MAYOR AND TOWN COUNCIL

TOWN OF FOREST HEIGHTS

CHARTER AMENDMENT RESOLUTION NUMBER 17 – PROPOSING TO AMEND THE FOREST HEIGHTS TOWN CHARTER SECTION 33-33. ELECTION OF COUNCILMEN

INTRODUCED BY: Councilman Ross

ENACTED: February 16, 2006

WHEREAS, the continued legislative and administrative support of all departments within the Town of Forest Heights government is essential for continued maximum public safety and town development; and

WHEREAS, there have been clear concerns raised by residents, members of the Town Council concerning police powers and authority of the Forest Heights Police Department and administrative authority and effectiveness of the Town Treasurer and Town Clerk and the stability of their tenures; and

WHEREAS, the Section 33-90 of the Charter of the Town of Forest Heights and Article 23A § 12 and 13 empower and regulate the Town Council in enacting charter amendments and the Mayor in posting and publication of proposed charter amendments;

WHEREAS, when the current charter was drafted, the fiscal year coincided with the calendar year, but State law changes the budget cycle to a fiscal year ending on June 30, and

WHEREAS, the election of a new Mayor and Council members about six weeks before the beginning of a new fiscal year when a budget appropriating funds for the coming fiscal year creates a problem when certain budget decisions, such as tax rates, must be made well in advance of the new fiscal year, and

NOW THEREFORE BE IT RESOLVED that the Town Council of Forest Heights proposes to amend the Charter of the Town of Forest Heights Section 33-32. Election of Councilmen. The amendment of the Charter of the Town of Forest Heights shall be enacted by striking the current language which reads "On the second Wednesday of May in 2006 and every four years thereafter, one person from each Ward shall be elected by the qualified voters of his Ward to serve as Councilman for a four year term.

On the second Wednesday of March in 2007 and every four years thereafter, one person from each Ward shall be elected by the qualified voters of his Ward to serve as Councilman for a four year term" and replacing said language with the following language "On the second Wednesday of March in 2007 and every four years thereafter, one person from each Ward shall be elected by the qualified voters of his Ward to serve as Councilman for a four year term.

On the second Wednesday of March in 2009 and every four years thereafter one person from each Ward shall be elected by the qualified voters of his Ward to serve as Councilman for a four year term."

BE IT FURTHER RESOLVED that the Mayor shall give notice of this resolution for a proposed Charter Amendment by posting an exact copy thereof at the town hall for a period of at least forty days following its adoption and shall cause a fair summary of this proposed Charter Amendment to be published in a newspaper of general circulation in the Town of Forest Heights not less than four times, at weekly intervals within a period of at least forty days starting not later than three days immediately following the date of the adoption of this resolution containing the proposed charter amendment.

BE IT FURTHER RESOLVED that non-compliance with this resolution and ordinance shall be deemed a misdemeanor and subject to 30 days in prison and a fine not to exceed $1000.00; and

BE IT FURTHER RESOLVED that any incident of non-compliance with this resolution, as determined by a majority vote of the town council, shall be prosecuted and/or referred to the State's Attorney for prosecution by the Town Attorney; and

AND BE IT FURTHER RESOLVED that this resolution shall take effect immediately upon its passage and the Charter Amendment hereby proposed shall take effect April 7, 2006.

PASSED THIS DAY OF February 15, 2006.