Opening Form-From Tip

Parti: OPENING
Tip# Date Recieved File Ref ft rVotn
1121 3/9/2017
Tip Summary
Tipster alleges that Lazy Lake Councilman Ray Nyhuis is not registered to vote in Lazy Lake which disqualifies him from
holding a seat on the village council.

Source First Name Source Last Name Assigned to:

Oliver Kamm William Cates
Legal Review Notes
Subjects:

Type of File ® Inquiry ® Background 0 Possible Ethics? ® Check if case involves possible
® Legal 0 Investigation (See Part II) criminal activity

[3 County 0 Municipality:

Approval:
63/l3/Z°'1
Date:
IG/DIG//AIG

PART II: INVESTIGATIVE DETERMINATION

Brief Description There is good cause to believe that Councilman Ray Nyhuis is not qualified to hold a seat on the
Lazy Lake council.

§|j|Refer case to:

0 Good Cause Exists

satsiis O Insufficient basis for further action

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Inspector General
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Mee, Michael

From: Breece, Carol

Sent: Wednesday, March 22, 2017 12:20 PM
To: Mee, Michael
Cc: Cates, William
Subject: Tip 1121

Good morning,

Members of the Village of Lazy Lake council must be registered to vote in order to hold office. I could not
locate a Florida constitutional or statutory provision requiring that appointed persons to elective, municipal
office be electors. But the village charter is quite explicit.

• "...[A]ll persons ... who hold office ... or are appointed to any Village office... shall be held and
deemed to be Village officers... and no one shall be elected or appointed to a Village office ...
who is not a legally qualified voter ..." Article I, Section 9.

• "The Mayor and the Village Council shall be qualified electors of the Village of Lazy Lake
...." Article I, Section 10.

• "No person shall be qualified to hold any office, elective or appointive ... who is not a qualified
voter ... at the date the term of said office begins." Article II, Section 4. (State law provides that
in order to vote, one must be registered. F.S. 97.041(3).)

If a village council member is not registered, he forfeits his office and the council should declare the seat
vacant and proceed to fill it - by appointment within two regular meetings - for the remainder of the term,
until March 2018. If this can't be done, a special election must be held to fill the vacancy.

• "The Village Council shall be the judge of the qualifications, election and returns of its own
members ...." ArticleIV,Section2.

• "Any Mayor or member of the Village Council who ceases to possess the qualifications which
are required herein,... shall forfeit his office, and it shall be the duty of the remaining members
of the Village Council to declare the office vacant and to proceed to fill the vacancy ..." Article
I, Section 10. "...[A]ny person who ceases to possess the qualifications which are herein
required shall forfeit his office." Article II, Section 4.

• "In the event of a vacancy occurring for any reason whatsoever in the members of the Village
Council,... it shall be the duty of the remaining members of the Village Council at the next
regular meeting, or as soon thereafter as possible following the declaration of such vacancy, to
select a duly qualified citizen to fill said vacancy until the next general election. If a majority of
said remaining members are unable to agree upon the selection to fill said vacancy after two
regular meetings have been held, the Village Council shall call a special election ...” Article II,
Section 3. ("...[A]ll elective offices shall be for a term of two (2) years ..." Article II, Section
2. "There shall be five (5) members of the Village Council.... The term of office of Village
Councilman shall be for two (2) years ..." Article IV, Section 1. Elections are held in March of
each even year. Article I, Section 9.)

l
With regard to the tipster's complaint that village action that counted on the unqualified council member to
constitute a quorum should be nullified: the village charter states that "[a] majority of the members of the
Council shall be necessary to constitute a quorum for the transaction of any business" and that "[t]he
affirmative vote of three (3) members shall be necessary to adopt any resolution or ordinance." Article IV,
Sections 2 and 8. However, I did not find legal authority prescribing the remedy for a lack of quorum or for
a vote including an unqualified official in municipal business.

Please let me know if I can be of further assistance.

Carol "J°die" Breece

General Counsel

Broward Office of the Inspector General

1 N. University Drive, Suite 111
Plantation, Fla. 33324
Direct: 954-357-7815
Main: 954-357-7873
www.browardIG.org
OIG Ethics Home Page
954-357-TIPS (8477)

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