Here’s The Scoop…Past Proposal For LBTS Police …#2…The Committee….The Correspondence…The Referendum….
July 9, 2009 by Barbara
PROPOSED ELECTORAL ORDINANCE….
Dear Readers…Not having been in town in 2001…I had to seek out the answers for how those who we hear now are actively pursuing a return to the LBTS -McIntee Police Department responded when the shoe was on the other foot and the Town Manager and Commission were in favor of switching to the BSO…
PART 2….
Previously posted was the Jan 29,2001 letter from CAC Chair Crisitie Furth …concerning a meeting held with members and dealing with the change of public safety provider to the town…
THE CORRESPONDENCE….
January 25, 2001
James A. Cherof, Esq.
Re: Lauderdale-By-The- Sea Proposed Electoral Ordinance
Dear Mr. Cherof:
The LBS POLICE REFERENDUM COMMITTEE has been formed, and its organizational documents were filed today with the TOWN CLERK, Lauderdale-By-The-Sea. A copy of those documents are enclosed for your file or reference.
The Committee has retained me to draft a proposed electoral ordinance under Section 44 of the Town Charter, and, if necessary, the follow- up initiative petition.
Section 49 requires the town attorney to approve the form of the ordinance, and if necessary to draft the ordinance in proper legal language, if called upon so to do.
Accordingly, I enclose for your approval the proposed ordinance and petition for the adoption thereof.
Please advise by telephone approximately when I can expect your approval, or comments necessary to amend the ordinance and petition to meet your requirements.
Thank you for your attention to this matter.
Very truly yours, M. Ross Shulmister
February 8,2001..Excerpts…
M. Ross Shulmister, Esquire
Re: Lauderdale-By-The-Sea Proposed Electoral Ordinance
Dear Ross:
‘I am in receipt of your letter of January 25,2001, which which enclosed a proposed electoral ordinance amending Section 15-26 and 15-27 of the Town Code of Ordinances. You correctly note that Section 44 of the Charter requires that I, as Town Attorney, draft a proposed ordinance in proper form when a petition to do so is presented to me properly signed by ten (10) electors,yet I am unable to proceed for the following reasons:
Section 44 of the Charter, Petition for Proposed Ordinance sets forth the procedural steps necessary for submitting a proposed ordinance of the Town Commission. I interpret Section 44 as setting forth six (6) preliminary steps:(they are presented)
Although I am duty bound by Section 44 of the Charter to draft the ordinance in proper form, I am also duty bound to follow the procedural requirements set forth in the Charter. A condition precedent to my review has not yet occurred. The petition/proposed ordinance that you have drafted comes to me without being signed by ten (10) electors. I am under no legal duty to review the proposed ordinance at this time.
As I indicated to you during our telephone conversation, I have reservations about the legality of a proposed ordinance which would restrict the own Commission’s powers under the Municipal Rules Electoral Powers Act(“ACT”).’
Atty. Cherof explained that he saw a conflict if an ordinance was enacted, although he added he had not fully researched it.
Atty. Cherof ended the letter stating did not want his reservations of the conflict to be “construed” as any “indication” that he had been “prejudiced” on the “merits of the petition” He added that had every “confidence” that Atty. Shulmister would address “those procedural and substantive concerns before resubmitting the petition.”
‘I look forward to working with you at that time.’
Very truly yours,
James A. Cherof
February 12,2001
James A. Cherof Esq.
RE: Lauderdale-By- The- Sea Proposed Electoral Ordinance
Dear Mr. Cherof:
The LBS POLICE REFERENDUM COMMITTEE has been formed and its organizational documents have been duly filed with the Town Clerk., Lauderdale-By-The- Sea. A copy of those documents has previously been furnished to you.
The Committee has retained me to draft the proposed electoral ordinance under Section 44 of the Town Charter, and if necessary, the follow-up initiative petition.
Section 49 requires the town attorney to approve the form of the ordinance, and if necessary to draft the ordinance in proper legal language, if called upon to do so.
Accordingly, and in accordance with your letter of February 8, 2001, I enclose for your approval a proposed ordinance and petition for the adoption thereof, duly executed by the ten persons who will be the designated filers, and ask on behalf of them and the Committee that you approve the form of the petition, and provide such changes to, or redraft of the proposed ordinance and petition, as may be necessary or appropriate to the validity thereof.
