Resolution 113-2014RESOLUTION NO. 113 — 2014
Mayor Sylvia Murphy Yes
Mayor Pro Tern Danny Kolhage Yes
Commissioner David Rice
?orge Neugent
gather Carruthers
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
M yor /Chairman
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA RESENDING
RESOLUTION NO. 194 -2012
WHEREAS, On July 18, 2012 the Board of County Commissioners adopted Resolution
194 — 2012 as a procedure for appointing a substitute member of the Canvassing Board to
Serve in the place of the Mayor if the Mayor is temporarily unable to serve; and
WHEREAS, the Florida Legislature has adopted Chapter 2013 -57, Laws of Florida, which
revised Florida Statute 102.141; thereby making Monroe County Resolution 194 -2012 moot by
operation of law.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1: Monroe County Resolution 194 -2012, a Resolution of the Board of County
Commissioners of Monroe County, Florida approving a procedure for substitute member of the
canvassing Board to serve in place of the Mayor if the Mayor is temporarily unable to serve, is
hereby rescinded.
Section 2. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
meeting of said Board held on the 11th day of June, 2014.
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MONROE COUNTY ATTOR EY
APPROVED AS TO F .
NA ILEENE W. CASSEL
ASSISTANT COUNTY ATTORNEY
Date
RESOLUTION NO. 194 — 2012
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA APPROVING A PROCEDURE
FOR SUBSTITUTE MEMBER OF THE CANVASSING BOARD TO —,
SERVE IN PLACE OF THE MAYOR IF THE MAYOR IS TEMPORARILY
UNABLE TO SERVE.
WHEREAS, Florida Statute 102.141 (1) requires that the County Canvassing Board be composed of
the supervisor of elections, a county court judge acting as chair, and the chair of the board of county
commissioners; and
WHEREAS, Florida Statute 102.141 (1)(c) provides that if the chair of the board of county
commissioners is unable to serve or is disqualified, the board of county commissioners shall appoint as
a substitute member one of its members who is not a candidate with opposition in the election being
canvassed and who is not an active participant in the campaign or candidacy of any candidate with
opposition in the election being canvassed; and
WHEREAS, Florida Statute 102.141 (1)(d) provides that when a substitute member cannot be
provided under the statute the chief judge of the judicial circuit in which the county is located shall
appoint as a substitute member a qualified elector of the county who is not a candidate with
opposition in the election being canvassed and who is not an active participant in the campaign or
candidacy of any candidate with opposition in the election being canvassed; and
WHEREAS, Florida Statute does not provide for the situation in which the chair of the board of county
commissioners is temporarily unable to serve at a meeting of the Canvassing Board and is not
disqualified; and
WHEREAS, Monroe County is 120 miles long, located on a predominantly two lane road, interspersed
with numerous bridges which constitute a beautiful but often time consuming drive; and
WHEREAS, It is the intention of the Board of County Commissioners to plan for the appointment in
advance of a temporary substitute for its chair, or other duly appointed member, in those rare cases
where the serving member may be unavoidably or unexpectedly unavailable to serve;
WHEREAS, the Board of County Commissioners desires to set up an automatic method and criteria for
the appointment of a temporary member so that the appointment will be decided in advance of any
unavoidable or unexpected inability to serve and the appointment will not require a special meeting of
the Board of County Commissioners; and
WHEREAS, the Canvassing Board meetings often are of short durations; and
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WHEREAS, it is in the best interest of the tax payers of Monroe County to have a mechanism for
appointing temporary Canvassing Board representatives who are located as close to the canvassing
board meeting site as possible.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1: Temporary substitution of a member of the canvassing board shall be done only
if the serving member is unavoidably or unexpectedly unavailable to serve and in the same
manner as prescribed in F. S. 102.141.
Section 2 . The temporary member shall be a member of the Board of County
Commissioners appointed by use of the following criteria:
(a) the temporary member must not be a candidate with opposition in the
election being canvassed; and
(b) the temporary member must not an active participant in the campaign or
candidacy of any candidate with opposition in the election being
canvassed;
(c) for Canvassing Board meetings to be held in the County seat, the
appointment of the temporary member shall be rotated among the
commissioners beginning with District 3, followed by District 1,
District 2, District 4 and District 5; for Canvassing Board meetings held
outside of the County seat, the commissioner whose district in which the
Canvassing Board is meeting shall be appointed to serve as temporary
member, followed by the next closest commissioner.
(d) if a substitute member cannot be appointed as provided under this
criteria the chief judge of the 16' Judicial Circuit shall appoint a
temporary member as provided in F.S. 102.141.
Section 3. The designated temporary member shall not serve at the same meeting of the
canvassing board when the actual member is attending the meeting.
Section 4: The Board of County Commissioners shall be notified of their position in the above
rotation and of the meeting dates at which the temporary member shall be expected to attend as soon
as possible after passage of this resolution or at the time when the Canvassing Board is established for
each election period so that it can be determined if they are qualified and available to serve if called
upon to do so.
,W ,)on 5, The Mayor shall notify the temporary substitute using the above criteria in time
for the temporary member to be available for service at the next appropriate meeting of the
canvassing board; and shall notify the Board of County Commissioners of the selection, the
duration, and the reason for the temporary appointment at the next meeting of the Board of
County Commissioners following the determination of the temporary member.
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Section S : This Resolution shall become effective upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
meeting of said Board held on the 18th day of July, 2012.
Mayor David Rice Yes
Mayor Pro Tem Kim Wigington Yoa
Commissioner Sylvia Murphy Yen
Commissioner George Neugent Yes
Commissioner Heather Carruthers Yes
( SEAL )
Attest: DANNY L KOLHAGE, perk
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
M /Chairman
MONROE COUNTY ATTORNEY
A OVE AS TO FORM:
A t EENE W. CASSEL
SSISTANT COUNTY ATTORNEY
Date ? —/ 7 - ?vi
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