CDB - MEMO RE: NO CHAIR OR VICE CHAIR - 03/17/2015T R A 5 K
M E T Z &
DAIG N EAU LT
LLP
A T T 0 R N E Y S
MEMORANDUM
TO: Clearwater Community Development Board
CC: Sherry Watkins
FROM: Jay Daigneault, Esq.
DATE: March 3, 2015
RE: March meeting
Dear Board Members:
THOMAS J. TRASK, B.C:.S.*
ROBERT J. v1ETZ, JR.
JAY DAIGNEAULT
RANDY MORA
REGINA KARDASH
ERICA F. AUGELLO
Of Counse!
MARK W.BRANDT
+ Board Ce�•trfied by the F(oric�a Bur
in City. County and Local
Gorenrmenl L�t
As you know, the Board's former Chairperson, Frank Dame, is no longer on the Board as
the result of term limits. At its February l9, 2015 meeting, the Clearwater City Council declined
to re-appoint the Vice Chairperson, Norma Carlough, to a new term. Mary A. Lau and Christopher
Anuszkiewicz have been newly appointed to the Board. Accordingly, the Board is presently
without a Chairperson or Vice Chairperson for its March 17, 2015 meeting. This memorandum is
intended to assist you in preparing for the March meeting in light of this circumstance.
The Board's Rules of Procedures do not directly address this unusual factual scenario, but
they are not entirely without guidance. Article III, Section 2 provides that, in the event that the
Chairperson or Vice Chairperson is unable to complete his or her term, the Board must hold an
election to fill the vacant office unti( the next regular election of officers, which occurs in April.
Further, Article III, Section 3 requires the attending members of the Board to select a member to
preside at a meeting where both the chair and vice chair are absent. In short, the Board's rules
require that there be a presiding offcer and a relief presiding officer at its meetings, though they
are silent as to the manner in which this is accomplished.
In light of the above, the March meeting will proceed somewhat out of the ordinary. The
first agenda item will be "Call to Order." I will call the meeting to order. The second agenda item
will be "Election of Temporary Officers," or something similarly phrased. At that point, it will be
necessary for you to elect a Chairperson and Vice Chairperson amongst yourselves. These
appointments will be temporary as the Board is required to hold a regular election next month. The
Chairperson elected at this March meeting will preside over the regular election in April.
1001 South Fort Harrison Avenue_ Suite 201 • C'leanvater, Flonda �37�6 E-:Vlail of1'ic�!a�Undlawtinn com 'l�elephone 737-733-049d Fa� 727-733-2991
�1 l.fmiled Liabilin' Pm�mership
The procedure will be the same for both offices. You should frst elect a Chairperson, then
a Vice Chairperson. The Chairperson should be elected by first nominating either yourself or a
fellow Board member to the office. There is no need to second a nomination. I will repeat the
nomination. Nominations will continue until there are no more, at which time I will close the
nominations. If you are unable to serve if elected to either office, I would ask that you please state
so at the outset of the nominations for the respective offices. When the nominations are concluded,
I will ask for a verbal vote on the nominated individuals, taking them in the order of nomination.
The first candidate with a majority vote as defined by the Board's Rules is elected to the office.
Should you have any questions regarding this memorandum prior to the meeting on March
17, 2015, please do not hesitate to contact me at the office (727-733-0494) or by e-mail at
�dai ng eaul�tmdlawfirm.com. But, please do not discuss the matter amongst yourselves outside
of the meeting as this matter is one that must be conducted at an open meeting.
/s/ Jav Daigneault, Esc�
Attorney, Clearwater Community
Development Board