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Charter Review Board Meeting

Thursday, July 31, 2025 · Government meeting record

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Charter Review Board Meeting

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CITY OF NORTH LAUDERDALE CHARTER REVIEW COMMISSION AGENDA THURSDAY, JULY 31, 2025 – 6:00 P.M. COMMUNITY AFFAIRS CENTER – 7765 SW 10 STREET, NORTH LAUDERDALE, FL 33068 1. CALL TO ORDER; ROLL CALL 2. APPROVAL OF MINUTES 3. REVIEW OF DRAFT OF PROPOSED REVISIONS TO A PORTION OF THE CITY CHARTER AS DISCUSSED AT PREVIOUS MEETINGS OF THIS BOARD ( UP TO SECTION 3.8) 4. REVIEW OF AN ADDITIONAL PORTION OF THE CITY CHARTER 5. COMMENTS OR QUESTIONS FROM BOARD MEMBERS 6. ANY PERTINENT PRELIMINARY PUBLIC COMMENTS ( Up to 3-minute dura�on per speaker) 7. ADJOURNMENT Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made by a Commission or Board with respect to any mater considered at such mee�ng or hearing, he or she may need to ensure that a verba�m record of the proceedings is made which record includes the tes�mony and evidence upon which the appeal is based. Pursuant to the provisions of the Americans with Disabili�es Act, any person requiring special accommoda�ons to par�cipate in this mee�ng is asked to advise the City at least 2 days before the mee�ng by contac�ng the City Clerk’s office at one of the following: (1) 701 SW 71st Avenue, North Lauderdale, Florida 33068; (2)Phone 954-724-7056; (3) Fax 954-720-2151; or cityclerk@nlauderdale.org . If you are hearing or speech impaired, please contact the agency using Florida Relay Service, 1 (800) 955-8771 (TTY/VCO), 1 (800) 955-8770 (Voice), 1 (800)955- 8773 (Spanish). One or more members of the City Commission and other City boards may be in atendance at this mee�ng. Agenda Packets for upcoming Commission or Board mee�ngs will be available at the City’s website, htp://www.nlauderdale.org at least 48 hours prior to the mee�ng.

CITY OF NORTH LAUDERDALE CHARTER REVIEW BOARD DRAFT MINUTES THURSDAY, JUNE 26, 2025 – 6:00 P.M. CITY COMMISSION CHAMBERS – 701 SW 71ST AVENUE, NORTH LAUDERDALE, FL 33068 1. CALL TO ORDER – The meeting was called to order by Chair Agold at 6:04 p.m. Roll call was taken. There was a quorum present. Board member Beverley Armstrong - present Board member Alba Boada – not present Board member Carol Cheyne - present Vice Chair Kimotta Johnson - present Chair Marlo Agold - present Also present: Attorney David Wolpin, City Clerk Susan Slattery 2. APPROVAL OF MINUTES - Board member Cheyne moved to approve minutes as presented. Seconded by Vice Chair Johnson. Clerk took roll. All YES. Motion passed. 3. REVIEW OF DRAFT OF PROPOSED REVISIONS TO A PORTION OF THE CITY CHARTER AS DISCUSSED AT PREVIOUS MEETING OF THIS BOARD (UP TO SECTION 3.6(B)) Attorney Wolpin reviewed the proposed revisions discussed at the previous meeting on May 29, 2025 from Section 1.1 up to Section 3.6(b). He explained the underlined items are additions and the strike-throughs are deletions. 4. REVIEW OF A PORTION OF THE CITY CHARTER Attorney Wolpin began the overview of the Charter beginning with Section 3.6. Board member Boada previously presented her comments which are attached to these minutes as reference. Attorney Wolpin entered the comments into the record when the Section was discussed. The Board discussed at length the filling of a vacancy of a City Commissioner, Forfeiture of Office and City Commission Procedures. Vice Chair Johnson commented on the process for a Commission District D selection. Attorney Wolpin discussed the language to be used for Special Elections and to include coordination with the County Supervisor of Elections. Resident Bill Lester commented that all residents have a voice to discuss any matter with any Commissioner. Attorney Wolpin will address all of the suggestions made by the Board and include them in a final

document presented to the Mayor and City Commission once the Board completes it work. Discussion ensued on the definition of a workshop meeting, special meeting and regular meeting as well as what legal notice is required to the Commission and the public. Resident Bill Lester commented on Special meetings and the timing of these meetings. He suggested meetings be held after 5:00 p.m. so the public is able to attend. He stated that City Commissioners are part-time positions and the meetings should not be restrictive to attendance by Mayor and Commissioners. It was the consensus of the Board to continue at Section 3.8 (c) at the next meeting. 5. COMMENTS OR QUESTIONS FROM BOARD MEMBERS - There were no comments or questions from the Board. 6. ANY PERTINENT PRELIMINARY PUBLIC COMMENTS (Up to 3-minute duration per speaker) - A comment was read into the record from Resident Christine McKay regarding elections and voting districts. She believes residents should be able to vote for all four districts. 7. ADJOURNMENT – There being no further business, meeting adjourned at 7:56 p.m.

