§ 5. Village council.

(1)

Village council; composition; qualifications of council members.

(a)

There shall be a five-member village council, consisting of council members each elected from and representing the village at large.

(b)

There shall be five separate council seats to be designated as Seat 1, Seat 2, Seat 3, Seat 4, and Seat 5. Candidates must qualify for council elections by seat, and the councilmembers elected to those seats shall hold Seats 1 through 5 respectively.

(c)

To qualify for office:

1.

Each candidate for the office of village council shall be a registered voter in the State of Florida and a resident of the village.

2.

At the time of qualification, each candidate for a council seat shall reside within the boundaries of the village and, if elected, shall maintain such residency throughout his or her term of office. For the initial election, following the referendum approving the creating of the village, candidates for office shall qualify as provided in section 9(2). Thereafter, candidates shall qualify as provided in section 8(3).

(2)

Term of office. The term of office for councilmembers shall be two years. Each councilmember shall remain in office until a successor is elected and assumes the duties of the position, except as otherwise provided herein. No councilmember shall serve more than eight consecutive years in office.

(3)

The mayor; powers and duties.

(a)

The village council, at its first regular meeting after the fourth Tuesday of each November, shall elect from its membership a mayor and vice-mayor who shall serve at the pleasure of the village council and who shall have the same legislative powers and duties as any other councilmember, except as provided in paragraph (b). Notwithstanding the foregoing provisions, the election of the Mayor and Vice Mayor in a year in which there is a Village Council election, shall occur at the first regular Council meeting after the election certification has been conducted and approved by the Village's Canvassing Board.

(b)

In addition to carrying out the regular duties under paragraph (a), the mayor shall preside at the meetings of the council and shall be recognized as the head of village government for service of process, ceremonial matters, and the signature or execution of ordinances, contracts, deeds, bonds, and other instruments and documents. The mayor shall have no administrative duties other than those necessary to accomplish these actions, or such other actions as may be authorized by the village council, consistent with general or special law.

(4)

The vice-mayor. The vice-mayor shall serve as acting mayor during the absence of disability of the mayor. In the absence of the mayor and the vice-mayor, the remaining councilmember[s] shall select a councilmember to serve as acting mayor.

(5)

Compensation and expenses. Village councilmembers shall initially be compensated at the rate of $300 per month, and shall be entitled to receive reimbursement in accordance with Florida Statutes for authorized travel and per diem expenses incurred in the performance of their official duties. The village council, by not less than four affirmative votes, may elect to provide for an increase in compensation by ordinance. However, no such ordinance establishing or increasing compensation shall take effect until approved by a majority of the village electors at the next regular election which follows the adoption of said ordinance.

(6)

General powers and duties of council. Except as otherwise prescribed herein or provided by law, legislative and police powers of the village shall be vested in the council. The council shall provide for the exercise of its powers and for the performance of all duties and obligations imposed on the village by law.

(7)

Vacancies; forfeitures of office; suspension; filling of vacancies.

(a)

Vacancies. A vacancy in the office of a councilmember shall occur upon the death of the incumbent, removal from office as authorized by law, resignation, appointment to other public office which creates dual office holding, judicially determined incompetency, or forfeiture of office as described in paragraph (b).

(b)

Forfeiture of office. A councilmember shall forfeit his or her office upon determination by the council, acting as a body, at a duly noticed public meeting that he or she:

1.

Lacks at any time, or fails to maintain during his or her term of office, any qualification for the office prescribed by this charter or otherwise required by law;

2.

Is convicted of a felony, or enters a plea of guilty or nolo contendere to a crime punishable as a felony, even if adjudication is withheld;

3.

Is convicted of a first degree misdemeanor arising directly out of his or her official conduct or duties, or enters a plea of guilty or nolo contendere thereto, even if adjudication of guilt has been withheld;

4.

Is found to have violated any standard of conduct or code of ethics established by law for public officials and has been suspended from office by the Governor, unless subsequently reinstated as provided by law; or

5.

Is absent from three consecutive regular council meetings without justifiable reason, or for any other reason established in this charter.

(c)

Suspension from office. A councilmember shall be suspended from office upon return of an indictment or issuance of any information charging the councilmember with any crime which is punishable as a felony or with any crime arising out of his or her official duties which is punishable as a first degree misdemeanor. Pursuant thereto:

1.

