HomeMy WebLinkAboutItem 06 First Reading of Ordinance Ratifying Resolution 2023-06 to Rescind Special Election foJune 13, 2023 and Calling for the General City Election Date to Coincide with the O/C Municipal Election Day & the Presidental Primary Date
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: May 16, 2023
Item #: 6
Contact Name: Melanie Sibbitt Department Director: Melanie Sibbitt
Contact Number: Ext. 1026 City Manager: Robert Frank
Subject: First Reading of Ordinance Ratifying Resolution 2023-06 to Rescind the City's Call
for a Special Election for June 13, 2023, and Calling for the General City Election Date to
Coincide with the Orange County Municipal Election Day and the Presidential Preference
Primary Date of March 19, 2024. (City Clerk Sibbitt)
Background Summary:
At the May 2, 2023, City Commission meeting, Attorney Richard Geller of Fishback Dominick LLP, provided
an interpretation of the City Charter as it relates to when the election can be held. Following his presentation,
the City Commission adopted Resolution No. 2023-06 rescinding the City's call for a special election for the
District 4 Commission seat scheduled for June 13, 2023; and instead, called for a general city election on
March 19, 2024, in order to coincide with the Orange County Municipal Election Day and the Presidential
Preference Primary for the District 4 Commission seat and proposed amendments to the City Charter. During
his presentation, Mr. Geller recommended the City Commission re-adopt the resolution as an ordinance so
that the Commission's determination to postpone the District 4 election to a general city election on March
19,2024, is unquestioningly legislative in nature.
Additionally, language related to designating the Orange County Canvassing Board as the City Canvassing
Board for the general city election is included in the ordinance, as was done in 2015, when the city adopted an
ordinance to change the 2016 municipal election to coincide with the 2016 Presidential Preference
Primary. The Orange County Supervisor of Elections also strongly encourages the designating of canvassing
to the Orange County Canvassing Board as there will be presidential candidates on the same ballot which
would require dual canvassing boards. The Orange County Canvassing Board uses the same criteria under
which the City board would operate.
Issue:
Should the Honorable Mayor and City Commissioners adopt an ordinance ratifying Resolution 2023-06 and
call for the General City Election Date to Coincide with the Orange County Municipal Election Day and the
Presidential Preference Primary Date of March 19, 2024, for the District 4 Commission seat and proposed
Amendments to the City Charter?
Recommendations:
Staff recommends the Honorable Mayor and City Commissioners adopt an ordinance ratifying Resolution
2023-06 and call for the General City Election Date to Coincide with the Orange County Municipal Election
Day and the Presidential Preference Primary Date of March 19, 2024, for the District 4 Commission seat and
proposed Amendments to the City Charter.
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City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
Attachments:
1. Ordinance
Financial Impacts:
A savings of approximately $10,000.
Type of Item: First Reading
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ORDINANCE NO. 2023-
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
RATIFYING CITY OF OCOEE RESOLUTION 2023-06;
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 A QUALIFYING PERIOD
AND SCHEDULE FOR RUN-OFF ELECTION TO BE
APPLIED IN CONJUNCTION WITH SAID ELECTION;
DESIGNATING THE ORANGE COUNTY CANVASSING
BOARD AS THE CITY CANVASSING BOARD FOR THE
GENERAL CITY 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
and Ordinance 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
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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
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 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 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, section C-17 of the City Charter states in pertinent part, and mandates, “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, 2023; 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, in City of Ocoee Resolution 2023-06, adopted and approved on May 2, 2023
at the City Commission meeting:
(a) Rescinded the call and scheduling of a special election scheduled for June 13,
2023; and
(b) Called a general city election and adopted 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
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vacancy” of the District 4 Commission seat and to serve as a referendum on
proposed amendments to the Ocoee City Charter, the Presidential Preference
Primary, and any other matters requiring a municipal election; and
(c) Directed the City Clerk and City staff to undertake all administrative actions
internally and with the 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.
WHEREAS, pursuant to Florida Statutes § 100.3605(2), a City Commission “may, by
ordinance, change the dates for qualifying and for the election of members of the governing body of
the municipality”; and
WHEREAS, the City Commission of the City of Ocoee wishes to ratify Resolution 2023-
06 in an ordinance to establish beyond question that changing the dates for qualifying and election
of the District 4 Commission seat is a legislative act within the Commission’s reasonable discretion;
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 Ordinance 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. Resolution 2023-06 Ratified. The City Commission of the City
of Ocoee hereby ratifies City of Ocoee Resolution 2023-06 in its entirety, as if set forth fully
herein, and as indicated in the following Sections of this Ordinance.
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SECTION 4. Special Election Rescinded. The City Commission of the City of
Ocoee hereby ratifies the rescinding of its call for, and scheduling of a special election for the
District 4 City Commission seat for June 13, 2023.
SECTION 5. General City Election Date. The City Commission of the City of
Ocoee hereby ratifies its call for a general city election and adoption of 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, and to serve as a referendum on proposed amendments to the
Ocoee City Charter, the Presidential Preference Primary, and any other matters requiring a
municipal election. The following provisions shall apply to the election for District 4
Commissioner held on March 19, 2024:
(a) To meet the requirements of the Orange County Supervisor of
Elections, the qualifying period for the general city election shall
commence at noon on Friday, December 1, 2023, and shall
terminate at noon on Friday, December 8, 2023;
(b) Pursuant to the provisions of Section C-50 of the City of Ocoee
Charter, the canvassing of absentee, provisional, and overseas
ballots for the general city election will be conducted by the
Orange County Canvassing Board.
(c) Pursuant to Section 5-2 of the City Code, in the event that the
results of the general city election require a run-off election, such
run-off election shall be held on Tuesday, April 9, 2024. A run-off
election would be conducted at the direction and cost of the City
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and would be canvassed by the City Canvassing Board as provided
in Section C-50 of the City of Ocoee Charter.
SECTION 6. Filing Fee and Election Assessment. In accordance Section 5-4
of the City Code, a candidate for the Office of City Commissioner shall pay a municipal filing
fee of $50.00 and, in accordance with Section 99.093, Florida Statutes, a state election
assessment in an amount equal to 1 percent of the annual salary of the office sought, which is
currently $40.00.
SECTION 7. Direction to the City Clerk and City Staff. The City
Commission of the City of Ocoee hereby ratifies its direction to the City Clerk and City staff to
undertake all administrative actions internally and with the 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 8. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance 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
Ordinance.
SECTION 9. Conflict. To the extent any Ordinances or parts of Ordinances,
Resolutions or parts of Resolutions are in conflict herewith, this Ordinance controls.
SECTION 10. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this 6th day of June, 2023.
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APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
_________________________________
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION ON JUNE 6, 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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