North Lauderdale, Florida, Code of Ordinances PART I NORTH LAUDERDALE CHARTER North Lauderdale, Florida, Code of Ordinances Created: 2024-03-29 12:43:12 [EST] (Supp. No. 28) Page 1 of 21 PART I NORTH LAUDERDALE CHARTER1 ARTICLE I. POWERS Sec. 1.1 General powers. The existence and establishment of the Florida municipality inhabitants of the City of North Lauderdale, Florida, is hereby confirmed and is as its limits are hereinafter established, [shall be] a body politic and corporate known and designated as the "City of North Lauderdale" which herein shall include the lands of Broward County, hereinafter described, and the City shall have the jurisdiction, powers, rights and privileges as set forth in this Charter and applicable laws. Sec. 1.2 Powers. The City shall have all the powers possible for a city to have under the Constitution and laws of this State as fully and completely as though they were specifically enumerated in this Charter, in accordance with the provisions of the "Municipal Home Rule Powers Act," codified at Chapter 166, Florida Statutes, as the same now exists 1Editor's note(s)—Printed herein is the charter of the City of North Lauderdale, as adopted at referendum on February 11, 1975. Amendments to the charter are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original charter. Obvious misspellings have been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines and citations to state statutes has been used. Additions made for clarity are indicated by brackets.

Created: 2024-03-29 12:43:11 [EST] (Supp. No. 28) Page 2 of 21 or as it may be amended from time to time, and with Article VIII, Section 2 of the Florida Constitution, entitled "Municipalities." The City shall have all governmental, corporate and proprietary powers to enable it to conduct municipal government, perform municipal functions and render municipal services and to exercise any power for municipal purposes except as otherwise provided by law. Sec. 1.3 Construction. This Charter and all powers secured for the City by it shall be given the most liberal construction as is consistent with justice such that this Charter and the said powers shall be construed most favorably to the City, limited only by the prohibitions or preemptions of the Constitution, General or Special Law or County Charter and any specific limitations as contained herein. As to Special Acts pertaining to the jurisdiction and exercise of powers by the City, and as to preemptive provisions of the Florida Constitution, General or Special Law or the County Charter, as now enacted or as hereafter enacted, amended or revised, until and unless the said preempted provisions are deemed unconstitutional, otherwise unlawful or not applicable in or to the City of North Lauderdale, said provisions shall, by operation of law, be deemed as amendments hereto and, when appropriate, shall be deemed as incorporated by reference as a part of this Charter. Any provision of this Charter that is amended or revised by operation of law as the result of preemptive or conflicting or superseding Constitutional, General or Special Law or County Charter provisions shall likewise, and by operation of law, be reinstated, reintegrated, revived and readopted as originally adopted in this Charter if at any time the preemptive or conflicting or superseding provision is, in whole or in part, amended, repealed, revived or declared unlawful, to the extent that said law is amended, repealed, revised or declared unlawful and to the extent that

Created: 2024-03-29 12:43:11 [EST] (Supp. No. 28) Page 3 of 21 the original language and intention hereof can be logically so reinstated, reintegrated, revived and readopted. (Amend. No. 77-10) Sec. 1.4 Specific Llimitations. (a) The power of the City to grant franchises shall be limited only to the extent that franchises shall not be granted for a period of greater than thirty (30) years, including all options and renewals of the grantee., and shall be done by ordinance. (b) In addition to the prohibitions and limitations otherwise provided by law in regard to municipal borrowing, finance and taxation, the City of North Lauderdale shall not hereafter, except as otherwise provided in this section, levy, assess or collect any ad valorem real estate taxes of any nature (above levels in effect at the adoption of this section) until and unless approved by the affirmative vote of of a minimum of four (4) members of the City CouncilCommission . (c) The City Council Commission shall approve all forms of bonded indebtedness by an affirmative vote of four (4) members. (d) Only general obligation bonds shall also be approved by a majority vote of the electors of the City of North Lauderdale in a referendum election on this issue. (e) Assuming City Council Commission approval to issue revenue bonds and/or any form of tax anticipation certificates, the power of the City of North Lauderdale to incur indebtedness in the form or nature of revenue bonds, or any form of tax anticipation certificates, is further limited such that said bonds or certificates shall be special obligations of the City, payable solely from and secured by a lien upon specific revenues of the City, and provided specifically that the same shall not be payable from ad valorem

