Agenda Item 10BMailing Address:
Post Office Box 50457
Jacksonville Beach, FL 32240 -0457
TO:
FROM:
RE:
DATE:
ALAN C. JENSEN
Attorney at Law
935 North Third Street
Jacksonville Beach, Florida 32250
MEMORANDUM
Mayor and City Commissioners
City of Atlantic Beach
Alan C. Jensen, Esq., City Attorney
AGENDA ITEM # l OB
JULY 23, 2012
Telephone: (904) 246 -2500
Facsimile: (904) 246 -9960 (call first)
E -Mail: Alan @AJensenLaw.com
Excused Absences From Regular Meetings of the City Commission
July 12, 2012
Sec. 6 of the Atlantic Beach Charter provides in part that "...absence from four consecutive regular
meetings of the city commission shall operate to vacate the seat of a member, unless the member's
absence is excused by the city commission by a resolution setting forth the fact of such excuse duly
entered upon the minutes." There is nothing else either in the Charter or the Code of Ordinances
addressing absences from City Commission meetings.
Sec. 6 of the Charter is clear that a member's absence must be excused by the City Commission.
This is also reaffirmed in Sec. 15 of the Charter, which states in part "... [T]he city commission shall
be the judge of the election and the qualifications of its members as set forth in Sec. 6 of this
Charter."
Also, Sec. 16 of the Charter states that the City Commission shall determine its own rules and order
of business. Since there is no rule or procedure in either the Charter or the Code for obtaining an
excused absence from a City Commission meeting, it is suggested that Sec. 2 -19 of the Code be
amended to add Rule 27, with the following language suggested for said rule:
"(27) Rule 27. It shall be the duty of a city commissioner who will be
absent from a regular city commission meeting to notify the city clerk and the mayor
of any anticipated absence from a regular city commission meeting. Said notice
shall be provided to the city clerk and the mayor by e -mail as far in advance of the
meeting as possible, so that if the request is for an excused absence, it can be placed
on the agenda, if possible, and voted on by the members in attendance at said
meeting. Any request for an excused absence shall briefly state the reasons why the
excused absence is being requested."
AGENDA ITEM # I OB
JULY 23, 2012
Mayor and City Commissioners
July 12, 2012
Page 2
If the City Commission desires to proceed with establishing a procedure for obtaining an excused
absence from regular City Commission meetings, similar to that set forth above, please provide
direction to the City Attorney so that an appropriate ordinance can be prepared, if necessary.
Cc: City Manager
City Clerk
:sky