Loading...
The Commission may determine the annual salary of the Commission members by ordinance, but no ordinance increasing such salary shall become effective until the date of a commencement of the terms of the Commission members elected at the next regular election, provided that such election follows the adoption of such ordinance by at least six months. Any increase in compensation to Commission members or the Mayor shall be subject to a limitation whereby such compensation shall not be increased by more than twenty-five (25) percent in one calendar year. Nothing in this paragraph shall limit the right of any Commission member or the Mayor to be reimbursed for expenses actually incurred by him, with Commission approval, while performing duties on behalf of the City.
(Adopted by electorate, 3-13-84; Amendment adopted by electorate, 11-7-06)
(a) Appointment and removals. Neither the Commission nor any of its members shall in any manner dictate the appointment or removal of any City administrative officers or employees whom the Manager or any of his subordinates are empowered to appoint, but the Commission may express its views and fully and freely discuss with the Manager anything pertaining to appointment and removal of such officers and employees.
(b) Interference with administration. Except for the purpose of inquiries and investigations, the Commission or its members shall deal with City officers and employees who are subject to the direction and supervision of the Manager solely through the Manager, and neither the Commission nor its members shall give orders to any such officer or employee, either publicly or privately. Nothing in the foregoing is to be construed to prohibit individual members of the Commission from closely scrutinizing by question and personal observation, all aspects of City government operations so as to obtain independent information to assist the members in the formulation of sound policies to be considered by the Commission. It is the express intent of this provision, however, that such inquiry shall not interfere directly with the ordinary municipal operations of the City, and that recommendations for change or improvement in City government operations be made through the City Manager.
(c) Holding other office. No former elected City official shall hold any compensated appointed City office or employment until one (1) year after the expiration of the term for which he was elected.
(Adopted by electorate, 3-13-84; Amendment adopted by electorate, 11-7-06)
Every officer of the City, whether elected or appointed under the provisions of this Charter, or under any ordinance of the City, shall, before assuming the duties of his office, take and subscribe, before some judicial officer, duly qualified elected official or notary of this State, the following oath:
“I do solemnly swear (or affirm) that I will support, protect, and defend the constitution and government of the United States and of the State of Florida and the Charter and ordinances of the City of Pembroke Pines; that I am duly qualified to hold office under the constitution of the State; and that I will well and faithfully perform the duties of (title of office) on which I am now about to enter. So help me God.”
(Adopted by electorate, 3-13-84; Amendment adopted by electorate, 11-7-06; Amendment adopted by electorate, 11-6-12)
a. Vacancies. The office of a Commission member shall become vacant upon his death, resignation, removal from office in any manner authorized by law or forfeiture of his office, such forfeiture to be declared by the remaining members of the Commission.
b. Forfeiture of office. A Commissioner shall forfeit his office if said person, (a) lacks any qualifications for the office prescribed by this Charter or other applicable law including § 100.361, Florida Statutes, (1989) as may be amended from time to time; or (b) is convicted of a felony while in office, or (c) fails to attend four consecutive regular meetings of the Commission, unless such absences are each excused by motion setting forth the reason for the absence duly entered upon the minutes or (d) having been elected or appointed from an election district fails to reside within the election district from which he was elected or appointed for any reason other than redistricting.
c. Forfeiture hearing. A member charged with conduct constituting grounds for forfeiture of his office shall be entitled to a Public Hearing on demand and notice of such hearing shall be published in one or more newspapers of general circulation in the City at least one week in advance of the hearing.
d. Filling of vacancies. Unless otherwise provided by law, if a vacancy occurs on the City Commission, the remaining members of the City Commission may, by majority vote, appoint a qualified individual to fill the vacancy on an interim basis. The City Commission shall adopt a resolution setting forth the process of appointing an interim member of the City Commission pursuant to this section.
(1) Appointment. If there are less than one hundred eighty (180) days before the next municipal election, then the interim Commission member appointed to fill the vacancy shall serve until the next municipal election. If there are more than one hundred eighty days before the next municipal election, then the City Commission shall conduct a special election to fill the vacancy. The special election shall take place as soon as practicable, but no more than one hundred eighty (180) days from the date that the vacancy occurred. The individual elected to fill the vacancy at either the next municipal election or a special election called for that purpose shall only serve the unexpired term of the City Commission member whose position became vacant.
(3) In the event of a vacancy in the position of Mayor, the Vice Mayor shall forthwith commence to serve as acting Mayor until the Mayor’s position is filled pursuant to this section. When the Vice Mayor becomes acting Mayor, the remaining members of the City Commission shall appoint a qualified individual from the Vice Mayor's district to serve as interim Commissioner. Once the vacancy in the position of Mayor is filled, the Vice Mayor shall return to his or her district position and the individual appointed to serve as interim Commissioner shall be removed from office. The Vice Mayor-designate shall serve as Vice Mayor when the Vice Mayor becomes acting Mayor.
(4) In the event of the death, resignation, or removal of the Vice Mayor, the Commission shall, by majority vote, elect one (1) of the Commissioners to serve as Vice Mayor.
e. Extraordinary vacancies. In the event that a majority of the members of the Council are removed by death, disability, law or forfeiture of office, the governor shall make interim Commission appointments and the Commission shall call a special election as provided in d. above and such election shall be held in the same manner as the election held pursuant to the previous City Charter.
(Adopted by electorate, 3-13-84; Amendment adopted by electorate, 3-13-90; Amendment adopted by electorate, 3-10-92; Amendment adopted by electorate, 9-1-98; Amendment adopted by electorate, 11-7-06; Amendment adopted by electorate, 11-6-12)
(1) Form. Each ordinance or resolution shall be introduced in writing and shall embrace one subject and matters properly connected therewith. The subject shall be clearly stated in the title. No ordinance shall be revised or amended by reference to its title only. Ordinances to revise or amend shall set out in full the revised or amended act, section, subsection, or paragraph of a section or subsection.
(2) Procedure. The procedure for the adoption of ordinances shall be as set forth in Section 166.041, F.S., as may be amended from time to time.
(3) Action requiring an ordinance. In addition to other acts required by law or by specific provision of this Charter to be done by ordinance, those acts of the City Commission shall be by ordinance which:
(a) Establish, alter, or abolish any city department or agency.
(b) Establish a rule or regulation the violation of which carries a penalty.
(c) Levy taxes authorized by general law.
(d) Grant, renew or extend a franchise.
(e) Authorize the borrowing of money not inconsistent with the limitations in the constitution and general law of the state.
(f) Convey or lease or authorize by administrative action the conveyance or lease of any lands of the City.
(g) Amend or repeal any ordinance previously adopted, except as otherwise provided in Article VII, Section 7.09(3), with respect to the repeal of ordinances reconsidered under the referendum power.
(Adopted by electorate, 11-7-06; Amendment adopted by electorate, 11-6-12)
To meet a public emergency affecting life, health, property, or the public peace, the City Commission may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew, or extend a franchise, set service or user charges for any municipal services or authorize the borrowing of money except as provided under the emergency appropriations provision of this charter.
(1) Form. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated in a preamble as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms.
(2) Procedure. An emergency ordinance may be adopted in accordance with the procedure set forth in Section 166.041, F.S., as may be amended from time to time.
(3) Effective date. Emergency ordinances shall become effective upon adoption or at such other date as may be specified in the ordinance.
(Adopted by electorate, 11-7-06; Amendment adopted by electorate, 11-6-12)
Loading...