Martino: Charter questions… information is missing

---

I have authored several Martino Minute opinion articles concerning the City of Palm Beach Gardens City Charter Amendments referendum scheduled for election on March 13, 2018. The City Council is pitching four Charter amendment questions on which they are asking Gardens registered voters to cast a “Yes” or “No” vote. After listening carefully to the City Council’s reasons for and discussion of these four questions, and after gathering my own information to examine these questions, I am voting “No” on each question.

It is incumbent upon each of us residents that we understand what the City Charter is. It is the City’s constitution. I would confidently say that it belongs to the residents, not an appointed committee, not the City Council, not the City Manager, and not the City Attorney. In my opinion, it’s will and words ensure that the governing of the City will be by and for the residents. It spells out how the City government should function for the good of the residents. The Charter contains a fair amount of specificity, as it should.  The amending process must be specific to subject and residents must be informed in exacting terms and nothing less. That’s the law talking, not me.

Let us exam the PBG Referendum Questions #1 & #2 for specificity and information…

From my perspective this question is as ambiguous and non-specific as a question can be. What are the recommendations of the CRC? Eliminate what internal inconsistencies? Remove what conflicts with State Law and Council Manager form of government? How is the Charter to be reorganized? Where is Ordinance 26 2017 Exhibit “A”? Also, it does not contain information so the voter can cast an educated ballot. For instance, it does not inform the voter that a “Yes” vote removes the requirement for a Charter review, changes how a City Council vacancy is filled, deletes the requirement for the City Manager to live in the City, erases the requirement for the City Manager Annual Performance Review, and crosses out the Employee Merit System, as just a few examples of what the voter is not informed of.

I would offer that Question 2 lacks the information necessary for the voter to make an informed vote. It is deceptive in its wording because it suggests that the voter is casting a ballot to amend the Charter to institute term limits for three full consecutive terms. It fails to inform the voter that term limits already are in place for maximum of two consecutive three year terms.  A “Yes” vote for Question #2 and a “Yes” vote for Question #3 which allows for a 3-year sit-out and return could allow a Council member to conceivably serve indefinitely.

Another issue that has merit without a satisfactory answer from the City Council is, “Why March 13, 2018?” There is no City Council member election, as this is an off year. Turn out will be minimal. It seems less than considerate of the 20,000 voters who participated in the November 2014 election that considered the need for term limits, and more particularly, the 16,000 that voted to approve of them. The August 2018 primary election or the November 2018 general election is a more appropriate choice but the City Council announced publicly that November was not available per the Supervisor of Elections office. On February 13, 2018 in the courtroom of a Circuit Court Judge the Lawyers for the Supervisor of Elections said there is no legal prohibition to those dates as long as the legalities are met. Hmmm.

Referendum elections offer choices for the registered voter. The voter should be adequately provided with accurate, true and specific information in order to make an informed choice.  It is my considered opinion that the Council could have done more to educate themselves and us. Acknowledging the word and space limitations of the ballot, it is still my contention that more exacting ballot questions could have and should have been approved and offered.

The choice of “No” on these four Charter Amendment questions is obvious.