Loading...
10-06-25 CharterThe City of Boynton Beach Charter Review Committee Agenda Monday, October 6, 2025, 6:00 PM 100 E. Ocean Avenue Boynton Beach, FL 33435 Boynton Beach Charter Review Committee Daniel Dugger, City Manager Shawna Lamb, City Attorney Maylee De Jesus, City Clerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www.boynton-beach.org 1 1.Call to Order 2.Approval of Minutes A.Charter Review Meeting Minutes 3.Discussion Items A.Discussion of Charter Review Proposed Amendments. 4.Public Comments 5.Adjournment Approve the minutes from the September 25, 2025 Charter Review Committee Meetings. Committee Members to discussion of Charter Review Proposed Amendments. 2 City of Boynton Beach Agenda Item Request Form 2.A Approval of Minutes 10/ 6/2025 Meeting Date: 10/ 6/2025 Charter Review Meeting Minutes Requested Action: Approve the minutes from the September 25, 2025 Charter Review Committee Meetings. Account Line Item and Description: NA Fiscal Impact: NA Attachments: Charter 9-25-25.pdf 3 4 5 6 7 8 Proposed Preamble The citizens of the City of Boynton Beach, in order to protect the general health, welfare, and safety of its residents, promote honest, efficient and responsive government, hereby adopt a revised City Charter in accordance with the Constitution and Statutes of the State of Florida. 1 ORDINANCE NO. 25- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 4 SUBMITTING TO REFERENDUM AMENDMENTS TO THE CITY 5 CHARTER; AMENDING SECTIONS 8, 20, 22, 23, 24, 40, 50, 52, 54, AND 6 55 TO MODERNIZE LANGUAGE BY REPLACING MASCULINE 7 PRONOUNS WITH GENDER -NEUTRAL LANGUAGE AND TO UPDATE 8 NOTICE AND PUBLICATION REQUIREMENTS TO COMPLY WITH 9 CURRENT FLORIDA STATUTES AND DIGITAL -AGE COMMUNICATION 10 PRACTICES; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF 11 THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE 12 WITH THE STATE OF FLORIDA ELECTION CODE; PROVIDING THAT 13 THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE 14 QUALIFIED ELECTORS OF THE CITY OF BOYNTON BEACH, FLORIDA, 15 ON THE MARCH 2026 GENERAL MUNICIPAL ELECTION BALLOT AND 16 SHALL BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR 17 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 18 19 WHEREAS, Chapter 166, Florida Statutes, as amended, provides for a methodology of 20 Charter amendments supplementary to and not in conflict with the Chanter of the City of Boynton 21 Beach ("City"); and 22 WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment 23 may be submitted to a referendum vote by the City Commission through the adoption of an 24 Ordinance calling for such a referendum election; and 25 WHEREAS, the City Commission has determined that it is in the best interest of the City 26 to modernize the Charter language to terms that are inclusive of all persons regardless of gender 27 and to update notice and publication requirements to comply with current Florida statutes and 28 digital -age communication practices; and 08.17.25 (IG) Page 1 of 10 CODING: Words in she 4waug type are deletions from existing law; Words in underlined type are additions. 29 WHEREAS, the City Commission has publicly reviewed, considered, and directed that this 30 Ordinance be prepared and that the appropriate Charter Referendum question be included 31 herein and submitted to the qualified electors of the City of Boynton Beach, Florida, at the March 32 2026 General Municipal Election. 33 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 34 BOYNTON BEACH, FLORIDA: 35 Section 1: The foregoing "WHEREAS" clauses are hereby ratified as being true and 36 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 37 Section 2: The City Charter is hereby revised to read as follows: 38 SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED 39 HEREIN BY REFERENCE 40 Section 3: The Ballot Title shall be as follows: 41 AMENDMENT TO CITY CHARTER — MODERNIZE LANGUAGE 42 AND NOTICE REQUIREMENTS 43 Section 4: The following question shall be placed on the ballot for consideration by 44 the qualified electors of the City of Boynton Beach, Florida, at the March 2026, General Municipal 45 Election in Palm Beach County, Florida. The election ballot question shall read as follows: 46 Shall the City Charter be amended to: (1) modernize language by replacing outdated 47 masculine pronouns with gender -neutral language; and (2) update notice and 48 publication requirements to comply with current Florida law and include digital 49 communication methods? 