Created: 2024-03-29 12:43:11 [EST] (Supp. No. 28) Page 4 of 21 taxation and that no recourse shall be had for the payment of the revenue bonds, nor shall the credit or taxing power of the City be deemed to be pledged thereto. The revenue bonds or certificates and interest thereon shall not be a debt of the municipality, nor a charge, lien or encumbrance, legal or equitable, upon the property of the municipality, or upon any income, receipts or revenues of the municipality other than such of the revenues as shall have been specifically pledged for the payment thereof, and every revenue bond or certificate shall recite in substance that said bond or certificate, including interest thereon, is payable solely from the revenue pledged for the payment thereof, and that the municipality is under no obligation to pay the same except from said revenue. (Amend. No. 77-6; Ord. No. 89-11-740, § 2, 11-9-89; Ord. No. 92-12- 840, § 2, 12-10-92) Editor's note(s)—The amendment to § 1.4(b) promulgated by Ord. No. 89-11-740, § 2 was approved at the election of March, 1990. The amendment to § 1.4(b)—(e) promulgated by Ord. No. 92-12-840, § 2 was approved at the election of March, 1993. ARTICLE II. CORPORATE LIMITS Sec. 2.1 Description of corporate limits. The following area shall constitute the corporate limits of the City of North Lauderdale: Commencing at the Southeast corner Section One (1), Township 49 South, Range 41 East; thence Westerly along a course S 89°57′49″W a distance of 5,281.80 feet to a point; thence Westerly along a course S 89°59′17″W a distance of 5,274.63 feet to a point; thence Northerly along a course N 1°15′41″W a distance of 7,216.15 feet to a point; thence Easterly along a course S 89°46′32″E a distance of

Created: 2024-03-29 12:43:11 [EST] (Supp. No. 28) Page 5 of 21 1,094.59 feet to a concrete monument set in ground; thence Easterly along a course S 89°44′25″E a distance of 1,543.24 feet to a point; thence Southerly along a course S 1°14′52″E a distance of 2,640.11 feet to a point; thence Easterly along a course S 89°45′09″E a distance of 1,319.15 feet to a point; thence Northerly along a course N 1°15′11″W a distance of 2,639.83 feet to a point; thence Easterly along a course S 89°44′25″E a distance of 1,318.92 feet to a concrete monument set in ground; thence Southerly along a course S 1°15′29″E a distance of 2,275.74 feet to a point; thence Easterly along a course S 89°56′37″E a distance of 2,639 feet to a point; thence Southerly along a course S 1°16′53″E a distance of 660.12 feet to a point; thence Easterly along a course S 89°56′34″E a distance of 2,639.27 feet to a point; thence Southerly along a course S 1°18′17″E a distance of 1,831.83 [feet]; thence Westerly along a course S 89°57′49″W a distance of 333.08 feet to a point; thence Northerly along a course N 1°18′17″W a distance of 842.26 feet to a point; thence Westerly along a course N 89°56′31″W a distance of 1,545.98 feet to a point; thence Southerly along a course S 0°02′11″E a distance of 844.47 feet to a point; thence Easterly along a course N 89°57′49″E a distance of 1,897.70 feet to a point; thence Southerly along a course S 1°18′17″E a distance of 2,415.59 feet to the point or place of beginning. All of the above-aforementioned property located in Townships 48 and 49 South, Range 41 East, Broward County, Florida. Less and except therefrom Tracts 3, 4, 5, and 6 of Fort Lauderdale Truck Farms Subdivision of Section 2, Township 49 South, Range 41 East, according to the plat thereof recorded in Plat Book 4 at page 31 of the public records of Broward County, Florida.

Created: 2024-03-29 12:43:11 [EST] (Supp. No. 28) Page 6 of 21 Sec. 2.2 [Annexed lLands Iincluded.] The corporate limits of the City of North Lauderdale shall also include, in addition to the area described above, those lands which have been annexed into the City of North Lauderdale since the date of original charter 7/15/63, and those lands which shall be annexed into the City of North Lauderdale, in accordance with the laws of the State of Florida. ARTICLE III. LEGISLATIVE FORM OF GOVERNMENT Sec. 3.1 City Commission Aand cCity mManager. The municipal government herein provided shall be a "City Commission" and City Manager form of government. There shall be a "City Commission" with all legislative powers of the City vested therein, consisting of five (5) members who shall be electors of the City, who shall be known and designated throughout this Charter and in the Code of Ordinances as "City Commissioners." or “ Commission Members”. (Ord. No. 80-7-380, § 1, 7-3-80; Ord. No. 00-11-1009, § 2, 11-13-00) Editor's note(s)—Prior to amendment by Ord. No. 80-7-380, § 3.1 pertained to mayor/council form of government. Prior to amendment by Ord. No. 00-11-1009, which was approved at the March, 2001 election, § 3.1 pertained to city council/city manager form of government. Sec. 3.2 City Commission; cComposition; eEligibility; eElection; tTerm of oOffice; and rRedistricting.; Term Limits. (a) City Commission. There shall be a City Commission composed of five (5) members; one (1) Mayor elected at-large and four (4) Commission Mmembers, collectively referred to as Commissioners

