Resolution 402-2010RESOLUTION NO. 402 -2010
A RESOLUTION OF THE MAYOR AND COUNTY
COMMISSION OF MONROE COUNTY AMENDING THE
BOARD OF COUNTY COMMISSIONERS ADMINISTRATIVE
PROCEDURES TO PROVIDE FLEXIBILITY IN SCHEDULING
NOVEMBER REGULAR MEETING IN A YEAR OF ELECTIONS
OF COUNTY COMMISSIONERS TO BE CONSISTENT WITH
THE COMMENCEMENT OF A NEWLY ELECTED
COMMISSIONER'S TERM.
WHEREAS, the Board of County Commissioners (BOCC) Administrative Procedures
were last amended in March, 2009; and
WHEREAS, it has been noted that the procedures are inconsistent with the practice of
scheduling of the regular BOCC meeting in the month of November whenever there is a general
election for one or more county commissioners, generally by one day; and
WHEREAS, Section 1.04(a), Board of County Commissioners Administrative
Procedures, reads, in pertinent part: "The November meeting in election years must be on the
date newly elected commissioners assume office as provided by law;" and
WHEREAS, a newly elected commissioner's term commences on the second Tuesday
following the election, pursuant to section 100.041(2)(a), Florida Statutes, and a newly elected
officer cannot assume office until taking the oath required by the Florida Constitution, Article 11,
Section 5; and
WHEREAS, the regular commission meetings are routinely scheduled on the third
Wednesday of the month, which day will usually be the day following the date of the
commencement of the term of office per statute; and
WHEREAS, it is desired to correct the inconsistency but allow the BOCC some
flexibility in scheduling November meetings;
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Monroe County, that:
1. Section 1.04(a), Board of County Commissioners Administrative Procedures, shall
be revised as follows:
Section 1.04 — Presiding Officer, Election, Duties:
a) Chairperson: The Presiding Officer of the County Commission is the
Chairperson/Mayor, who shall be elected by a majority vote of the members present at the
regular meeting of the BOCC in November. The November meeting in election years shall be on
the date of the commencement of terms for newly elected commissioners as set by statute or
within twenty -four hours after such date;
Selection of the Chairperson/Mayor shall be by nomination from the floor, with no second
required, followed by alphabetical roll call vote of Commissioners on each nomination, in order
of the nominations made. Selection of the Vice Chairperson/Mayor Pro Tem shall be in an
identical manner.
2. This Resolution shall become effective upon the date of its adoption herein.
3. The changes reflected in Item 1 above shall be incorporated in the Board of County
Commissioners Administrative Procedures
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a meeting of said Board held on the20thday of October , 2010.
Mayor Sylvia Murphy Yes
Mayor Pro Tem Heather Carruthers Yes
Commissioner Mario DiGennaro Yes
ioner George Neugent Yes
er Kim Wigington Yes
L. KOLHAGE, Clerk
Clerk
BOCC Admin Procedures Amendment
November Mtg consistent w /terms
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY FLORIDA
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