." That filtering process may result in such reply being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we may not receive your reply and/or we may not receive it in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time -sensitive by means other than e-mail. Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. From: Antonia Della Donna[mailto:adelladonna@winterspringsfl.org] Sent: Wednesday, August 10, 2016 10:53 AM To: Jennifer Nix CC: _City Clerk Department Subject: Term Limits - Board of Trustees Hi Jen, Hope you've been well! A member of the Board of Trustees is inquiring when their term of service will expire; that is also to include any possible terms due to reappointment. On October 20, 2011, this member was appointed to Seat 1 to fill a vacant seat (previous member had resigned) to a partial term expiring on January 1, 2012. Our records indicate that on November 14, 2011, this member was reappointed to a serve a full term once the partial term expired January 1, 2012. The full term that the member was appointed to was a 2 year term expiring on January 1, 2014, pursuant to Sec. 14-52. of the City Code: Sec. 14-52. - Board of trustees. (d) Staggering of terms. Beginning in January, 2012, seats two (2) and four (4) shall be appointed to four (4) year terms expiring in January 2016, and seats one (1), three (3) and five (5) shall be appointed to two (2) year terms expiring in January, 2014. Thereafter all appointments shall remain staggered and shall be made for a term of four years. Nearing the expiration of the 2 year term in January, 2014, on September 23, 2013, this member was reappointed to another full term set to expire on January 1, 2018. We would greatly appreciate some clarification on whether or not the 2 year term served from 2012 to 2014 would be considered a full term as Sec. 2-41 dictates 3 consecutive full terms: Sec. 2-41. - Appointments of boards and committees. (f) Term. Unless otherwise provided by state or federal law, all board and committee members shall be appointed to serve four-year terms and may be reappointed for subsequent four-year terms. All board and committee members shall be limited to three (3) consecutive full terms of office on any one board or committee. It is my understanding the partial term served from October 2011 to January 2012 is not considered "full" and is not currently being referred to as such. Since there is no mention of years, only that it be "full", is it correct to count the 2 year term as a full term? In order to answer the board member's question, the current term (2014- 2018) is only his second term and therefore eligible for reappointment to a third and final term of four years, correct? Sorry if this is all confusing — please let me know if you have any questions or would like to call me and discuss this further; I'm also happy to provide further information. Thank you so much in advance! Antonia Della Donna Assistant to the City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 Phone: (407) 327-5999 Confidentiality Note: This e-mail, and any attachment to it, contains information intended only for the use of the individual(s) or entity named on the a -mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you.