On April 5th, 2012 at 3:00 PM, the District 5 West Palm Beach City Commission seat will become open.

We the undersigned are of the opinion that:

1. The West Palm Beach City Charter Section 2.01 clearly states that The City Commission shall consist of five (5) City Commissioners and a Mayor who are elected at-large on a nonpartisan basis.

2. That Section 2.06 defines a vacancy on the commission as occurring upon the “death, resignation, removal or recall of a member."

3. That on April 5th, 2012 at 3:00 PM, there will be no elected member to fill the District 5 seat to serve the 2012 term.

4.  As there will be no elected or appointed member of the City Commission to fill the District 5 seat, there is no legal vacancy as defined in Section 2.06.

5. Therefore, the section requiring an appointment be made in the case of a vacancy does not apply.

6. Furthermore, on March 13, 2012, voters overwhelmingly approved a charter amendment favoring special elections over appointments when a seat becomes vacant in circumstances where a member resigns to run for another office.

And therefore, we the undersigned, adult residents of West Palm Beach resolve to FAVOR the election of a commissioner to represent District 5. 

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