PLACEMENT: Public Hearings
TITLE:
title
PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE AMENDING CHAPTER 1, ADMINISTRATION, GENERAL ORDINANCES, MARTIN COUNTY TO DESIGNATE THE OFFICIAL SEAL OF MARTIN COUNTY
end
EXECUTIVE SUMMARY:
executive summary
The Board of County Commissioners (“Board”) is requested to adopt the proposed amendment to Chapter 1, Administration, General Ordinances, Martin County Code, to designate the official county seal of Martin County.
body
DEPARTMENT: County Attorney
PREPARED BY: Name: Elysse Elder
Title: Senior Assistant County Attorney
REQUESTED BY: George Stokus, Assistant County Administrator
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
Martin County employees have discovered the unauthorized use of the Martin County seal for commercial and other inappropriate purposes by persons and/or entities in the community. In order to protect the county seal, Section 165.043, Florida Statutes, authorizes the Board of County Commissioners to designate the official county seal of Martin County by ordinance. Based on the statute, the proposed ordinance designates the official county seal and prohibits the manufacture, use, display or other reproduction of the official county seal without the express approval of the County Administrator or designee, except by county officials and employees in the performance of their official duties. In addition, the ordinance authorizes Martin County to establish procedures for granting written permission for its use and identifies the penalties provided in Section 165.043, Florida Statutes, for any unauthorized use.
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
This is a legislative matter. Legislative decisions are those in which the local government formulates policy rather than applying specific rules to a particular situation. A local government’s approval or denial of an issue in its legislative capacity is typically subject to a fairly debatable standard of review. Fairly debatable means that the government’s action must be upheld if reasonable minds could differ as to the propriety of the decision reached. Decisions subject to the fairly debatable standard of review need only be rationally related to a legitimate public purpose, such as the health, safety, and welfare of the public, to be valid. Given this broad discretion, only decisions that are arbitrary and capricious or illegal are subject to serious legal challenge.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board adopt the proposed amendment to Chapter 1, Administration, General Ordinances, Martin County Code to designate the official county seal of Martin County and to establish authorized uses for the seal.
ALTERNATIVE RECOMMENDATIONS
None
FISCAL IMPACT:
RECOMMENDATION
None
|
Funding Source |
County Funds |
Non-County Funds |
|
|
|
|
|
|
|
|
|
|
|
|
|
Subtotal |
|
|
|
Project Total |
|
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☒Ordinance ☐Resolution
☐Other:
This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.