08.17.25 (IG) Page 2 of 10 CODING: Words in strife 4woug type are deletions from existing law; Words in underlined type are additions. 50 YES NO 51 52 Section S: That should a majority of electors voting on the above -referenced 53 referendum election vote "YES," thereby approving the above ballot issue, the revised charter 54 language shall become a part of the Charter of the City of Boynton Beach, Florida. 55 Section 6: That the City Clerk is hereby directed to ensure that the appropriate 56 numbers and/or letters are affixed to the Articles and Sections of the Charter in order to conform 57 the Charter to the amendments if approved. 58 Section 7: The City Clerk of the City of Boynton Beach is hereby authorized and 59 directed to advertise the referendum election contemplated herein in accordance with the State 60 of Florida Election Code, as well as the City's Charter and Code of Ordinances. 61 Section 8: All Ordinance or parts of Ordinance in conflict herewith, be and the same 62 are repealed to the extent of such conflict. 63 Section 9: If any clause, section or other part of this Ordinance shall be held by any 64 court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid 65 part shall be considered as eliminated and in no way affecting the validity of the other provisions 66 of this Ordinance. 67 Section 10: This Ordinance shall become effective immediately upon execution by all 68 parties. 08.17.25 (IG) Page 3 of 10 CODING: Words in strike difaugk type are deletions from existing law; Words in underlined type are additions. 69 Section 11: Effective Date of Proposed Charter Amendments. The Proposed Charter 7o Amendments will take effect upon the affirmative vote of a majority of those electors voting in 71 the March , 2026 election in the City of Boynton Beach. 72 73 (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 08.17.25 (1G) Page 4 of 10 CODING: Words in lett type are deletions from existing law; Words in underlined type are additions. 74 FIRST READING this day of 2025. 75 SECOND, FINAL READING AND PASSAGE this day of 2025. 76 CITY OF BOYNTON BEACH, FLORIDA 77 78 79 80 81 82 83 84 85 86 87 88 89 90 ATTEST: 91 92 93 Maylee DeJesus, MMC 94 City Clerk 95 96 97 (Corporate Seal) 98 99 100 101 102 Mayor — Rebecca Shelton Vice Mayor — Woodrow L. Hay Commissioner —Aimee Kelley Commissioner — Angela Cruz Commissioner — Thomas Turkin VOTE Rebecca Shelton Mayor APPROVED AS TO FORM: Shawna G. Lamb City Attorney YES NO 08.17.25 (IG) Page 5 of 10 CODING: Words in stAe flifoug type are deletions from existing law; Words in underlined type are additions. EXHIBIT "A" 1 Sec. 8. Frequency, date of regular meetings; special meetings; rules of procedure. 2 (a) The Commission shall hold its meetings as the Commission deems necessary. Should any 3 scheduled City Commission meeting fall upon a date on which any national, state, county or 4 municipal election is held, said City Commission meeting should be deferred until the next regular 5 working day. 6 (b) The Mayor, or any three (3) members of the City Commission may call special meetings of the 7 City Commission, upon written notice to each member served personally or left at the usual place s of residence or by electronic delivery to the member's designated email address. Notice of all 9 special meetings shall also be Rrovided to the public in accordance with Florida Statutes Cha ter 10 286. All regular and special meetings of the City Commission shall be open to the public. The City 11 Commission shall determine its own rules and order of business. 12 ... 13 Sec. 20. General provisions. 14 (a) Administrative officers, departments and agencies. The government of the City shall be carried 15 on by the Mayor and City Commission. The City Commission shall appoint a City Manager, who 16 shall serve as the City's Chief Executive Officer, and a City Attorney, both of whom shall serve at 17 the pleasure of the City Commission. There shall also be such other departments and agencies as 1s may be established from time to time by ordinance and as may be prescribed by ordinances adopted 19 by the City Commission. All other city employees shall be hired, appointed and discharged by the 20 City Manager, with only the appointment or discharge of Assistant City Managers subject to 21 confirmation by the City Commission. 22 (b) Supervision by City Manager. Each department, office and agency under the direction and 23 supervision of the City Manager shall be administered by an officer appointed by and subject to 24 the direction and supervision of the City Manager. With the consent of Commission, the City 25 Manager may serve as the head of one or more such departments, offices or agencies or may 26 appoint one person as the head of two or more of them or may combine the functions of any offices 27 specified in this Charter which may be appointed by him the City Manager. 