title
DWIGHT E. ADAMS V. PAM CARPENTER, AS SUPERVISOR OF ELECTIONS OF ALACHUA COUNTY, FLORIDA, AND BOARD OF COUNTY COMMISSIONERS OF ALACHUA COUNTY, FLORIDA, CASE NUMBER: 2010-CA-3907, DIV. K
recommendation
The City Commission authorize the City Attorney's Office to represent the City of Gainesville and other authorizing cities in Alachua County in this lawsuit.
explanation
On July 14, 2010, Dwight Adams, represented by Attorney Joe Little, filed a lawsuit against the Board of County Commissioners of Alachua County and Pam Carpenter as Supervisor of Elections. The lawsuit seeks a judgment that Charter Amendment 3 proposed by the Alachua County Charter Review Commission and placed on the November 2010 general election ballot by the Board of County Commissioners is unconstitutional. The lawsuit asks the court to enjoin the Supervisor from placing the proposed charter amendment on the ballot, or in the alternative, to enjoin the Supervisor from counting the results from the ballot on that issue.
Proposed charter amendment question 3 was endorsed by the cities within Alachua County and by the Alachua County Charter Review Commission. The amendment would require municipal electorate approval of a charter amendment before the amendment becomes effective in the municipality unless an "important county purpose" is involved. The actual ballot question language reads:
Shall the Alachua County, Florida, charter be amended to require a future charter amendment limiting municipal power, which is not otherwise subject to Florida constitution's dual referendum requirement, shall take effect within or in regard to a municipality only if the amendment is approved by a majority of Alachua County electors and also approved by a majority of electors in that municipality, except when otherwise provided in a charter amendment or by the Legislature?
The real parties in interest in the challenge to the proposed amendment are not the County Commission or the Supervisor of Election, but the cities in Alachua County who seek to maintain their municipal home rule authority. In fact, the Board of County Commissioners authorized the County Attorney Office to take a neutral position on the constitutionality of the proposed amendment. The County Attorney's Office who also represents the Supervisor of Elections in the lawsuit will argue in favor of keeping the item on the ballot so that the electorate can vote on this item.
As a result of the Board of County Commissioner's actions, no party will defend and present arguments in favor of the constitutionality of the proposed Charter Amendment. For these reasons, this Office recommends that the City of Gainesville move the court to allow it to join in the lawsuit as a party defendant. The Alachua County League of Cities recommends that the other cities within Alachua County also join in this lawsuit as party defendants and that the Gainesville City Attorney's Office represent the cities' common interest in arguing in favor of the constitutionality of this amendment and to keep the item on the ballot to permit the electorate to vote on the amendment. Recognizing that the other cities in Alachua County also have the same interest as Gainesville in the lawsuit, this Office also recommends that the City Commission authorize this Office to represent the other cities in Alachua County who want to participate in the lawsuit. The lawsuit will be funded by the Florida League of Cities and participating cities in Alachua County.