The Writ served to Lake Worth

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IN THE CIRCUIT COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA

LAUREL DECKER, as an individual and member of “Respectful Planning Lake Worth” a petitioners’ committee for a citizen’s ballot initiative regarding the City of Lake Worth Charter Amendment

Petitioner
v. Case No:

CITY OF LAKE WORTH, a Florida municipality

Respondent

PETITION FOR WRIT OF MANDAMUS
Petitioner, LAUREL DECKER, a citizen of Lake Worth, Florida, on behalf of herself and the petitioners’ committee for a citizen’s ballot initiative called “Respectful Planning Lake Worth” regarding the City of Lake Worth Charter Amendment ("COMMITTEE"), files this Petition for Writ of Mandamus under Florida Rule of Civil Procedure 1.630 (extraordinary writs) seeking a writ of mandamus ordering the CITY OF LAKE WORTH to perform a ministerial act. As prima facie grounds in support of this action:

1. Petitioner seeks an order compelling the City clerk to perform the ministerial act of transmitting the charter amendment approved by the electorate on March 12, 2013 to the State of Florida Department of State pursuant to Florida Statute Section 166.031 (Charter Amendments) (2012).

2. On March 12, 2013, the electors at a referendum approved an amendment to the City Charter Article IV, Section 11 contained in Ordinance 2012-30, Exhibit A, which resulted from a citizen’s initiative to amend the City Charter which met all requirements under the procedures set forth in Florida Statute Section 166.031 and the City of Lake Worth Charter. Exh B-E.

3. The City refused to incorporate the language of the Amendment to the City Charter approved by the voters and transmit the amended charter to the Department of State as required by Florida Statute Section 166.031(2): 166.031 Charter amendments.— (1) The governing body of a municipality may, by ordinance, or the electors of a municipality may, by petition signed by 10 percent of the registered electors as of the last preceding municipal general election, submit to the electors of said municipality a proposed amendment to its charter, which amendment may be to any part or to all of said charter except that part describing the boundaries of such municipality. The governing body of the municipality shall place the proposed amendment contained in the ordinance or petition to a vote of the electors at the next general election held within the municipality or at a special election called for such purpose. (2) Upon adoption of an amendment to the charter of a municipality by a majority of the electors voting in a referendum upon such amendment, the governing body of said municipality shall have the amendment incorporated into the charter and shall file the revised charter with the Department of State. All such amendments are effective on the date specified therein or as otherwise provided in the charter. (3) A municipality may amend its charter pursuant to this section notwithstanding any charter provisions to the contrary. This section shall be supplemental to the provisions of all other laws relating to the amendment of municipal charters and is not intended to diminish any substantive or procedural power vested in any municipality by present law....

4. Mandamus is available to compel a ministerial act by a public body where performance is directed by law, including processing citizens’ initiative amendments to City Codes and Charters. City of Boca Raton v. Siml, 96 So.3d 1140 (Fla. 4th DCA, 2012).

5. The City Clerk is required by ministerial act to transmit the complete text of the City Charter as approved and amended by the voters to the State of Florida Department of State pursuant to Florida Statute Section 166.031.

6. The failure to transmit the complete text of the City Charter as approved and amended by the voters to the State of Florida Department of State pursuant to Florida Statute Section 166.031 is ripe for adjudication.

WHEREFORE, Petitioner seeks a writ of mandamus compelling the City to transmit the complete text of the City Charter as amended by the voters to the State of Florida Department of State as required by Florida Statute Section 166.031.

Respectfully submitted, /s/ Ralf Brookes, Esq. RALF BROOKES ATTORNEY Florida Bar No. 0778362 Attorney for Petitioner 1217 E Cape Coral Parkway #107 Cape Coral, Florida 33904 Telephone (239) 910-5464 Facsimile (866) 341-6086 Ralf@RalfBrookesAttorney.com