Please advise by telephone approximately when I can expect your approval, or comments necessary to amend the ordinance and petition to meet your requirements.
Thank you for your attention to this matter.
Very truly yours,
M. Ross Shulmister
Included was the POLICE DEPARTMENT REFERENDUM PETITION
We, the undersigned electors residing in the Town of Lauderdale-By-The-Sea under the authority of Article IV, Sections 44-50, of the Charter of Lauderdale-By-The-Sea, a Florida Municipality, hereby petition and propose an ordinance amending the Lauderdale-by-The-Sea Code to require that, except with respect to unincorporated areas annexed into the Town after January 1, 2000, the Town Commission first seek input from the electors of Lauderdale-By-The-Sea in the form of a non-binding referendum vote at a general or special election before voting as a commission on any action to abolish the Lauderdale-By-The-Sea Police Department or to merge the said department with any other organization or contract with any other organization to provide law enforcement services to the Town, and adopting this ordinance, the ordinance to be effective upon adoption.
The Ordinance we propose is as follows:
Ordinance No.____
TOWN OF LAUDERDALE-BY-THE-SEA
BROWARD COUNTY,FLORIDA
AN ORDINANCE CREATING SECTION 15-30 OF TH LAUDERDALE-BY-THE-SEA CODE; REQUIRING A NON-BINDING REFERENDUM BEFORE THE COMMISSION MAY ABOLISH THE TOWN POLICE DEPARTMENT, OR MERGE THE DEPARTMENT WITH ANOTHER ORGANIZATION FOR LAW ENFORCEMENT, OR CONTRACT WITH ANOTHER ORGANIZATION FOR LAW ENFORCEMENT SERVICES; EXEMPTING LAW ENFORCEMENT SERVICES TO UNINCORPORATED AREAS ANNEXED INTO TOWN AFTER JANUARY 1, 2000; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE
WHEREAS, the petition signed by ten percent (10%) of the qualified voters residing in the Town of Lauderdale-By-The-Sea has been submitted proposing this ordinance; and
WHEREAS, this ordinance has been introduced and thereafter notice of this ordinance, describing the ordinance to be adopted has been given publication in a newspaper of general circulation in the Town of Lauderdale-By-The-Sea once a week for two (2) consecutive weeks, notifying that all parties affected by this ordinance will be heard and setting the time and place of the meeting at which this ordinance was to be considered; and
WHEREAS, a public hearing was duly held pursuant to the public notice described above, at which hearing the parties in interest and all other citizens so desiring had an opportunity to be, and were in fact heard; and
WHEREAS, all other requirements of law precedent to the enactment of this ordinance have been met; now therefore
BE IT ENACTED BY THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA:
Included were 4 sections……stating the above… Sec.3-that if any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid provisions or application, and to this end the provisions of this ordinance are declared to be severable….Sec 4-This ordinance shall become effective upon enactment.
(Formalities to be appended by the Town Attorney)
Under the requirements of Section 44 of the Lauderdale-By-The-Sea Charter, the undersigned shall be regarded as having filled the petition and shall constitute the committee referred to in section 44 of the Lauderdale-By-The-Sea Charter, and the Committee shall be known as the “LBS POLICE REFERENDUM COMMITTEE”
JOSEPH ALFRED COURIEL
THOMAS W. CARR
LOUIS BARBARA
ARLEAN DAMURJIAN
CRISTIE J. FURTH
JOHN B. THOMPSON
JAMES D. HALEY
MARY ANN WARDLAW
ROBERT KARLEY
PAUL K. WINKLER
BC…We are told by one of those people involved that the Town Attorney delayed his response of the Feb. 2, 2001 letter….”until the Town’s contract with BSO had been signed, sealed and delivered and the issue had become moot!”
So Readers….Residents….Taxpayers….Voters…. as you watch who it is said is now spearheading the move back to the LBTS -McIntee Police Department…(if these growing rumors are indeed true)….ask them why they consider their actions today…in 2009….without the input or the will of the people correct….when it was not in 2001!…..
more to come….
