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Agenda Item 10AAGENDA ITEM # IOA FEBRUARY 13, 2012 TO: Mayor and City Commissioners FROM: Maria Mark, Mayor Pro Tern Oxd 4 v- -.j DATE: February 6, 2012 RE: City Commission Meeting — February 13, 2012 — Agenda Item Below is my proposed motion and reasons therefore. Motion: Motion to rescind the commission's action taken on Monday, January 23, 2012, regarding terminating the city attorney's contract without cause to be effective sixty (60) days from that date. Oasis: The commission's actions violated Atlantic Beach Code, specifically, Article II, Sec. 2 -19, Rule 26, which states, in part: The city commission may take action on a matter which ... has not been included on the agenda for their meeting, if such matter is declared to be an emergency by the affirmative votes of the majority of the members of the city commission (Emphasis added.) Commissioner Woods' original motion was not an agenda item and was not declared an "emergency" nor affirmatively voted on as such as required by aforementioned code. Therefore, all actions taken on such motion, including any amendments thereto, are null and void.