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 ...
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