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![Disappointment is an understatement… @lauderdalelakesfl
The City of Lauderdale Lakes City
Attorney's memorandum published/transmitted to city commission @lauderdalelakesfl on October 20th concludes that, under Florida law, an incumbent official whose term expires without any candidate qualifying to run against them does not create a "vacancy."
Instead, the official automatically "holds over" in office “by law” until the next regular election cycle for that specific seat, which in this case is November 2030.
We deserve additional legal counsel regarding the City Attorney’s opinion in the October 20th legal memorandum.
6. The only "involuntary)" means of ending a sitting commissioner's tenure are for-cause forfeiture, elector recall, and a narrow gubernatorial suspension - none of which the Commission may invoke at will. Three mechanisms, each tightly cabined, can separate a municipal officer who will not voluntarily resign.
First, forfeiture: the Charter lists the exclusive grounds - loss of qualifications, violation of the standards of conduct or code of ethics, conviction of a crime involving moral turpitude, three consecutive unexcused absences, incapacity exceeding three months, or moving one's principal residence out of the city - "such forfeiture to be declared by the remaining members of the city commission"
(CITY CHARTER Section 3.10 - Vacancies; forfeiture of office; filling of vacancies at 1. A [commission] member charged with conduct constituting grounds for forfeiture "shall be entitled to a public hearing on demand" (CODE OF ORDINANCES City of LAUDERDALE LAKES, FLORIDA at 155). As such, forfeiture is a for-cause determination, not removal at will. A Florida officer may "be removed only for cause and after notice and an opportunity to be heard" (Burklin v. Willis, 97 So. 2d 129, 131 (Fla. Dist. Ct. App. 1957)), a governing body "acted beyond the scope of its lawful authority in summarily resolving to vacate" an office without that process……) by @birthersofcivilization](https://scontent-ord5-2.cdninstagram.com/v/t51.82787-15/870221953_18130031201500595_5131016705866503622_n.jpg?stp=dst-jpg_e35_s640x640_tt6&_nc_cat=103&ccb=7-5&_nc_sid=18de74&efg=eyJlZmdfdGFnIjoiQ0FST1VTRUxfSVRFTS5iZXN0X2ltYWdlX3VybGdlbi5DMyJ9&_nc_ohc=SbqwPHQ6L8gQ7kNvwEtsr-v&_nc_oc=AdptHgBlNOAKi7dAs5O24Q61_0WF24m22nJkVzZJJ8RR3fDcIgUhSVnDeKAQ2pRlLG8JEBEKPmZ_FBeEnUjIGPeU&_nc_zt=23&_nc_ht=scontent-ord5-2.cdninstagram.com&_nc_gid=EBYupJJ7htD8kXtKywovJA&_nc_ss=70689&oh=00_AQSG-hdaSTd8JhUxTi-l_gp6XOxfG0Ghq-Qnh1D5IdpeGA&oe=6AEFCAA9)
