City of Gainesville Commissioner Mail Archive

Commissioner,

Good afternoon. Sr Assistant City Attorney McDermott researched your question regarding GHA appointments and the possibility of term limits. Please find his analysis below. In short, his research revealed that the Commission may not impose term limits. Please let me know if you would like to discuss further, bring the answer to the attention of the entire Commission informally, or place an item for discussion on a future GPC.

Best,

Dan

Daniel M. Nee, B.C.S. | City Attorney

Board Certified in City, County and Local Government Law
Office of the City Attorney | City of Gainesville
Office (352)334-5011 | Fax 352-334-2229
Email needm@cityofgainesville.org

Under Florida law, emails and email addresses are public records and subject to disclosure upon request. If you do not want your email or email address released in response to a public records request, do not send email to this office. Instead, contact this office by telephone.

NOTICE: This message is intended only for the use of the individual(s) or entity to which it is addressed. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this email in error, please immediately reply to the sender, then delete the email. Thank you.

From: McDermott, Sean M <mcdermottsm@cityofgainesville.org>
Sent: Friday, September 6, 2024 3:50 PM
To: Nee, Daniel M <needm@cityofgainesville.org>
Subject: Gainesville Housing Authority Appointments and Potential City Commission Imposed Term Limits

Dan,

The Gainesville Housing Authority (GHA) was created by the City Commission in 1966 pursuant to the Housing Authorities Law, Part I of Chapter 421, F.S. Within that law, Section 421.05, F.S., provides the pervasive requirements for the appointment, qualifications, and tenure of GHA "Commissioners." Requirements include that GHA Commissioners shall be appointed by the Mayor with the approval of the City Commission for 4-year terms and that a GHA Commissioner shall hold office until a successor has been appointed and has qualified. Section 421.07, F.S., provides the required procedure and substance for the removal of GHA Commissioners.

Given this statutory scheme, any City Commission imposed term limits on GHA Commissioners would be arguably either impliedly preempted given the pervasiveness of the legislative scheme of the Housing Authorities Law or would be in direct conflict with state law. Again and per state law, the Mayor with City Commission approval may effectively appoint a new member after each 4-year term but, once appointed, such member shall hold office until a successor has been appointed and has qualified. Any policy of the City Commission which provided for an automatic removal for a term-limited GHA Commissioner would likely run afoul of this state mandated process. In addition, at least one AGO (082-100) has opined that because the Housing Authorities Law grants the Mayor specifically with appointment authority, even given that City Commission approval is needed, the City Commission does not have any authority to govern if, when, or how such Mayoral appointments are made in accordance with the Housing Authorities Law.

Please let me know if you'd like to discuss. Thanks.

Sean M. McDermott | Senior Assistant City Attorney

City of Gainesville - Office of the City Attorney

P.O. Box 490, Sta. 46, Gainesville, FL 32627

Phone: 352-393-8820 (direct); 352-334-5011 (main)

NOTICE: Under Florida’s Public Records Law, most written communications to or from city officers and employees regarding city business are subject to public disclosure.

Date Received:	9/12/2024 2:22:22 PM
To:	Walker, Desmon N
Cc:
From:	Nee, Daniel M
Subject:	FW: Gainesville Housing Authority Appointments and Potential City Commission Imposed Term Limits
Attachments:
Message:	Commissioner, Good afternoon. Sr Assistant City Attorney McDermott researched your question regarding GHA appointments and the possibility of term limits. Please find his analysis below. In short, his research revealed that the Commission may not impose term limits. Please let me know if you would like to discuss further, bring the answer to the attention of the entire Commission informally, or place an item for discussion on a future GPC. Best, Dan Daniel M. Nee, B.C.S. \| City Attorney Board Certified in City, County and Local Government Law Office of the City Attorney \| City of Gainesville Office (352)334-5011 \| Fax 352-334-2229 Email needm@cityofgainesville.org Under Florida law, emails and email addresses are public records and subject to disclosure upon request. If you do not want your email or email address released in response to a public records request, do not send email to this office. Instead, contact this office by telephone. NOTICE: This message is intended only for the use of the individual(s) or entity to which it is addressed. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this email in error, please immediately reply to the sender, then delete the email. Thank you. From: McDermott, Sean M <mcdermottsm@cityofgainesville.org> Sent: Friday, September 6, 2024 3:50 PM To: Nee, Daniel M <needm@cityofgainesville.org> Subject: Gainesville Housing Authority Appointments and Potential City Commission Imposed Term Limits Dan, The Gainesville Housing Authority (GHA) was created by the City Commission in 1966 pursuant to the Housing Authorities Law, Part I of Chapter 421, F.S. Within that law, Section 421.05, F.S., provides the pervasive requirements for the appointment, qualifications, and tenure of GHA "Commissioners." Requirements include that GHA Commissioners shall be appointed by the Mayor with the approval of the City Commission for 4-year terms and that a GHA Commissioner shall hold office until a successor has been appointed and has qualified. Section 421.07, F.S., provides the required procedure and substance for the removal of GHA Commissioners. Given this statutory scheme, any City Commission imposed term limits on GHA Commissioners would be arguably either impliedly preempted given the pervasiveness of the legislative scheme of the Housing Authorities Law or would be in direct conflict with state law. Again and per state law, the Mayor with City Commission approval may effectively appoint a new member after each 4-year term but, once appointed, such member *shall hold office until a successor has been appointed* *and has qualified. Any policy of the City Commission which provided for an automatic removal for a term-limited GHA Commissioner would likely run afoul of this state mandated process. In addition, at least one AGO (082-100) has opined that because the Housing Authorities Law grants the Mayor specifically with appointment authority, even given that City Commission approval is needed, the City Commission does not have any authority to govern if, when, or how such Mayoral appointments are made in accordance with the Housing Authorities Law. Please let me know if you'd like to discuss. Thanks. Sean M. McDermott* \| Senior Assistant City Attorney City of Gainesville - Office of the City Attorney P.O. Box 490, Sta. 46, Gainesville, FL 32627 Phone: 352-393-8820 (direct); 352-334-5011 (main) NOTICE: Under Florida’s Public Records Law, most written communications to or from city officers and employees regarding city business are subject to public disclosure.

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