28 (c) Commission/Manager integration with administration. The City Commission or its members 29 shall deal with city officers and employees who are subject to the direction and supervision of the 30 City Manager solely through the Manager, when such dealings involve giving orders or making 31 requests for services to any such officer or employee. All employees and officers shall be permitted 32 to provide information to any Commissioner or member of the public upon request. Created: 2025-06-13 12:18:45 [EST] (Republication) Page 6 of 10 33 ... 34 Sec. 22. City Attorney ---Appointment, term, function. 35 The City Commission may appoint a lawyer, admitted to practice in the courts of this State, as 36 City Attorney, who shall hold office during the pleasure of the Commission, and act as the legal 37 advisor to, and attorney and counselor for, the Municipality and all of its officers in matters relating 38 to their official duties. 39 Sec. 23. City Attorney ---Duties. 4o The City Attorney, shall, when requested by the City Commission, prepare all contracts, bonds, 41 and other instruments in writing in which the municipality is concerned, or shall endorse on each 42 his the City Attorney's approval of the form, language and execution thereof, and no contract with 43 the municipality shall be binding upon the municipality until his such approval is so endorsed 44 thereon. When required by the Commission, he the City Attorney shall prosecute and defend, for 45 and in behalf of the City, all complaints, suits and controversies in which the City is a party. He 46 The City Attorney shall furnish the Commission, or the City Clerk, his a written opinion on any 47 question of law relating to their respective powers and duties; and he the City Attorney shall 48 perform such other professional duties as may be required ef him by ordinance or resolution of the 49 Commission or by this Charter, or such as are prescribed for City Attorneys under the general laws 50 of the State, not inconsistent with this Charter. 51 Sec. 24. City Attorney ---Compensation. 52 The City Commission may, from time to time, fix the regular compensation of the City Attorney 53 at a sum commensurate with the duties which may be imposed open him upon the City Attorney 54 by this Charter and by the Commission; provided, that all special or unusual services required of 55 the City Attorney, the fee for which is not otherwise prescribed, may be specially compensated as 56 the Commission may see fit to provide. 57 ... 58 Sec. 40. Call by City Commission, publication of proclamation; qualification of candidates, 59 filing by candidates with City Clerk; notification of Supervisor of Elections. 6o All general and special elections, unless otherwise provided in this Aet Charter, shall be called by 61 resolution adopted by the City Commission, and in conformance with applicable state law, and 62 p4lishedi , 63 t . (2) - -- o -t_ o eek and stieh eleetion that fflay be held " n such „t; notice shall 64 be provided as follows: (1) published in a newspaper of general circulation in Palm Beach County, 65 Florida in accordance with Florida Statutes Chapter 50 for the time period required by applicable licable Created: 2025-06-13 12:18:45 [EST] (Republication) Page 7 of 10 66 state law, or (2) posted continuously on the City's official website and (33,) if no qualif g 67 newsl2al2er existsposted in at least five 5 conspicuous ublic places within the City.. 68 Candidates for City Commission shall file such papers and pay such fees as may be required by 69 law with the City Clerk no sooner than noon on the second Tuesday of November nor later than 7o noon on the fourth Tuesday in November, of the year in which the election is to be held. The City 71 Clerk shall transmit the names of all candidates for City Commission to the Supervisor of Elections 72 by 5:00 p.m. on the first Friday business day after the close of qualifying. 73 ... 