Created: 2024-03-29 12:43:11 [EST] (Supp. No. 28) Page 7 of 21 or the City Commission. Each Commission member shall be elected from one of the four (4) single member election districts within the City. Each Commission member from each of the four (4) election districts shall be elected from votes cast from said election district only and shall reside in the election district from which such Commission Mmember is elected. The candidates receiving the greatest number of votes in each election district, or in the case of the Mayor in the at-large city-wide election, shall be deemed elected. Voters shall vote for only one (1) candidate in each election district which shall be the election district within which the voter resides. The Mayor shall be permitted to reside anywhere within the City and shall be elected at-large in the manner provided in this Charter. (b) Qualifications for Ccommissioners. Only qualified electors who have been domiciled in the City of North Lauderdale for at least one (1) year immediately prior to qualifying for office and who shall have attained the age of eighteen (18) years old on or before the date the candidate files and qualifies in accordance with this Charter as a candidate for office, shall be eligible to hold the office of Mayor or Commissioner. Each Commissioner member and candidates for Commission Mmember shall be elected from the election district in which he or she is domiciled for at least one (1) year prior to qualifying for such office by the greatest number of votes of all registered voters residing within that election district. Once elected, a Commission Mmember from an election district shall remain a domiciliary of the election district during his or her term of office. The Mayor shall have been domiciled anywhere within the City at least one (1) year prior to qualifying for such office and shall be elected at-large by receiving the greatest number of votes of all registered voters within the City. Once elected, the Mayor shall remain a domiciliary of the City during his or her term of office. The

Created: 2024-03-29 12:43:11 [EST] (Supp. No. 28) Page 8 of 21 City Commission shall by ordinance create procedures designed to assure that candidates meet and maintain the Qualifications for Commission office. (c) Term Limits. Beginning with the election of March 2002, members of the City Commission shall hold office for terms of four (4) years. Commencing from the date of the adoption of the below term limit provision in 2026 , no person shall serve as Mayor or Commissioner for more than three (3) consecutive elected terms of office. Service shall be deemed to be consecutive unless there is an intervening two-year period during which the individual does not serve as a Commissioner or Mayor (the "Break in Service"). Any person serving the maximum amount of time as Mayor or Commissioner must have a two-year Break in Service before serving as Mayor or Commissioner. Any person serving the maximum amount of time as a combination of Mayor and Commissioner must have a two-year Break in Service before serving as Mayor or Commissioner. This Break in Service requirement shall be applicable only prospectively and shall, except as provided herein, apply to any person who after the effective date of this Break in Service provision reaches the maximum limitation on length of service which is provided herein. No candidate may run for either the office of Mayor or Commissioner when, if elected, the person would exceed the limitations on service set forth in this paragraph by any length of time taking into account the full regular term for the office sought. (d) Election Date. Commencing with a special election in November 2009, and in all applicable election years thereafter, all general city elections shall be held in November. The Mayor and/or several Commission Mmembers may have their current terms extended in order to accommodate this change. Commencing with the special

Created: 2024-03-29 12:43:11 [EST] (Supp. No. 28) Page 9 of 21 election in November, 2009, the position of Mayor and City Commission Mmember seats in Districts A and B shall become vacant, and candidates for a one-time, five-year term of office may qualify for election to those seats by filing with the City Clerk a written notice of candidacy, which notice shall designate which of the Commission Mmember election districts of the City Commission the Candidate seeks to fill. Commencing with a general election in November 2010, City Commission Mmember seats in Districts C and D shall become vacant, and candidates for a one-time, six-year term of office may qualify for election to those seats by filing with the City Clerk a written notice of candidacy, which notice shall designate which of the Commission Mmember election districts of the City Commission the Candidate seeks to fill. The position of Mayor and Commission Mmember seats in Districts A and B shall be up for reelection to a four-year term in November 2014 and every four years thereafter. Commission Mmember seats in Districts C and D shall be up for reelection to a four-year term in November 2016 and every four years thereafter. The extension of the terms for candidates in the 2009 and 2010 elections shall be a one-time occurrence in order to preserve the staggered election process otherwise contained in this Charter. Thereafter, vacancies shall be filled in accordance with this Charter and as provided for by the State Election Code, as the same is presently constituted or as may be later amended from time to time. (e) Redistricting. Following the decennial census in 2020, and every ten (10) years thereafter, or sooner if it is determined by the Commission that districts shall have become unbalanced due to population shifts, the City Commission shall contract with an accredited four (4) year college or university located within the State of Florida for the purpose of identifying and designating the four (4) election districts within the City of North Lauderdale. The

