HomeMy WebLinkAboutItem 10 Discussion and Direction on the Special Election.
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: May 2, 2023
Item #: 10
Contact Name: Robert Frank Department Director: Robert Frank
Contact Number: Ext. 6434 City Manager: Robert Frank
Subject: Discussion and Direction on the Special Election. (City Manager Frank)
Background Summary:
On April 18, 2023, the consensus of the City Commission was to place an agenda item on the May 2, 2023, City
Commission Meeting to discuss the special election, and include a second opinion on the interpretation of the City
Charter as it relates to when the election can be held. The City Commission asked the City Manager to hire an
attorney qualified on municipal election laws.
City Manager Frank retained Attorney Richard Geller of Fishback Dominick LLP, who is board certified by the
Florida Bar in City, County, and Local Government Law, for a second opinion on when the Special Election
can be held in accordance with the City Charter. Mr. Geller has practiced law for over 30 years, the last 15
with Fishback Dominick, which is a premier local government law firm in the area. Mr. Geller has provided a
letter explaining his interpretation of the City Charter and will present his findings.
If the City Commission considers cancelling the June 13, 2023, special election for the District 4 Commission
seat, and instead calls a general city election on March 19, 2024, the resolution provided by Mr. Geller would need
to be adopted.
Issue:
Should the City Commission consider cancelling the June 13, 2023, special election for the District 4 Commission
seat, and instead call a general city election on March 19, 2024?
Recommendations:
Staff recommends the Honorable Mayor and City Commissioners review Attorney Geller's professional opinion
on when the City can hold the Election for the District 4 Commission seat in accordance with the City Charter.
If the City Commission considers cancelling the June 13, 2023, special election for the District 4 Commission
seat, and instead calls a general city election on March 19, 2024, the resolution provided by Mr. Geller would need
to be adopted.
Attachments:
1. Letter
2. Resolution
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City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
Financial Impacts:
None
Type of Item: Regular
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RESOLUTION NO. 2023-_________
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
RESCINDING THE CITY’S CALL FOR A SPECIAL
ELECTION FOR THE DISTRICT 4 COMMISSION SEAT
SCHEDULED FOR JUNE 13, 2023; CALLING INSTEAD FOR
A GENERAL CITY ELECTION AND SCHEDULING SUCH
ELECTION ON MARCH 19, 2024, TO COINCIDE WITH
ORANGE COUNTY MUNICIPAL ELECTION DAY AND
THE PRESIDENTIAL PREFERENCE PRIMARY, FOR THE
ELECTION FOR THE DISTRICT 4 COMMISSION SEAT,
PROPOSED AMENDMENTS TO THE CITY CHARTER,
AND ANY OTHER MATTERS REQUIRING A MUNICIPAL
ELECTION; PROVIDING FOR SEVERABILITY AND A
SAVINGS CLAUSE; AND PROVIDING FOR CONFLICTS
AND AN EFFECTIVE DATE.
WHEREAS, the City of Ocoee (the "City") is vested with Home Rule authority pursuant to
Article VIII, Section 2 of the Constitution of the State of Florida and Chapter 166, Florida Statutes to
conduct municipal government, and exercise any power for municipal purposes except as otherwise
prohibited by law; and
WHEREAS, the City’s broad Home Rule authority includes the power to call, rescind the
call, and schedule elections pertaining to the City Commission and the City Charter by Resolution in
accordance with the Charter and City Code; and
WHEREAS, the calling and scheduling of an election is a discretionary legislative act of the
City Commission within the requirements established in the City Charter, chapter 5 of the City
Code, and under chapter 100, Florida Statutes; and
WHEREAS, pursuant to Section C-10 of the City Charter, “The City Commission shall be
the judge of the election and qualification of its members….;” and
WHEREAS, pursuant to Section C-17 of the City Charter, the City Commission called a
special election to choose “[t]he successor [who] shall serve for the unexpired term of the member
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who created the vacancy” of the District 4 Commission seat, and scheduled the special election for
June 13, 2023; and
WHEREAS, the special election would require the City to pay the cost of printing ballots
and poll workers, estimated at $10,000.00; and
WHEREAS, the Orange County Supervisor of Elections is encouraging municipalities in
Orange County, including the City of Ocoee, to hold any pending municipal elections on Orange
County Municipal Election Day, concurrently with the Presidential Preference Primary, on March
19, 2024; and
WHEREAS, the Orange County Supervisor of Elections has consented, pursuant to Florida
Statutes § 100.151, to making voter registration books available immediately to register to vote,
which will accommodate an election of the City of Ocoee on Orange County Municipal Election
Day, on March 19, 2024; and
WHEREAS, the Orange County Supervisor of Elections has committed to assuming the
cost of printing ballots, renting polling locations, and compensating the poll workers who will work