74 Sec. 50. Initiative petition of proposed ordinances ---Required signatures, etc. 75 Any proposed ordinance, including ordinances for repeal of ordinances then in effect or which 76 have been enacted but not yet effective, may be submitted to the City Commission by a petition, 77 signed by at least twenty-five percent of the total number of registered voters in the City. All 78 petitions circulated with respect to any proposed ordinance shall be uniform in character, shall 79 contain the proposed ordinance in full and shall have printed or written thereon the names of five 8o electors who shall be officially regarded as filing the petition, and shall constitute a committee of 81 the petitioners for purposes hereinafter named. Each signer of the petition shall sign his their name 82 in ink or indelible pencil and shall place on the petition opposite his their name the date of his their 83 signature. The signatures of any such petition need not be appended to one paper, but to each such 84 paper shall be attached an affidavit by the circulator thereof, stating the number of signers to such 85 part of the petition and that each signature appended to the paper is the genuine signature of the 86 person whose name it purports to be, and that it was made in the presence of the affiant on the date 87 indicated. 88 ... 89 Sec. 52. Initiative Petition ---Action of City Commission; referendum. 90 The City Commission shall at once proceed to consider such petition and shall take final action 91 thereon within thirty days after the date of submission. If the City Commission rejects any of the 92 provisions of the proposed ordinance, as set forth in the petition, the City Clerk shall at once cause 93 notice of the filing of such petition and the refusal of the City Commission to pass said ordinance 94 to b published in a fiewspaper- of ge efal . ulati ,,, p,,l.,lishe 7 in the ! ity of Beyftt ,,.. Beach to 95 be provided as follows: (1published in a newspaper of general circulation in Palm Beach County_, 96 Florida in accordance with Florida Statutes Chapter 50: or 2posted on the City's official website,• 97 and (3) if no qualifying newspaper exists, posted in at least five (5) conspicuous public places 98 within the City, and the City Commission shall at once proceed to submit the passage of the 99 ordinance to the majority vote of the qualified electors of the City voting in such election. If a loo regular or special election is to be held in the City not earlier than thirty days, nor later than sixty 101 days, the ordinance shall be submitted to the voters at such election; otherwise an election shall be Created: 2025-06-13 12:18:45 [EST] (Republication) Page 8 of 10 102 called for such submission. At least ten days before such election the City Clerk shall cause te-he 103 the text of the ordinance to 104 be provided as follows: (1)published in a newspaper of general circulation in Palm Beach County, 105 Florida; (2) posted on the City's official website: and (,3) made available for public inspection at 106 City Hall during; normal business hours. 107 Sec. 54. Initiative Petition ---Form of referendum ballot. 108 Referendum elections shall be provided for in the same manner as other elections of the City. The log ballot shall be a piece of plain white paper which shall have printed upon it the title of the ordinance 110 to be referred, below which shall be two lines in the following form: 111 112 FOR THE ORDINANCE 113 114 115 AGAINST THE ORDINANCE 116 112 The voter shall express himsel themselves by placing a cross X mark to the right of the line 118 indicating his their desire in the matter. 119 Sec. 55. Initiative Petition ---Vote required to amend or repeal. 120 Ordinances adopted by referendum vote can be amended or repealed only by a referendum vote, 121 but the proposition to amend or repeal such ordinances may be submitted to the voters in any 122 regular election of the City, provided that no later than fifteen thirty days before such election the 123 City Commission shall cause ,,otiee of .,,,,.i., r -of reiiee to be ptiblished in a newspaper of gefie-a4 124 „'atie., piiblished it the City of Beyn4eBeau,, Fiend notice of such reference to be provided 125 as follows: (1) published in a newspaper of general circulation in Palm Beach County. Florida. in 126 accordance with Florida Statutes Chapter 50, (2) posted on the City's official website; and (3) if 122 no qualifying newspaper exists, posted in at least five (5) conspicuous public places within the 128 City, using only the title of such ordinance in the notice if it is to be repealed, but the amendment 129 in full if it is to be amended. Said nefiee to be pested in tkee p,.1 lie plaees if there be ne newspape 130 i3;ublished i the r;t„ Created: 2025-06-13 12:15:45 [EST] (Republication) Page 9 of 10 Created: 2025-06-13 12:18:45 [EST] (Republication) Page 10 of 10