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HomeMy WebLinkAboutItem 06 Approval to Collect Applications for Appointment of a Districting Commission in Accordance with the City of Ocoee Charter, Article XI, Section C-66 ocoee florida AGENDA ITEM COVER SHEET Meeting Date: May 18, 2021 Item # 1p Reviewed By: Contact Name: Melanie Sibbitt Department Director: Mel. ee i•. r, Contact Number: Ext. 1026 City Manager: Subject: Collection of A` �;lications;fo ` .. C. _, . .... ._... 1 _ . .PP rAppo�ntment of a'Distr'.icting .Commission; in'Accoicdance;; with the.City of Ocoee,Charter; Article XI; Section c=66. Background Summary: Article XI, Section C-66 of the Charter provides: The City Commission shall establish a Districting Commission after April 1, 2021 or within three (3) months of receipt of the 2020 census data, whichever is earlier, and every ten (10) years thereafter a new Districting Commission shall be appointed by the City Commission within three (3) months of receipt of the relevant census data. A Districting'Commission may also be appointed by the City Commission at such other times as deemed necessary by the City Commission.The Districting Commission shall consist of five (5) members and a first and second alternate member who shall be appointed by majority vote of the City Commission and who shall serve on such commission for a term of one (1) year, unless such term is extended by the City Commission. Due to COVID 19, the U.S. Census Bureau announced that it will deliver the Public Law 94-171 redistricting data to all states by September 30, 2021. Issue: In accordance with Section C-66 of the City Charter, the City Commission shall appoint, by majority vote, a Districting Commission,consisting of five (5) members and two (2) alternates. Recommendations Staff recommends the Honorable Mayor and Commissioners allow residents to apply by June 11, 2021, for consideration to be appointed to the Districting Commission. Applications received will be presented at the June 15, 2021, Regular Commission Meeting so they may be ranked. The highest-ranked nominees will be appointed to the board. Attachments: Charter; Article XI, Section C-66 Financial Impact: None Type of Item: (please mark with an x Public Hearing For:Clerkes:Dept User. Ordinance First Reading Consent Agenda Ordinance Second Reading Rutilic:Hearing Resolution Regular Agenda Commission Approval Discussion& Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Scott Cookson, City Attorney (05/12/21) N/A Reviewed by Finance Dept. N/A Reviewed by Q i N/A 2 § C-66. - Establishment of Districting Commission; alternate members; absences. [Amended 10-3-2017 by Ord. No. 2017-025]U A. (1) Appointment of members. The City Commission shall establish a Districting Commission after April 1, 2021 or within three (3) months of receipt of the 2020 census data, whichever is earlier, and every ten (10) years thereafter a new Districting Commission shall be appointed by the City Commission within three (3) months of receipt of the relevant census data.A Districting Commission may also be appointed by the City Commission at such other times as deemed necessary by the City Commission. The Districting Commission shall consist of five(5) members and a first and second alternate member who shall be appointed by majority vote of the City Commission and who shall serve on such commission for terms of one (1) year, unless such terms are extended by the City Commission. (2) Alternate members shall serve as a regular member of the Districting Commission; provided, however, an alternate member may not vote on a matter unless a member is absent. If a member is absent, the first alternate may vote on a matter in the place of the absent member. If a second member is absent, the second alternate may vote on a matter in the place of the second absent member. (3) Absence by any member, including the alternates, from three (3) meetings of the Districting Commission shall result in automatic removal of the absent member and vacation of the seat of the absent member, whether such member's absence is excused or unexcused. B. Removal; vacancies. (1) Removal. Any member of the Districting Commission may be removed by the City Commission in accordance with the following procedures: (a) The City Commission shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal.A copy of the resolution shall be promptly delivered to the member of the Districting Commission sought to be removed. (b) Within five (5) days after a copy of the resolution is delivered to the member sought to be removed, such member may file with the City Commission a written reply and/or a written request for a public hearing. This hearing shall be held at a City Commission meeting no earlier than fifteen (15) days and no later than thirty (30) days after the request is filed. (c) The City Commission may adopt by affirmative vote of a majority of all its members a final resolution of removal, which may be made effective immediately. Such resolution, if adopted, must be adopted no earlier than six (6) days and no later than thirty (30) days from the date a copy of the preliminary resolution was delivered to the member sought to be removed, if such member has not requested a public hearing. If such member has requested a hearing, such resolution, if adopted, must be adopted within forty-five (45) days from the date of the hearing. (2) Vacancies. In the event of a vacancy on the Districting Commission, the first alternate will assume the vacant seat. In the event of a second vacancy on the Districting Commission, the second alternate will assume the vacant seat. If any vacancy occurs in the Districting Commission and no alternate member is available to assume the vacant seat, a qualified individual shall be appointed by the City Commission to serve in place of the member who created the vacancy. Such vacancy shall be filled within thirty (30) days after the vacancy occurs. C. Powers and duties. (1) The Districting Commission shall serve as an advisory body to the City Commission with respect to the redistricting of the geographic boundaries of the four (4) single-member districts of the City of Ocoee. (2) Upon its appointment in 2021, the Districting Commission shall review the most current, official census data, together with all other data relevant to the adjustment of geographic boundaries of the four(4) single-member districts. (3) The Districting Commission shall prepare a report to the City Commission containing recommendations, if any, for the adjustment of district boundaries. (4) All recommendations concerning the geographic boundaries of single-member districts shall be prepared in compliance with the legal standards relating to redistricting including but not limited to the following criteria: (a) Each district shall be formed of compact, contiguous territory and shall be as rectangular as possible. To the extent possible, the boundary lines of each district shall follow the center lines of streets. (b) The districts shall be based upon the principle of equal and effective representation as required by the United States Constitution. (c) The boundaries of each district shall, to the extent possible, be aligned with the boundaries of the county precincts within the city and with the boundaries of the city. (d) All reports containing recommendations shall include a map that sets forth the proposed boundaries of each district. D. Recommendations to the City Commission. All reports of the Districting Commission shall be available to the public and submitted to the City Commission in accordance with such reasonable deadlines as may be established by the City Commission or as may otherwise be required by law. Within two (2) months of the receipt of any such reports, the City Commission shall accept or reject the recommendations contained therein, or the City Commission may send such reports back to the Districting Commission for further study and consideration. The subsequent redistricting of the geographic boundaries of the four (4), single-member districts shall be done by ordinance by the City Commission; provided, however, that the City Commission shall not redistrict such boundaries until after receipt of a report from the Districting Commission containing recommendations relating thereto, unless the Districting Commission fails to deliver its report by the deadline established by the City Commission. E. Officers. The Districting Commission shall create and elect appropriate officers as it deems necessary for the orderly conduct of its specific duties. F. Support. It shall be the responsibility of the Planning Department, or such other department as may be designated by the City Manager,to provide technical data and assistance to the Districting Commission. City staff shall also be available to assist the Districting Commission as needed. G. Expenses. The City Commission shall appropriate funds to defray reasonable expenses of the Districting Commission. Footnotes: ---(1) --- Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3- 13-2018. Said ordinance provided for an effective date of 6-1-2018.