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RE_ FW_ Time-line for Proposed Amended Article IX - ELECTIONS - Sec_ 41 _ Request Deadline of February 21 for submission _ notice _and publicationGot it! Since you did not propose any changes to Sec. 81 (shown below), considering we could have a primary and/or general election, which would count as the “regular municipal election”? Sec. 81. Periodic review A Charter Review Committee consisting of at least nine (9) and no more than fifteen (15) electors of the City shall be appointed by the City Commission every eight (8) years to review the City Charter and propose any amendments or revisions, which may be advisable for placement on the regular municipal election ballot. The City Commission shall appoint the Charter Review Committee in January of the year immediately preceding the election with a definite and specific charge. The Charter Review Committee shall meet for the purpose of organization within thirty (30) days after the appointments have been made. The Charter Review Committee shall elect a chair and vice chair from among its membership. Further meetings of the Charter Review Committee shall be held upon the call of the chair or a majority of the members of the Charter Review Committee. All meetings shall be open to the public. No Charter amendment or revision shall be submitted to the electorate for adoption unless favorably voted upon by a majority of the entire membership of the Charter Review Committee. No later than one-hundred and eighty (180) days prior to the regular municipal election, the Charter Review Committee shall deliver to the City Commission the proposed amendments or revisions, if any, to the City Charter. Each proposed amendment shall embrace but one subject and matter directly connected therewith. The City Commission may by resolution place such amendments or revisions as approved by the Charter Review Committee on the next regular municipal election ballot. If a majority of the electors voting on the amendments or revisions favor adoption, such amendments or revisions shall become effective on January 1 of the succeeding year or such other time as the amendment or revision shall provide. If the Charter Review Committee does not submit any proposed Charter amendments or revisions to the City Commission at least one-hundred and eighty (180) days prior to the regular municipal election, the Charter Review Committee shall be automatically dissolved. Otherwise, upon acceptance, further amendment or rejection of the proposed amendments or revisions by the City Commission, the Charter Review Committee shall be automatically dissolved. Also, in Sec. 39 (excerpt shown below), again, considering we could have a primary and/or general election and we do not know at the time petitions are circulated, which election date (general or primary) goes on the nomination petition? Sec. 39. - Nominations. Any elector of the city having the additional qualifications and limitations as set forth in Article II, Section 6, may be nominated for a seat in the city commission. Such nomination shall be only by petition. A petition for this purpose shall be signed by not less than twenty-five (25) qualified electors of the city. The signatures on the nominating petition need not all be subscribed on one paper. Each separate paper shall have affixed a signed statement of the circulator thereof stating the number of signers of such paper and that each signature appended thereto was made in the presence of the circulator and is the genuine signature of the person whose name it purports to be. Each signer, including the circulator, shall provide his/her place of residence, including the street and number. The form of the nomination petition shall be substantially as follows: "We, the undersigned electors of the City of Atlantic Beach hereby nominate _______ whose residence is _______ for the office of Commissioner, Seat No. _______ to be voted for at the election to be held on the _______ day of _______, _______ A.D., and we individually certify that our names appear on the rolls of registered voters, and that we are qualified to vote for a candidate for the city commission. Thank you, Donna From: Gabriel, Jason [mailto:jgabriel@burr.com] Sent: Wednesday, February 21, 2024 1:12 PM To: Bartle, Donna <dbartle@coab.us>; Gabriel, Jason <jgabriel@coab.us> Cc: Killingsworth, Bill <billk@coab.us>; William "Bill" Gulliford <gulliford@usa.com> Subject: RE: FW: Time-line for Proposed Amended Article IX - ELECTIONS - Sec. 41 / Request Deadline of February 21 for