Created: 2024-03-29 12:43:11 [EST] (Supp. No. 28) Page 10 of 21 City Commission shall adopt the redistricting plan as designated, provided that the plan incorporates the principles of nondiscrimination and fairness. In the event an elected Ccommission Mmember no longer resides in the district from which he or she is elected as a direct result of the revisions to district boundaries in accordance with this section, that Commission Mmember shall complete his or her term. Nothing contained within this section shall be construed to alter residence requirements for any candidate including incumbents, during subsequent regular elections. In the event no candidate qualifies for election for any designated election district seats, then a special qualifying period shall be opened for five (5) calendar days after the close of the regular qualifying period or such other time designated in accordance with law and anyone from anywhere within the City may qualify for such seat. Thereafter, if no person qualifies for such seat, a vacancy shall be declared and filled in accordance with this Charter. (Amend. No. 79-4; Ord. No. 83-12-523, § 3, 12-15-83; Ord. No. 86-8- 638, § 3, 8-14-86; Ord. No. 92-12-835, § 2, 12-10-92; Ord. No. 92-12- 839, § 2, 12-10-92; Ord. No. 2003-11-1101, § 2, 11-11-03; Ord. No. 06- 05-1157, § 2, 5-31-06; Ord. No. 06-05-1160, § 2, 5-31-06; Ord. No. 12- 07-1273, §§ 1—10, 7-17-12; Ord. No. 16-04-1328 , §§ 1—10, 4-26-16; Ord. No. 16-02-1325 , § 2, 2-23-16) Editor's note(s)—Ord. No. 16-02-1325 adopted February 23, 2016 was approved at the November 2016 referendum election. Ord. No. 06- 05-1157, Ord. No. 06-05-1160 adopted May 31, 2006 was approved at the November 2006 referendum election. Editor's note(s)—The amendment to § 3.2 promulgated by Ord. No. 83- 12-523, § 3, was approved at the election of March, 1984. The amendment to § 3.2 promulgated by Ord. No. 86-8-638, § 3, was

Created: 2024-03-29 12:43:11 [EST] (Supp. No. 28) Page 11 of 21 approved at the election of November, 1986. The amendment to § 3.2(b) promulgated by Ord. No. 92-12-835, § 2, and Ord. No. 92-12- 839, § 2, were approved at the election of March, 1993. The amendment to § 3.2 promulgated by Ord. No. 2003-11-1101, § 2, was approved at the election of March, 2004. Cross reference(s)—Code provisions relative to elections districts, § 18- 5. Sec. 3.2.1 Initial dDistricts. The City Commission shall adopt by ordinance the creation and establishment of the boundaries of the initial four (4) election districts not later than July 1, 2004. The ordinance shall provide for the implementation of said election districts to be effective for the elections to be held in the City of North Lauderdale commencing in March, 2005. The redrawing of election district boundaries shall not effect the right of a Commissioner to hold office for the remainder of his or her term even though the Commissioner's residence may no longer be within the district from which he or she was elected. (Ord. No. 83-12-523, § 5, 12-15-83; Ord. No. 2003-11-1101, § 3, 11-11- 03) Editor's note(s)—The addition of § 3.2.1 promulgated by § 5 of Ord. No. 83-12-523, was approved at the election of March, 1984. The amendment to § 3.2.1 promulgated by Ord. No. 2003-11-1101, § 3, was approved at the election of March, 2004. Sec. 3.3 Mayor and vVice mMayor. (a) Annually, at the last meeting of November, the City Commission shall elect designate from its members, by majority vote, the Vice- Mayor. The Vice Mayor designation shall be done on a rotating basis by Election Districts by alphabetically proceeding through

