Agenda Item 8IAGENDA ITEM # 8I
DECEMBER 12, 2011
ALAN C. JENSEN
Attorney at Law
935 North Third Street
Jacksonville Beach, Florida 32250
Mailing Address:
Post Office Box 50457
Jacksonville Beach, FL 32240 -0457
MEMORANDUM
TO: Commissioner Mark E. Beckenbach
City of Atlantic Beach
FROM: Alan C. Jensen, Esq., City Attorney
RE: Creating Committees and Appointing
DATE: December 2, 2011
Telephone: (904) 246 -2500
Facsimile: (904) 246 -9960 (call first)
E -Mail: Ala n(a�AJensenLaw.com
VIA HAND DELIVERY
rs of Committees
Yoti have requested my opinion regarding the authority to appoint committees and the authority
to appoint the members of such committees. Appointing committees is addressed in Sec. 8 of the
Charter and in Sec. 2 -19(8) of the Code. You have also inquired whether a conflict exists
between the provisions in Sec. 8 of the Charter regarding the appointment of committees and the
language in Sec. 9 of the Charter that "...all powers of the city and the determination of all
matters of policy shall be vested in the city commission."
It is my opinion that the mayor may appoint committees as in his discretion he deems desirable,
and the mayor may appoint committees as may be desired by the City Commission. It is also m \,
opinion that, according to the language in the Charter, the mayor appoints the committee
members of all committees.
Sec. 8 of the Charter provides in part as follows:
''The mayor- cannnissioner shall have no regular achrunislralive Julies except as
authorized in this Charter hu1 may appoint, from 1imic 10 lime, such special or
select committees as in his discretion he deems desirable or as may be desired 1y
the city commission, to expedite the handling ref the brtsiness and affairs of the
city. "
The language in Sec. 8 gives authority to the mayor to appoint committees as he desires or as
may be desired by the City Commission. Therefore, if the mayor desires to appoint a committee.
its members shall be appointed by the mayor. If the City Commission desires by a majority vote
that a committee be appointed, then the committee members shall also be appointed by the
mayor.
Commissioner Mark E. Beckenbach
December 2, 2011
Page 2
Sec. 9 of the Charter provides in part as follows:
AGENDA ITEM # 81
DECEMBER 12, 2011
" Except as may be otherwise movided in this Charter - all poi>>er -s of the city cmd
the determination of all matters ofpolicy shall be vested in the city commission. "
It is my opinion that this provision in Sec. 9 does not conflict with the provisions contained in
Sec. 8 of the Charter regarding the appointment of committees. Since Sec. 9 provides that
"...except as may be otherwise provided in this Charter... ", this exception would apply to Sec. 8
authorizing the mayor to appoint committees. The Charter of Atlantic Beach is basically its
organizational plan or framework, is somewhat analogous to a constitution, it was written by
citizens of Atlantic Beach and adopted by a popular vote of the citizens. It is in essence a home
rule charter adopted in accordance with the laws of the State of Florida.
In conclusion, Sec. 8 of the Charter grants to the mayor the administrative duty to appoint
committees either desired by him or desired by the City Cornmission, which would include
appointment of the committee members. Furthermore, although Sec. 9 of the Charter states that
"...all powers of the city and the determination of all matters of policy shall be vested in the City
Commission... ", since it is provided otherwise in the Charter, specifically Sec. 8, for the mayor
to appoint committees, I see no conflict between Sec. 8 and Sec. 9 of the Charter.
I hope the above opinion accurately responds to the questions - you have raised. I will be more
than happy to discuss the above opinion further with you or any other members of the City
Commission.
Cc: Mayor and Commissioners
City Manager
City Clerk
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