Broward County Commission Regular Meeting


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AI-28060 65.       
Meeting Date: 12/04/2018  
Director's Name: Steve Geller
Department: County Commission  

Information
Requested Action
MOTION TO DISCUSS Governor Rick Scott’s appointment of a new Broward County Supervisor of Elections and to direct the Office of the County Attorney to take any legal action necessary to ensure that the appointment process complies with applicable law. (Commissioner Geller)
 
ACTION:  (T-6:08 PM)  Following discussion, Commissioner Geller requested that the County Attorney's Office explore legal actions and bring information back to the Board next week.  Vice-Mayor Holness requested being a cosponsor to this item.  (Refer to minutes for full discussion.)  (See Yellow-Sheeted Additional Material, dated December 4, 2018, submitted at the request of Commissioner Geller.)

VOTE:  6-1.  Commissioner Rich and Dr. Sharief were not present during the vote.  Commissioner Udine voted no.
Why Action is Necessary
Section 1-51.3 of the Broward County Code of Ordinances requires authorization of the Board of County Commissioners prior to the filing of a lawsuit.
What Action Accomplishes
Directs the Office of the County Attorney to take legal action as deemed necessary.
Is this Action Goal Related
Previous Action Taken
Summary Explanation/Background
On November 18, 2018, the Broward County Supervisor of Elections, Dr. Brenda Snipes, announced she was resigning from office effective January 4, 2019. On November 30, 2018, Governor Rick Scott suspended Dr. Snipes from office, effective immediately, and appointed Peter Antonacci as the Broward County Supervisor of Elections. On December 1, 2018, Dr. Snipes rescinded her resignation due to Governor Scott’s action and assertions. Governor Scott’s suspension of Dr. Snipes is subject to review by the Florida Senate.

Although Governor Scott has publicly stated that Mr. Antonacci shall remain Broward County Supervisor of Elections until the 2020 general election, Article IV, Section 7, of the Florida Constitution, provides that the Governor may fill the office of a suspended officer by appointment only for the period of suspension.

The County and its citizens have an interest in ensuring that any appointment to the position of Broward County Supervisor of Elections is in conformity with the Florida Constitution and Florida Statutes and that the individual serving in that role is serving in compliance with applicable law. Therefore, this item directs the Office of the County Attorney to take any and all action necessary to ensure compliance with Florida law as it relates to the office of Broward County Supervisor of Elections and to pursue available legal remedies, as deemed necessary.
Source of Additional Information

Fiscal Impact
Fiscal Impact/Cost Summary:
Legal services will be provided by in-house counsel. If any lawsuit is filed, court costs and travel costs are estimated at $5,000 to $10,000.
Attachments
Additional Material - Information
Additional Material - Information


    

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