Created: 2024-03-29 12:43:11 [EST] (Supp. No. 28) Page 12 of 21 Election Districts A, B, C, and D each year. However, if a Commissioner declines to accept the designation of Vice Mayor the selection shall proceed to the next eligible Commissioner by way of the A,B,C,D approach. Thereafter, if at any time both the said elected Mayor and Vice -Mayor are unable to function in their respective capacities, the City Commission shall immediately from its members temporarily select an acting Mayor and acting Vice- Mayor, pending the currently elected Mayor or selected Vice- Mayor in the Mayor's or Vice-Mayor's absence, resuming the duties of Mayor and Vice -Mayor. (b) The Mayor shall preside at all Commission meetings and shall be considered a member of the Commission. The vVice-mMayor shall act as mMayor during the absence or disability of the Mayor. In the case of death, resignation or removal of the Mayor, the vacancy shall be filled in accordance with section 3.6 of this Charter. The Mayor shall preside at meetings of the Commission, shall be recognized as the head of city government for all ceremonial purposes, by the Governor for purposes of military law, for the execution of official proclamations, and city ordinances and resolutions. But However, the Mayor shall have no administrative duties except as required to carry out the responsibilities herein described in accordance with applicable law. The Vice -Mayor shall act as Mayor during the absence or disability of the Mayor and shall countersign all ordinances and resolutions of the City Commission. (Ord. No. 80-7-380, § 1, 7-3-80; Ord. No. 89-11-741, § 2, 11-9-89; Ord. No. 92-12-837, § 2, 12-10-92; Ord. No. 2003-11-1101, § 2, 11-11-03; Ord. No. 07-05-1188, § 2, 5-8-07) Editor's note(s)—Prior to amendment by Ord. No. 80-7-380, § 3.3 pertained to president and vice-president of council. The amendment to § 3.3 promulgated by Ord. No. 89-11-741, § 2, was

Created: 2024-03-29 12:43:11 [EST] (Supp. No. 28) Page 13 of 21 approved at the election of March, 1990. The amendment to § 3.3(a) promulgated by Ord. No. 92-12-837, § 2, was approved at the March, 1993 election. The amendment to § 3.3 promulgated by Ord. No. 2003-11-1101, § 4, was approved at the election of March, 2004. The amendment to § 3.3(a) promulgated by Ord. No. 07-05- 1188, § 2 was approved at the election of March, 2007. Sec. 3.4 City councilCommission: gGeneral pPowers and dDuties. (a) All legislative powers of the City shall be vested in the City Council Commission, except as otherwise provided by general law or this Charter, which shall provide for the exercise thereof and for the performance of all duties and obligations imposed upon the City by applicable Law. (b) The City Council Commission shall have the power to create such offices, departments or divisions other than those provided herein, as may be necessary for the administration of the affairs of the City and to prescribe the duties and powers of the officers and employees of such office, department or division, other than those provided herein, and to provide for the appointment and fix the salary or compensation, except as otherwise provided herein of such officers or employees. The City Commission in acting pursuant to this section shall comply with all applicable laws and ordinances, including, but not limited to, those human resources protocols which govern the hiring and removal of City employees. Sec. 3.5 Prohibitions. (a) No councilmember Commission Members shall hold any other city office or city employment or serve on any City Advisory Board, or any other city-appointed office or position during the term for which he or she is elected to office. This provision shall not be construed to prevent any individual councilmember Commission

Created: 2024-03-29 12:43:11 [EST] (Supp. No. 28) Page 14 of 21 Member from reporting to the Council Commission as a whole, on the affairs or activities of any specific board, office division or department, but he or she shall not be named a department head, commissioner or supervisor or serve in any other capacity wherein he or she could exercise individual authority over the affairs of a board, office, division or department of the City. This shall not be construed to preclude any member of the Commission from serving on a regional or intergovernmental body which includes officials from other governmental bodies. (b) No individual Councilmember Commission Member shall in any manner dictate the appointment or removal of any City administrative officer or employee whom the City Manager or his or her designated subordinates are empowered to appoint. (c) Except as provided in this Charter with respect to inquiries and investigations, the Council Commission and its members shall deal with officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager; and no individual Councilmember Commission Member shall give orders to any such officer or employee, either publicly or privately. No individual Councilmember Commission Member shall change or modify any administrative system, procedure or method installed and implemented by the City Manager, but any Councilmember Commission Member may express his or her views fully and freely on such matters and may openly discuss with the City Manager anything relevant pertaining to suggestions for the change or modification thereof. Nothing contained in the foregoing is to be construed to prohibit individual members of the Council Commission from closely scrutinizing, by questions and personal observation, all aspects of City government operations so as to obtain independent information to assist the members in the formulation of sound policies to be considered by the Council