During the period of suspension, the councilmember shall not perform any official act, duty, or function, or receive any pay, allowance, emolument, or privilege of office.

2.

If the councilmember is subsequently found not guilty of the charge, or if the charge is otherwise dismissed, reduced, or altered in such a manner that suspension would no longer be required as provided herein, the suspension shall be lifted and the councilmember shall be entitled to receive full back pay and such other emoluments or allowances as he or she would have been entitled to had the suspension not occurred.

(d)

Filling of vacancies.

1.

If a vacancy occurs in the office of mayor, the vice-mayor shall serve as mayor until a new mayor is elected as provided in paragraph (3)(a) and assumes the duties of his or her office.

2.

If any vacancy occurs in the office of any councilmember and the remainder of the unexpired term is less than 50 percent, the remaining councilmembers shall, within 30 days following the occurrence of such vacancy, by majority vote, appoint a person to fill the vacancy for the remainder of the unexpired term. If, however, the remainder of the unexpired term is equal to or exceeds 50 percent, the remaining councilmembers shall, within 30 days following the occurrence of such vacancy, by majority vote, appoint a person to fill the vacancy until the next regularly scheduled village election.

3.

Any person appointed to fill a vacant seat on the council shall be required to meet the qualifications of the seat to which he or she is appointed.

State Law reference— Charter or ordinance to provide for method of filling vacancies, F.S. § 166.031(6).

(8)

Village council meetings. The council shall conduct regular meetings at such times and places as the council shall prescribe by resolution. Such meetings shall be public meetings within the meaning of F.S. § 286.011, and shall be subject to notice and other requirements of law applicable to public meetings. Pursuant thereto:

(a)

Special meetings may be held at the call of the mayor, or in his or her absence, at the call of the vice-mayor. Special meetings may also be called upon the request of a majority of the councilmembers. Unless of an emergency nature, the person or persons calling such a meeting shall provide not less than 72 hours' prior notice of the meeting to the public.

(b)

Elected or reelected councilmembers shall be inducted into office at the first regularly scheduled meeting following certification of their election.

(c)

A majority of the council shall constitute a quorum. No action of the council shall be valid unless adopted by an affirmative vote of the majority of the councilmembers in attendance, unless otherwise provided by law. All actions of the village council shall be by ordinance, resolution, or motion.

(9)

Village records. The council shall, in a properly indexed book kept for the purpose, provide for the authentication and recording in full of all minutes of meetings, and all ordinances and resolutions adopted by the council, and the same shall at all times be a public record. The council shall further maintain a current codification of all ordinances. Such codification shall be printed and shall be made available for distribution to the public on a continuing basis. All ordinances or resolutions of the council shall be signed by the mayor, or vice-mayor in the absence or disability of the mayor, or by the acting mayor in the absence or disability of both the mayor and the vice-mayor, and attested to by the village clerk.

(10)

Adoption of codes. The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance and may amend the code in the adopting ordinance or later amendatory ordinance. The procedures and requirements governing such an adoption ordinance shall be prescribed for ordinances generally, except that:

(a)

Requirements regarding distribution and filing of copies of the ordinance shall not be construed to require distribution and filing of copies of the adopted code of technical regulations, except as provided in paragraph (b).

(b)

A copy of each adopted code of technical regulations, as well as of the adoptive ordinance, shall be authenticated and recorded by the village clerk.

State Law reference— Ordinance adoption procedures, F.S. § 166.041.

(11)

Limitation of employment of councilmembers. No councilmember shall be in the employment of the village while in office, nor shall any former councilmember be employed by the village until after the expiration of one year from the time of leaving office.

(12)

Noninterference by village council. Except for the purposes of inquiry and information, the council and its members including committees thereof, are expressly prohibited from interfering with the performance of the duties of any employee of the village government who is under the direct or indirect supervision of the village manager or village attorney. Such action shall be malfeasance within the meaning of F.S. §§ 112.317, 112.51.

(Ord. No. 03-13, § 3, 12-11-2003; Ord. No. 03-14, § 2, 12-11-2003, referendum 3-9-2004; Ord. No. 07-02, § 2, 2-8-2007, referendum 5-15-2007; Ord. No. 08-03, § 3, 6-26-2008; Ord. No. 10-09, § 2, 6-14-2010, referendum 11-2-2010; Ord. No. 11-15, § 2, 6-23-2011; Ord. No. 11-19, 9-8-2011, referendum 1-31-2012)