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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 sky