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HomeMy WebLinkAboutStaats - Guidance on application of dual office-holding and resign-to-run provisions - 3-19-26Bartle, Donna From: Nancy Staats <staatsne@gmail.com> Sent: Thursday, March 19, 2026 6:25 PM To: Bartle, Donna Subject: Re: FW: Need guidance on application of dual office-holding and resign-to-run provisions Donna, Wow, thank you so much for this very detailed information! You were correct in your understanding of the rules (not sure how you keep all that information in your head!) and Mr Gabriel has confirmed that resignation can occur after election as long as it's prior to taking office. I will see you next Thursday, thank you again for being so thorough in your response to me! Nancy On Thu, Mar 19, 2026 at 5:24 PM Bartle, Donna <dbartle@coab.us>wrote: Hi Nancy, Below is the answer to your question about members serving on our boards and committees, as it relates to running for office in AB. P.S. "ARCC" should be "ESC" where it's highlighted in yellow below. Thank you, Donna From: Gabriel, Jason <jgabriel@burr.com> Sent:Thursday, March 19, 2026 4:41 PM To: Bartle, Donna <dbartle@coab.us>; Gabriel,Jason <igabriel@coab.us> Cc: Hogencamp,Kevin <kHogencamp@coab.us> Subject: RE: Need guidance on application of dual office-holding and resign-to-run provisions Hi Donna- 1 Serving on a municipal board does not automatically make someone ineligible to run for office(e.g.,City Commission in Atlantic Beach). However,if the position qualifies as an "office"under the dual office-holding prohibition(Florida Constitution,Article II, Section 5(a))or triggers the resign-to-run law(Florida Statutes§99.012), restrictions may apply. Summary: Dual Office- Board/Committee Holding? Resign-to-Run? Resignation Requirement if Running for AB City Commission No(unpaid Resign from CDB prior to taking office if elected(to avoid dual holding). CDB Yes exception§ Can qualify/run without prior resignation. 99.012(7)(b)) No(unpaid P-PBOT Yes exception§ Resign from P-PBOT prior to taking office if elected. 99.012(7)(b)) No(unpaid G-PBOT Yes exception§ Resign from G-PBOT prior to taking office if elected. 99.012(7)(b)) While no resignation is required,there is a no dual office holding provision ARCC No No in the Code for membership to this board which leads me to blv it's not intended for someone to be on ARCC while a Commission Member. While no resignation is required,there is a no dual office holding provision ESC(incl.Tree No No in the Code for membership to this board which leads me to blv it's not Subcommittee) intended for someone to be on ARCC while a Commission Member. Let me know. Thanks,Jason Jason R. Gabriel Partner jgabriel@burr.com 904-232-7211(direct) 904-226-8191(mobile) 5o North Laura Street,Suite 3000 Jacksonville,Florida 32202 The information contained in this email is intended for the individual or entity above.If you are not the intend read,copy,use,forward or disclose this communication to others;also,please notify the sender by replying to delete this message from your system.Thank you. 2 From: Bartle, Donna <dbartle@coab.us> Sent:Thursday, March 19, 2026 3:34 PM To: Gabriel, Jason<jgabriel@burr.com>; Gabriel,Jason <jgabriel(a@coab.us> Cc: Hogencamp,Kevin <kHogencamp@coab.us> Subject: Need guidance on application of dual office-holding and resign-to-run provisions This is an EXTERNAL email! STOP, ASSESS, and VERIFY Hi Jason, I have been asked whether current board and committee members are ineligible to run for office. It is my understanding that serving on a board/committee does not make an individual "ineligible" to run for office; however, depending on the specific board or committee on which they serve, they may be required to resign at some point (e.g., prior to qualifying or prior to taking office). I believe the dual office-holding provisions apply to the Community Development Board (CDB), the Police Officers' Pension Board of Trustees (P-PBOT), and the General Employees' Pension Board of Trustees (G-PBOT), but I am uncertain whether they apply to the Environmental Stewardship Committee ESC) (including its Tree Subcommittee) or the Arts, Recreation, and Culture Committee (ARCC). Additionally, it is unclear whether the resign-to-run provisions apply to any of our current boards or committees, particularly in light of the exceptions outlined in Section 99.012(7)(b), Florida Statutes. Could you please confirm which of our Atlantic Beach boards and committees (below) are subject to dual office holding and/or resign-to-run provisions, and also outline the applicable resignation requirements for members who wish to run for office in AB? Community Development Board (CDB) Police Officers' Pension Board of Trustees (P-PBOT) General Employees' Pension Board of Trustees(G-PBOT) Arts. Recreation, and Culture Committee (ARCC) Environmental Stewardship Committee (ESC) 3 Thank you, Donna L. Bartle, MMC City Clerk City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 dbartle@icoab.us 904) 247-5809 4