HomeMy WebLinkAbout03-21-2023 MinutesMINUTES
SPECIAL SESSION
MARCH 21, 2023
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Call to Order and Roll Call 7:20 PRII
Mayor Johnson called the special session to order at 7:20 PM in the Commission Chambers of
City Hall. City Clerk Sibbitt called the roll and declared a quorum present.
Present: Mayor Johnson, Commissioner Kennedy, Commissioner Wilsen, Commissioner Firstner
Absent:
Also Present: City Manager Frank, City Attorney Cookson, City Clerk Sibbitt
Briefing by City Attorney, Discussion of Process and/or Immediate Appointment for Vacant
Seat of District 4 Commissioner
C- 17. — Vacancies; forfeiture of office; filling of vacancies. "If any vacancy, other than the Office of
Mayor, occurs in the City Commission, an eligible person shall be selected by the City Commission
within thirty (30) days of the vacancy to serve until the successor is elected."
City Attorney Cookson explained the Charter requirement to fill the vacancy created by the resign
to run of the District 4 Commissioner, who recently ran in the Mayor race. The vacancy became
effective at the time of the swearing in of the Mayor -Elect. He further shared he will go over the
process to fill the vacancy, and the City Commission can fill the vacancy tonight or at the April 18th
Regular City Commission Meeting.
Commissioner Kennedy shared he would like to learn about the process, and wait until April 18th
to fill the vacancy.
Commissioner Wilsen shared she felt they should adhere to the Charter, and would also like to
wait until April 18th to fill the vacancy. She further commented that she felt the selected interim should
be a District 4 resident.
Mayor Johnson explained that he confirmed with the City Attorney that their selection did not have
to be a District 4 resident, and further expressed why he felt having a resident outside of that
District would be beneficial. He also agreed that the appointment of interim should be made on
April 18th.
Commissioner Firstner shared he would also like to wait until April 18th to fill the vacancy, as he
would like to see resumes of interested residents before a decision is made.
City Attorney Cookson summarized the requests of the City Commission to bring names of
interested residents, whether in District 4 or not, to the April 18 th Regular City Commission Meeting
for selection of filling the vacancy. He further suggested that names be provided to the City Clerk so
she can circulate that information to the City Commission prior to the meeting.
City Commission Special Session
March 21, 2023
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following the appointment.
Briefing by City Attorney, Discussion and Approval of Special Election Date for the Election
of a Commissioner for District 4
C-1 7. — Vacancies; forfeiture of office; filling of vacancies. "If a general city election will not be held
within twelve (12) months, the successor shall be elected at a special election which shall be called
by the City Commission within ninety (90) days of the vacancy. The successor shall serve for the
unexpired term of the member who created the vacancy."
City Attorney Cookson explained the Charter requirement to select the date for the Special
Election to fill the District 4 vacancy, and advised the elected candidate would be completing a term
scheduled to expire in March 2025. He further shared that after discussions with the City Clerk and
the Supervisor of Elections, June 13th has been identified as the recommended election date with a
qualifying period from April 21st — April 28th, and the selected run-off date of July 1 1th, if needed.
Motion: Move to approve the Special Election date of June 13, 2023, for District 4
Commissioner; and further, approve a run-off date of July 11, 2023, if needed. oved by
Commissioner Wilsen, seconded by Commissioner Firstner; Motion carried 4-0.
Commissioner Wilsen inquired if the City Commission could ask that the interim appointee not be
a potential candidate running in the Special Election for the District 4 seat. City Attorney Cookson
addressed her question and advised that for the 2016 Special Election that was a policy the City
Commission agreed on.
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Angel de la Portilla, Ocoee Resident, commented on the Charter and the need for changes. He
[rurther shared that he believed a Special Election must be called by ordinance. City Attorney
Cookson addressed his concerns.
Commissioner Wilsen confirmed that a Special Session Meeting would need to be called to adopt
an ordinance. City Attorney Cookson addressed her question.
Mayor Johnson inquired if they would be able to get a second opinion by another attorney on the
resign to run. City Manager Frank addressed his question.
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City Commission • Session
March 21, 2023
Commissioner Wilsen inquired if that opinion is needed now or can it wait until the Charter is under
review. • Johnson shared that he is seeking an opinion due to confusions regarding the resign
• run.
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Joel Keller, Ocoee •- commented that he has no • • running ;• the District 4
Commission seat, and further shared he is interested in serving as an interim. Mayor Johnson
advised that the decision for appointment of interim will be heard at the April 18th Regular City
Commission Meeting.
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residents who do not run for the district seat.
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City of Ocoee
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