at the ten precincts in the City of Ocoee on Orange County Municipal Election Day; and
WHEREAS, under the circumstances it no longer is financially prudent to hold the election
for the District 4 seat on June 13, 2023, and
WHEREAS, the call of a special election scheduled for June 13, 2023 should be rescinded
and the election for the District 4 Commission seat should instead be called and scheduled for
Orange County Municipal Election Day, a general city election, on March 19, 2024; and
WHEREAS, section C-17 of the City Charter states in pertinent part, “The successor to the
office of…Commissioner shall be elected at the next general city election if such election is to be
held within twelve (12) months of the vacancy”; and
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WHEREAS, on January 10, 2023, the prior District 4 City Commissioner submitted a letter
resigning from the office of City Commissioner stating, “This resignation is effective on the date that
the Mayor is sworn into office in 2023, per the Florida Resign-to-Run Law, as set forth in Section
99.012, Florida Statutes”; and
WHEREAS, the District 4 seat on the City Commission became vacant when the City of
Ocoee Mayor was sworn into office on March 21, 2023; and
WHEREAS, a general city election on Orange County Municipal Election Day, March 19,
2024, will take place within one year of the when the vacancy in the District 4 seat began, on March
21, 2024; and
WHEREAS, section C-59 of the City Charter states, “A Charter Review Commission may
also be appointed by the City Commission at such times as deemed necessary by the City
Commission.;” and
WHEREAS, on April 18, 2023, the City Commission determined that a Charter Review
Commission should be appointed to consider and propose certain amendments to the City Charter,
including an enlarged residency requirement for City Commission candidates; and
WHEREAS, the City Commission determined that citizens should vote on proposed Charter
amendments at the next municipal election, on March 19, 2024; and
WHEREAS, the City Commission determines and adjudges that an election on March 19,
2024, for citizens to vote on proposed Charter amendments and the District 4 Commission seat will
be a general city election; and
WHEREAS, pursuant to Florida Statutes § 100.3605(2), the City Commission “may, by
ordinance, change the dates for qualifying and for the election of members of the governing body of
the municipality”; and
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WHEREAS, because the language of Florida Statutes § 100.3605(2) is permissive and not
mandatory, the City Commission can reschedule the election for the District 4 seat by Resolution in
accordance with the requirements of the City Code and Charter;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Recitals. The foregoing recitals are incorporated as if set forth at
length herein.
SECTION 2. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of
Florida, Chapter 166, Florida Statutes, chapter 5 of the City Code, and the City Charter.
SECTION 3. Special Election Rescinded. The City Commission of the City of
Ocoee hereby rescinds its call for, and scheduling of a special election for the District 4 City
Commission seat for June 13, 2023.
SECTION 4. General City Election Date. The City Commission of the City of
Ocoee hereby calls a general city election and adopts Orange County Municipal Election Day,
March 19, 2024, as the date for the District 4 election of “[t]he successor [who] shall serve for
the unexpired term of the member who created the vacancy” of the District 4 Commission seat.
The City Commission concurrently calls for this election on March 19, 2024 to serve as a
referendum on proposed amendments to the Ocoee City Charter as well as the Presidential
Preference Primary, and any other matters requiring a municipal election.
SECTION 5. Direction to the City Clerk and City Staff. The City Clerk and
City staff are hereby directed to undertake all administrative actions internally and with the
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Orange County Supervisor of Elections that may be necessary to cancel the special election
scheduled for June 13, 2023, and to instead hold a general city election as described herein on
March 19, 2024.
SECTION 6. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Resolution is, for any reason, held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portions of this
Resolution.
SECTION 7. Conflict. All Ordinances or parts of Ordinances, Resolutions or
parts of Resolutions in conflict herewith are hereby made ineffective to the extent of such
conflict.
SECTION 8. Effective Date. This Resolution shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this 2nd day of May, 2023.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
_________________________________
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
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(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION ON May 2, 2023
UNDER AGENDA ITEM NO._________
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this ___ day of _____________, 2023.
By:______________________________
Richard S. Geller, Special Counsel
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