Created: 2024-03-29 12:43:11 [EST] (Supp. No. 28) Page 15 of 21 Commission. It is the express intent of this Charter, however, that recommendations for improvements in City government operations by individual Councilmembers Commission Members may be made to and through the City Manager so that the City Manager may coordinate efforts of all City departments to achieve the greatest possible savings through the most efficient and sound means available. (d) No former elected City Official shall hold any compensated appointive City Office or employment until one (1) year after the expiration of the term for which he or she was elected. This one (1) year restriction shall not prohibit appointment to and service upon any City board for which a person may volunteer to serve. (Ord. No. 80-7-380, § 1, 7-3-80; Ord. No. 82-2-462, § 1, 2-2-82; Ord. No. 06-05-1166, §§ 2, 5, 5-31-06) Editor's note(s)—Ord. No. 06-05-1166 adopted May 31, 2006 was approved at the November 2006 referendum election. Sec. 3.6 Vacancy; fForfeiture of oOffice; fFilling of vVacancies. (a) The office of a City Commissioner Member shall become vacant upon his or her death, resignation, removal from office in any manner prescribed by law or this Charter for forfeiture of this his or her office, or in the event a Councilmember Commissioner elected from a Councilmember Commission election district fails to reside in such election district. (b) A City Commissioner Member shall forfeit his or her office if he or she (1) lacks at any time during his or her term of office any of the qualifications for the office prescribed by this Charter or by law, (2) fails to attend four (4) consecutive regular meetings of the cCity cCommission without being excused by the city commission by formal action entered upon the minutes, or (3) is convicted in a

Created: 2024-03-29 12:43:11 [EST] (Supp. No. 28) Page 16 of 21 court of competent jurisdiction of a felony or other crime involving moral turpitude. The City Commission shall by ordinance provide standards and procedures for determining whether absences from Commission meetings shall be excused by the City Commission. The City Commission may by ordinance establish standards and procedures for determining whether a Commission Member lacks at any time during his or her term of office any of the qualifications for the office prescribed by this Charter or by law. (c) In the event of a vacancy on the Commission the remaining members of the City Commission shall, by majority vote, choose a successor to fill the seat of the Commission mMember whose seat became vacant. Such successor shall be a resident qualified voter from the same election district in which the vacancy has occurred if from a Commission mMember election district; if a majority of said remaining members is unable to choose a successor to fill said vacancy within thirty (30) days following the occurrence of such vacancy, the Commission shall schedule a special election to be held not sooner than thirty (30) days nor more than ninety (90) days following the occurrence of the vacancy. Notwithstanding the above, the time limits for the holding of a special election shall be adjusted by City Commission Resolution to meet the requirements of the Broward County Supervisor of Elections. The Commission member chosen by the City Commission to fill a vacancy as specified above or a Commission member elected at a special election to fill a vacant Commission seat shall serve out only the remaining term of the Commission member whose seat became vacant. Notwithstanding any other quorum requirements established herein, if at any time the membership of the Commission is reduced to less than a quorum, the remaining members shall forthwith call for a special election for additional members to fill all Commission vacancies.

Created: 2024-03-29 12:43:11 [EST] (Supp. No. 28) Page 17 of 21 (d) In the event that all members of the Commission are removed by death or disability or forfeiture of office, within a period of seven days from removal by death, disability or forfeiture of office of the first member of Commission to the fifth member of Commission, then the City Manager or the City Clerk shall immediately notify the Governor of this fact and the Governor shall appoint an interim Commission that shall call a special election, as provided in (c) above, and such election shall be conducted in the same manner as the first election under this Charter. During the interim period of time, from the seventh day of aforesaid until the Governor appoints an interim Commission, all of the duties and powers herein vested in the City Commission shall be vested in the City Manager and the City Clerk. (Amend. No. 79-1; Ord. No. 80-7-380, § 1, 7-3-80; Ord. No. 83-12-523, § 4, 12-15-83; Ord. No. 95-12-898, § 2, 12-12-95; Ord. No. 06-05-1166, §§ 5, 7, 5-31-06; Ord. No. 12-05-1267, § 2, 5-8-12) Editor's note(s)—Ord. No. 12-05-1267 adopted May 8, 2012 was approved at the November 6, 2012 referendum election. Editor's note(s)—Ord. No. 06-05-1166 adopted May 31, 2006 was approved at the November 2006 referendum election. Editor's note(s)—The amendment to § 3.6 promulgated by § 4 of Ord. No. 83-12-523 was approved at the election of March 1984. Sec. 3.7 Forfeiture hearings. (a) The Council Commission shall be the Judge of the grounds constituting a forfeiture of a member's office. (b) Any one member of the Council Commission shall have the power to charge any other member with grounds which, if found to exist, would constitute a forfeiture of office.

North Lauderdale, Florida, Code of Ordinances NORTH LAUDERDALE CHARTER COMPARATIVE TABLE North Lauderdale, Florida, Code of Ordinances Created: 2024-03-29 12:43:12 [EST] (Supp. No. 28) Page 18 of 21 If a charge is made against a Councilmember of the Commission as aforementioned, immediately after said charge has been made, the Council Commission shall vote to determine whether or not probable cause exists that a member has committed acts which if found to exist would constitute forfeiture of office. Three (3) affirmative votes shall be necessary to find that said probable cause exists and the member making the charge and the charged member shall be excluded from voting. (c) A member so charged with conduct constituting grounds for forfeiture of his or her office, shall, upon demand by made by the charged member within seven(7) days from the finding of probable cause , be entitled to a public hearing; however, such public hearing shall not take place less than ten (10) days, nor more than twenty (20 ) days from the date of the request for a public hearing of the charge, exclusive of the charging dat.e; further, Nnotice of such public hearing shall be published by the City in one or more newspapers of general circulation in the City at least one time and at least one week prior to the aforementioned public hearing. Alternatively, notice of such public hearing may be posted on the City’s website. Nothing contained herein shall prevent a charged member from resigning at any time from the date charged up to the time of the aforementioned public hearing and if the charged member elects to resign, then the Council Commission shall not be required to conduct a public hearing. In the event that a hearing shall be demanded by the charged member, then the City Attorney shall act on behalf of the City and shall present all evidence and other pertinent information relating to the charge to the CouncilCommission. The charged member shall be

North Lauderdale, Florida, Code of Ordinances NORTH LAUDERDALE CHARTER COMPARATIVE TABLE North Lauderdale, Florida, Code of Ordinances Created: 2024-03-29 12:43:12 [EST] (Supp. No. 28) Page 19 of 21 entitled to be represented at the hearing by an attorney of his or her choice and at his or her own expense. In the conduct of the public hearing provided herein, the rules of evidence shall not be strictly followed and the administrative procedures as set forth in the any applicable Florida Statutes shall apply. At the conclusion of the hearing as herein provided the affirmative vote of three (3) council Commission members shall be necessary to find that grounds for forfeiture of office exist and that a member has forfeited his or her office. The member making the charge and the charged member shall be excluded from voting. Upon three (3) affirmative votes being cast as aforementioned the office shall immediately become vacant. (d) The charged member shall be given the opportunity prior to the public hearing to examine all evidence to be presented against him or her and at the hearing, shall be entitled to examine and/or cross examine witnesses. For the purposes above stated, the Council Commission shall have the power to subpoena witnesses, administer oaths, and require the production of evidence; and upon request by a charged member, the Council Commission shall exercise subpoena powers for the purpose of compelling the appearance of witnesses in defense of the charged member of the Commissioncouncilmember. (e) The Commission may by Ordinance, adopted by the affirmative votes of four (4) Commission Members , enable resident electors of the City to institute the forfeiture mechanism at the City Commission as provided above, including the probable cause, public hearing , and due process components provided above. (Ord. No. 06-05-1166, § 5, 5-31-06)

North Lauderdale, Florida, Code of Ordinances NORTH LAUDERDALE CHARTER COMPARATIVE TABLE North Lauderdale, Florida, Code of Ordinances Created: 2024-03-29 12:43:12 [EST] (Supp. No. 28) Page 20 of 21 Editor's note(s)—Ord. No. 06-05-1166 adopted May 31, 2006 was approved at the November 2006 referendum election. Sec. 3.8 City Council Commission Pprocedure. (a) The Council Commission shall meet regularly at least once in every month at such times and places as the Council Commission may prescribe by rule. Special meetings may be held on the call of the Mayor, the City Manager or of three (3) or more members of the CouncilCommission ; provided, however, that special meetings shall not convene until no less than a twenty-four (24) -hour notice has been provided to each Councilmember of the Commission with appropriate legal notice and to the public prior to said special meeting. A greater period of notice to each member of the Commission and to the public shall be provided if required by applicable law. All meetings shall be open to the public, in accordance with general applicable law, except as may be exempted by general applicable law. (b) The Council Commission shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings to include regular, special and workshop meetings. This journal shall be a public record. (c) Voting on ordinances and resolutions shall be by roll call and the ayes and nays shall be recorded in the journal. Three (3) members of the Council Commission shall constitute a quorum. If at any time during a duly convened Council Commission meeting a quorum shall no longer exist, the meeting shall be automatically adjourned; however, nothing herein contained shall prohibit or be construed to

North Lauderdale, Florida, Code of Ordinances NORTH LAUDERDALE CHARTER COMPARATIVE TABLE North Lauderdale, Florida, Code of Ordinances Created: 2024-03-29 12:43:12 [EST] (Supp. No. 28) Page 21 of 21 prohibit the Council Commission or any individual Councilmember of the Commission from taking a temporary break or recess of a reasonable length of time during a duly convened Council Commission meeting, and the same shall not automatically terminate a duly convened Council Commission meeting. No action of the Council Commission shall be valid or binding unless adopted by the affirmative vote of the majority of a quorum present. (Amend. No. 79-2; Amend. No. 79-3; Ord. No. 80-7-380, § 1, 7-3-80; Ord. No. 00-11-1007, § 2, 11-13-00) Editor's note(s)—The amendment to § 3.8(a) promulgated by Ord. No. 00-11-1007, § 2, was approved at the March, 2001 election.

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