submission , notice ,and publication Donna – Attached are two options on the elections language for the CRC’s review next week. Both include the plurality to “majority” change that the CRC asked for, however per instructions from the CRC Chair, I am providing two drafts: • Draft A is a traditional primary followed by general election, if necessary. • Draft B sets forth a primary only if there are more than 2 candidates for an office. Otherwise, if there are only 2, it goes straight to a general election. This is the way Jax Beach and Neptune Beach does it. Please distribute to the CRC as the Chair sees fit and let me know of any questions or concerns. Thanks, Jason G. Jason R. Gabriel Partner <http://images.burr.com/Images/BurrLogo_Full.jpg> 50 North Laura Street, Suite 3000 Jacksonville, Florida 32202 direct 904-232-7211 mobile 904-226-8191 fax 904-212-2003 jgabriel@burr.com <mailto:jgabriel@burr.com> Web <http://www.burr.com> The information contained in this email is intended for the individual or entity above. If you are not the intended recipient, please do not read, copy, use, forward or disclose this communication to others; also, please notify the sender by replying to this message, and then delete this message from your system. Thank you. From: Bartle, Donna <dbartle@coab.us> Sent: Monday, January 29, 2024 2:28 PM To: Gabriel, Jason <jgabriel@coab.us>; Gabriel, Jason <jgabriel@burr.com> Cc: Killingsworth, Bill <billk@coab.us>; William "Bill" Gulliford <gulliford@usa.com> Subject: FW: FW: Time-line for Proposed Amended Article IX - ELECTIONS - Sec. 41 / Request Deadline of February 21 for submission , notice ,and publication [EXTERNAL EMAIL] ________________________________ Good Afternoon, Jason, CRC Chair Gulliford’s request is being forwarded to you for handling. Thank you, Donna L. Bartle City Clerk City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5809 From: William Gulliford [mailto:gulliford@usa.com] Sent: Monday, January 29, 2024 2:12 PM To: Bartle, Donna <dbartle@coab.us <mailto:dbartle@coab.us> > Subject: Re: FW: Time-line for Proposed Amended Article IX - ELECTIONS - Sec. 41 / Request Deadline of February 21 for submission , notice ,and publication Donna, Would you please forward my request to Mr. Gabriel to complete the revised Sec. 41 in accordance with the affirmative vote by the Committee, with assistance from Jerry Holland as needed. I would like it done prior to February 21st so the revision could be forwarded to the members of the Charter Revision Committee. I would also like it to be a part of the agenda for the benefit of any citizens who wish to read it at least three days prior to the meeting. Thanks, Bill William Gulliford Cell Phone: 904 334-3786 Office phone: 904 288-9677 Home Phone: 904 246-8389 Office Fax: 904 288-9678 Email: gulliford@usa.com <mailto:gulliford@usa.com> Sent: Monday, January 29, 2024 at 9:45 AM From: "Bartle, Donna" <dbartle@coab.us <mailto:dbartle@coab.us> > To: "Bruce Andrews" <bruce.andrews@comcast.net <mailto:bruce.andrews@comcast.net> >, "Charles Chip Drysdale" <chipdrysdale@yahoo.com <mailto:chipdrysdale@yahoo.com> >, "'Dawn Scott'" <dawnsmac@bellsouth.net <mailto:dawnsmac@bellsouth.net> >, "Debbie Buckland" <debbie.buckland@gmail.com <mailto:debbie.buckland@gmail.com> >, "Donald Young" <dyoung@c5mi.com <mailto:dyoung@c5mi.com> >, "Ellen Golombek" <ellengolombek@gmail.com <mailto:ellengolombek@gmail.com> >, "Jennifer Lagner " <lagnerjennifer@gmail.com <mailto:lagnerjennifer@gmail.com> >, "Kelly Elmore" <kellmore@comcast.ne t <mailto:kellmore@comcast.net> >, "Kirk Hansen " <Schmirkley@bellsouth.net <mailto:Schmirkley@bellsouth.net> >, "Mitch Reeves" <Mitch@MitchReeves.com <mailto:Mitch@MitchReeves.com> >, "Steve Swann" <scswann@gmail.com <mailto:scswann@gmail.com> >, "Suzanne Shaughnessy" <suzanneatcrc@gmail.com <mailto:suzanneatcrc@gmail.com> >, "William Bill Gulliford" <gulliford@usa.com <mailto:gulliford@usa.com> > Subject: FW: Time-line for Proposed Amended Article IX - ELECTIONS - Sec. 41 / Request Deadline of February 21 for submission , notice ,and publication Forwarding the email below from Carolyn Zisser. Thank you, Donna L. Bartle City Clerk City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5809 From: Carolyn Zisser [mailto:CZisser@zisserfamilylaw.com] Sent: Friday, January 26, 2024 4:08 PM To: Gulliford@USA.com <mailto:Gulliford@USA.com> Cc: Bartle, Donna <dbartle@coab.us <mailto:dbartle@coab.us> >; Charter Review Committee <crc@coab.us <mailto:crc@coab.us> > Subject: Time-line for Proposed Amended Article IX - ELECTIONS - Sec. 41 / Request Deadline of February 21 for submission , notice ,and publication Good afternoon Bill, This is to follow up your request to the City Attorney Jason Garbriel, Esq., at the end of the Charter Review Committee meeting this past Wednesday, January 24 , to draft the revised Article IX – ELECTIONS – Sec. 41 , voted on at the CRC meeting on December 18 which now mandates that all candidates for Atlantic Beach commissioner/s receive a majority of the votes cast, rather than a plurality of votes cast, and send to Jerry Holland for further clarification. Thank you for recognizing my citizen’s input at the end of the meeting, in which I requested that you instruct an advance deadline of February 21, 2024, (7 days prior to the next CRC meeting on February 28, 2024), for Mr. Gabriel to complete this revised Sec. 41 in accordance with the CRC vote ,receive input from Jerry Holland well before February 21 , and submit this Revised Section 41 in a form for the CRC and the Atlantic Beach citizens to read in the published Itinerary in advance of the February 28, 2024 CRC meeting. Mr. Gabriel commented after I spoke that he would like this deadline directive to come from you. Setting and communicating this February 21, 2024 deadline to Mr. Gabriel , for a completed draft revised Section 41 that also includes Jerry Holland’s input , is also necessary as a reminder to him as you previously requested this amended Section 41 at the CRC meeting on December 18, 2023, as is clearly stated in the Minutes of that meeting. I hope that by you communicating this advance deadline directive to the appropriate individuals, that the voted upon Revised Article IX, Section 41 be correctly drafted well in advance of the February 28, 2024 meeting , for thoughtful advance review by the CRC and by Atlantic Beach citizens, in a form to be submitted to the full Commission with the other voted upon revisions to the Atlantic Beach Charter. Thank you for your consideration of this matter. I will be happy to be of further assistance as necessary. Sincerely, Carolyn S. Zisser Carolyn Zisser​​​​ Attorney T: (904) 353-3222 | F: (904) 595-1776 | W: www.zisserfamilylaw.com <http://www.zisserfamilylaw.com> The Beaches ​Ocean Office Plaza ​302 Third Street, Suite 6 ​Neptune Beach, FL 32266 ​ Southside ​10175 Fortune Pkwy, ​Unit 503 ​Jacksonville, FL 32256 CONFIDENTIALITY AND PRIVILEGE NOTICE: This e-mail communication, and any attachment hereto, contains legally privileged and confidential information, subject to the attorney–client privilege, and is intended only for the use of the addressee(s) named above. If you are not the intended recipient of this e-mail, or an authorized employee or agent responsible for delivering it to the intended recipient(s), you are hereby notified that any use, dissemination, printing, or copying of this e-mail is strictly prohibited. If you received this e-mail in error, please immediately notify the sender by reply e-mail, delete this e-mail from your printed and electronic records, and do NOT retain any copies, electronic or otherwise. DISCLAIMER: UNIFORM ELECTRONIC TRANSACTIONS ACT (“UETA”) ( Section 668:50, Florida Statutes): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication; contract formation in this matter shall only occur with manually-affixed original signatures on original documents. TAX ADVICE DISCLOSURE: Pursuant to the requirements of Internal Revenue Service Circular 230, we advise you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of: (1) avoiding penalties that may be imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed in this communication. Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us <mailto:info@coab.us> . Follow the City of Atlantic Beach on Facebook at www.facebook.com/cityofatlanticb each <http://www.facebook.com/cityofatlanticbeach> . Florida has a very broad public records law. Most written communications to or from state and local officials and agencies regarding state or local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us <mailto:info@coab.us> . Follow the City of Atlantic Beach on Facebook at www.facebook.com/cityofatlanticb each <http://www.facebook.com/cityofatlanticbeach> . Florida has a very broad public records law. Most written communications to or from state and local officials and agencies regarding state or local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. From: Carolyn Zisser [mailto:CZisser@zisserfamilylaw.com] Sent: Friday, January 26, 2024 4:08 PM To: Gulliford@USA.com <mailto:Gulliford@USA.com> Cc: Bartle, Donna <dbartle@coab.us <mailto:dbartle@coab.us> >; Charter Review Committee <crc@coab.us <mailto:crc@coab.us> > Subject: Time-line for Proposed Amended Article IX - ELECTIONS - Sec. 41 / Request Deadline of February 21 for submission , notice ,and publication Good afternoon Bill, This is to follow up your request to the City Attorney Jason Garbriel, Esq., at the end of the Charter Review Committee meeting this past Wednesday, January 24 , to draft the revised Article IX – ELECTIONS – Sec. 41 , voted on at the CRC meeting on December 18 which now mandates that all candidates for Atlantic Beach commissioner/s receive a majority of the votes cast, rather than a plurality of votes cast, and send to Jerry Holland for further clarification. Thank you for recognizing my citizen’s input at the end of the meeting, in which I requested that you instruct an advance deadline of February 21, 2024, (7 days prior to the next CRC meeting on February 28, 2024), for Mr. Gabriel to complete this revised Sec. 41 in accordance with the CRC vote ,receive input from Jerry Holland well before February 21 , and submit this Revised Section 41 in a form for the CRC and the Atlantic Beach citizens to read in the published Itinerary in advance of the February 28, 2024 CRC meeting. Mr. Gabriel commented after I spoke that he would like this deadline directive to come from you. Setting and communicating this February 21, 2024 deadline to Mr. Gabriel , for a completed draft revised Section 41 that also includes Jerry Holland’s input , is also necessary as a reminder to him as you previously requested this amended Section 41 at the CRC meeting on December 18, 2023, as is clearly stated in the Minutes of that meeting. I hope that by you communicating this advance deadline directive to the appropriate individuals, that the voted upon Revised Article IX, Section 41 be correctly drafted well in advance of the February 28, 2024 meeting , for thoughtful advance review by the CRC and by Atlantic Beach citizens, in a form to be submitted to the full Commission with the other voted upon revisions to the Atlantic Beach Charter. Thank you for your consideration of this matter. I will be happy to be of further assistance as necessary. Sincerely, Carolyn S. Zisser Carolyn Zisser​​​​ Attorney T: (904) 353-3222 | F: (904) 595-1776 | W: www.zisserfamilylaw.com <http://www.zisserfamilylaw.com> The Beaches ​Ocean Office Plaza ​302 Third Street, Suite 6 ​Neptune Beach, FL 32266 ​ Southside ​10175 Fortune Pkwy, ​Unit 503 ​Jacksonville, FL 32256 CONFIDENTIALITY AND PRIVILEGE NOTICE: This e-mail communication, and any attachment hereto, contains legally privileged and confidential information, subject to the attorney–client privilege, and is intended only for the use of the addressee(s) named above. If you are not the intended recipient of this e-mail, or an authorized employee or agent responsible for delivering it to the intended recipient(s), you are hereby notified that any use, dissemination, printing, or copying of this e-mail is strictly prohibited. If you received this e-mail in error, please immediately notify the sender by reply e-mail, delete this e-mail from your printed and electronic records, and do NOT retain any copies, electronic or otherwise. DISCLAIMER: UNIFORM ELECTRONIC TRANSACTIONS ACT (“UETA”) ( Section 668:50, Florida Statutes): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication; contract formation in this matter shall only occur with manually-affixed original signatures on original documents. TAX ADVICE DISCLOSURE: Pursuant to the requirements of Internal Revenue Service Circular 230, we advise you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of: (1) avoiding penalties that may be imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed in this communication. Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us <mailto:info@coab.us> . Follow the City of Atlantic Beach on Facebook at www.facebook.com/cityofatlanticb each <http://www.facebook.com/cityofatlanticbeach> . Florida has a very broad public records law. Most written communications to or from state and local officials and agencies regarding state or local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us <mailto:info@coab.us> . Follow the City of Atlantic Beach on Facebook at www.facebook.com/cityofatlanticb each <http://www.facebook.com/cityofatlanticbeach> . Florida has a very broad public records law. Most written communications to or from state and local officials and agencies regarding state or local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure.