HomeMy WebLinkAboutItem 09 Appointment of a Charter Review Commission, in accordance with the City of Ocoee Charter, Article X, Section C-59.
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 #: 9
Contact Name: Melanie Sibbitt Department Director: Melanie Sibbitt
Contact Number: Ext. 1026 City Manager: Robert Frank
Subject: Appointment of a Charter Review Commission, in accordance with the City of Ocoee
Charter, Article X, Section C-59. (City Clerk Sibbitt)
Background Summary:
According to Article X, Section C-59 of the Charter, "A Charter Review Commission shall be appointed by the
City Commission no later than December 15 in the year 1999 and no later than December 15 every ten (10)
years thereafter. A Charter Review Commission may also be appointed by the City Commission at such times
as deemed necessary by the City Commission. The Charter Review Commission shall consist of five (5)
members who shall be appointed by a majority vote of the City Commission and who shall serve on such a
Commission for terms of one (1) year unless such terms are extended by the City Commission. The Mayor
shall also appoint two (2) alternate members, subject to the approval of the City Commission, who may fill in
for any member absent from a Charter Review Commission meeting". The previous Charter Review
Commission was appointed at the September 6, 2016, Regular City Commission meeting. They held nine (9)
meetings beginning October of 2016 through June of 2017, with ballot questions placed on the March 2018
Municipal Election.
On April 18, 2023, the City Commission voted unanimously to proceed with establishing a Charter Review
Commission to include a qualified individual in Municipal Elections to work with the Charter Review
Commission as a facilitator.
Issue:
In accordance with C-59 of the City Charter, the City Commission shall appoint, by majority vote, a Charter
Review Commission consisting of five (5) members who shall serve on such Commission for terms of one (1)
year unless such terms are extended by the City Commission. The Mayor shall also appoint two (2) alternate
members, subject to the approval of the City Commission, who may fill in for any member absent from a
Charter Review Commission meeting.
Recommendations:
Staff recommends the Honorable Mayor and Commissioners a) provide names for appointment to the Charter
Review Commission to the City Clerk by Friday, May 12, 2023; and b) direct City staff to provide the
credentials for qualified individuals to select as a Charter Review Commission facilitator, for consideration and
approval at the Regular City Commission Meeting on May 16, 2023.
Attachments:
1. ARTICLE_X___Charter_Review_Commission
2. Proposed draft timeline
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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
Page 377 of 393
- CHARTER
ARTICLE X Charter Review Commission
Ocoee, Florida, Code of Ordinances Created: 2022-09-11 14:11:01 [EST]
(Supp. No. 53)
Page 1 of 2
ARTICLE X Charter Review Commission
§ C-59. Appointment of members; alternate members; absences. [Amended 12-1-2009 by
Ord. No. 2009-030 1; 10-3-2017 by Ord. No. 2017-0252]
(1) A Charter Review Commission shall be appointed by the City Commission no later than December 15 in
the year 1999 and no later than December 15 every ten (10) years thereafter. A Charter Review
Commission may also be appointed by the City Commission at such times as deemed necessary by the
City Commission. The Charter Review Commission shall consist of five (5) members who shall be
appointed by a 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. The Mayor shall also
appoint a first and second alternate member, subject to the approval of the City Commission, who may
fill in for any member absent from a Charter Review Commission meeting.
(2) Alternate members shall serve as a regular member of the Charter Review 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 Charter Review
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.
§ C-60. Removal; vacancies.
A. Removal. Any member of the Charter Review Commission may be removed by the City Commission in
accordance with the following procedures:
(1) 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 Charter Review Commission sought to be removed.
(2) 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.
(3) 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
1Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010.
Said ordinance provided for an effective date of 6-1-2010.
Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-13-2018.
Said ordinance also provided for an effective date of 6-1-2018.
Page 378 of 393
Created: 2022-09-11 14:11:01 [EST]
(Supp. No. 53)
Page 2 of 2
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.
B. Vacancies. In the event of a vacancy on the Charter Review Commission, the first alternate will assume
the vacant seat. In the event of a second vacancy on the Charter Review Commission, the second
alternate will assume the vacant seat. If any vacancy occurs in the Charter Review 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. [Amended 10-3-2017 by Ord. No. 2017-025 2]
§ C-61. Powers and duties. [Amended 12-1-2009 by Ord. No. 2009-030 3; 10-3-2017 by Ord.
No. 2017-0253]
The Charter Review Commission shall be empowered to conduct a comprehensive study of any or all phases
of city government. If changes are recommended, the Charter Review Commission shall transmit its proposed
report with Charter amendments in ordinance form to the City Commission for comment. The City Commission
shall, within 45 days of receipt, review the report. If the City Commission has comments or recommendations, the
City Commission will return its comments or recommendations, if any, to the Charter Review Commission within
the same 45 day period. The Charter Review Commission shall consider the comments or recommendations of the
City Commission and then shall make its own final report to the City Commission, in ordinance form, which shall be
adopted verbatim by the City Commission and which shall be placed on the ballot at the next municipal election.
The final report and ordinance must be adopted by the City Commission at least ninety (90) days prior to the
election, or as otherwise may be required by law. In the same election, the City Commission may sponsor its own
proposal for inclusion on the ballot. In the event of any conflict among proposals, that proposal receiving the
greatest number of affirmative votes shall prevail to the extent of such conflict.
§ C-62. [Repealed]. [Amended 12-1-2009 by Ord. No. 2009-030]
§ C-63. Officers.
The Charter Review Commission shall create and elect appropriate officers as it deems necessary for the
orderly conduct of its specific duties.
§ C-64. Expenses.
The City Commission shall appropriate funds to defray reasonable expenses of the Charter Review
Commission.
2Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-13-2018.
Said ordinance also provided for an effective date of 6-1-2018.
3Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010.
Said ordinance provided for an effective date of 6-1-2010.
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.
Page 379 of 393
Date Board or Responsible Party Task Authority Misc.
08-15-2023 Charter Review Commission Finalize recommendations/ordinance for
presentation to the City Commission
C-61 Charter
The City Commission shall, within
45 days of receipt, review the
report. If the City Commission has
comments or recommendations,
the City Commission will return its
comments or recommendations, if
any, to the CRC within the same
45-day period.
09-29-2023 City Commission/Charter Review
Commission
Comments or recommendations need to
be received by the CRC
C-61 Charter
The City Commission shall, within
45 days of receipt, review the
report. If the City Commission has
comments or recommendations,
the City Commission will return its
comments or recommendations, if
any, to the CRC within the same
45-day period.
10-03-2023 City Commission First reading of Ordinance CRC chair bring report to the City
Commission along with first
reading of the ordinance
10-17-2023 City Commission Public hearing/adoption of Ordinance Second reading of ordinance;
charter amendments transmitted
to SOE
12-12-2023 Orange County Supervisor of
Elections Office
Deadline for Charter questions per
Supervisor of Election Bill Cowles. Charter
questions must be provided to SOE by 12-
12-2023 or sooner, if possible.
C-61 Charter
The final report and ordinance
must be adopted by the City
Commission at least ninety (90)
days prior to the election, or as
otherwise may be required by law.
03-19-2024 Orange County Supervisor of
Elections Office
Election Day*
*Provided the City Commission determines
that the March 19, 2024 Presidential
Primary Election qualifies as a “municipal
election” as discussed at the April 18th City
Commission Meeting.
C-61 Charter
The final report and ordinance
must be adopted by the City
Commission at least ninety (90)
days prior to the election, or as
otherwise may be required by law.
Page 380 of 393
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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1
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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2
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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3
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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4
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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5
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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