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HomeMy WebLinkAbout06-29-2023 Agenda PacketOCOEE CHARTER REVIEW COMMISSION Ocoee City Hall 1 N. Bluford Avenue Ocoee, Florida June 29, 2023 AGENDA 6:15 PM • CALL TO ORDER Pledge of Allegiance and Moment of Silence Roll Call and Determination of Quorum •APPROVAL OF MINUTES 1. June 15, 2023 Minutes 1. City Charter Comparison Matrix • PUBLIC COMMENTS •ADJOURNMENT Notice: Any person who desires to appeal any decision at this meeting will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes testimony and evidence upon which the appeal is based. In accordance with Florida Statute 286.26: Persons with disabilities needing assistance to participate in any of these proceedings should contact the Office of the City Clerk, 1 N. Bluford Avenue, Ocoee FL 34761, (407) 905-3105, 48 hours in advance of the meeting. More than one Commissioner may participate or hear discussions regarding a matter which will come before the Commission for action. Page 1 of 22 14 loku � Z/� fIQIida Charter Review Commission Ocoee City Nall 1 N. Bluford Avenue Ocoee, Florida June 15, 2023 MINUTES 6:15 p.m. • Call to Order Vice -Chair Sills called the meeting to order at 6:15 p.m., in the Commission Chambers of City Hall, located at 1 N. Bluford Avenue. He led the Pledge of Allegiance to the Flag followed by a moment of personal reflection. Recording Clerk Sibbitt called roll and declared a quorum present. Present: Vice -Chair Sills and Members Chacon, Lovejoy, Lowrie, and Alternate Member Butler (2"d Alt.). Also present were CRC Facilitator/Board Attorney Geller, and Recording Clerk Sibbitt. Absent: Chair Forges and Alt. Member McTavish (1st Alt.) Guests: None • BRIEF INTRODUCTION OF MEMBER Since he was not present at the first Charter Review Meeting, Member Chacon briefly introduced himself. CRC Facilitator/Board Attorney Geller advised that the PowerPoint presentation on Sunshine Law was provided to Member Chacon. He provided a brief overview of Sunshine Law, and asked Member Chacon to contact him should he have any questions. • APPROVAL OF MINUTES Motion: Move to approve June 8, 2023, Charter Review Commission Meetinq Minutes as presented; Moved by Member Lowrie, seconded by Member Chacon; Motion carried 5-0. • DISCUSSION AND REVIEW OF CURRENT CITY CHARTER CRC Facilitator/Board Attorney Geller shared an email he received from Chair Forges with proposed discussion topics. It was decided this could be discussed when Chair Forges is present at the next meeting. CRC Facilitator/Board Attorney Geller further Page 2 of 22 Charter Review Commission June 15, 2023 explained the City Charter comparison matrix he provided in their packet which incorporates the updated changes made during the June 8th CRC Meeting. The Board discussed the following items within the comparison matrix (pages 1-16): C-11 Eligibility. Residency Requirement and Proof. Proposed wording added: (1) Add 1-year residency requirement: "Each candidate for the office of Mayor shall, for at least one year before qualifying as a candidate for such office, be a bona fide resident of the city. The Mayor shall, during the entire term of office, be a bona fide resident of the city. Each candidate for the office of Commissioner shall, at the -f rp for at least one year before qualifying as a candidate for such office, be a bona fide resident of the single - member district which such candidate seeks to represent. A candidate for Mayor or Commissioner shall furnish such proof of meetinq the residency requirement as may be prescribed by ordinance." Motion: Move to approve the wording incorporated in C-11 as presented in the comparison matrix drafted by CRC Facilitator/Board Attornev Geller; Moved by Member Loveiov, seconded by Member Lowrie; Motion carried 5-0. 5-3 City Code. Discussed proof of qualifying paperwork. (2) Add proof of 1-year residency by ordinance Suggested language in the ordinance: 'A candidate shall furnish proof of one-year residency to the City Clerk by at least two of the following: qovernment-issued photo identification, a deed, lease, voter reqistration card, or utility bills. " Consensus of the board was to have CRC Facilitator/Board Attorney Geller draft lanquaqe to incorporate into 5-3 of the Citv Code on requirements for proof of residency durinq qualifvinq for an election. C-17 - Successors and Vacancies Discussion ensued on differences between Municipal, Special, and General Election. CRC Facilitator/Board Attorney Geller directed the board's attention to C-17: Successors in the matrix, as a recommended definition was added that read, 'A `general city election' is any municipal election that is not a special election or regular election. " Discussion ensued on "calling" versus "holding" an election followed by a discussion on the resign to run statute and whether C-17 be amended to require an election to fill a vacancy at the same election in which the vacating Commissioner or Mayor is running. Discussion ensued on the request for a criminal background check and the typical timeframe to conduct this type of request. CRC Facilitator/Board Attorney Geller suggested requiring the voter registration card at the time of qualifying. 21� Page 3 of 22 Charter Review Commission June 15, 2023 • C-20 — Signature on Contracts The Mayor shall sign all deeds, contracts, agreements, bonds, notes, obligations, and other legal documents of the city. After a brief discussion, it was decided to table this item to allow Chair Forges to be present to explain the comments he provided in his email to the board. Motion: Move to table discussion on C-20 — Signature on Contracts until the June 29t" CRC meeting; Moved by Vice -Chair Sills, seconded by Member Lovejoy; Motion carried 5-0. • C-21 — Residency of City Manager Discussion ensued on whether there should be flexibility on the residency requirement, and/or should the City Commission have the ability to waive the residency requirement. The Charter previously allowed such a waiver. Recess 7:39 PM — 7:46 PM Motion: Move to table discussion on C-21 — Residency of City Manaqer and discussion on Mavor's siqnature required for contracts of emplovees until the June 29t" CRC meetinq; Moved by Member Lowrie, seconded by Member Chacon; Motion carried 5-0. • C-28 — City Clerk Discussion ensued on strikethrough and clean-up of wording. C-28 A. There shall be a City Clerk who shall be appointed by the City Manager. The City Clerk shall be under the direction and supervision of the City Manager. The salary of the City Clerk shall be determined by the City Manager, the C emmiscisn subject to the budget approval of the City Commission. Motion: Move to clean-up lanquage to C-28- City Clerk to read, "...subiect to the budqet approval of the Citv Commission."; Moved by Member Chacon„ seconded by Member Loveiov; Motion carried 5-0. • C-45 — Election Dates Discussion ensued on whether to change election dates to even number regular elections to allow piggyback on presidential elections. Motion: Move to not consider anv changes to C-45 Election Dates; Moved bii Member Loveiov, seconded by Member Chacon: Motion carried 5-0. Discussion ensued on removing swearing -in time from C-45 (B) and replace with "immediately prior to the next regularly scheduled meeting." 3 1 � Page 4 of 22 Charter Review Commission June 15, 2023 Any person elected to the office of Mayor or the office of City Commissioner shall be sworn into office immediately prior to commencement of the next regularly scheduled City Commission meeting held after the results of the election are declared by the Canvassing Board as set forth in section C-50 of this charter. Motion: Move to remove swearinq-in time and replace it with "immediately prior to the next reqularly scheduled meetinq," in section C-45 (B); Moved by Member Lowrie, seconded by Member Loveiov; Motion carried 5-0. • C-49 — Conduct of Elections Discussion ensued on should the Charter expressly allow the setting of elections by resolution or ordinance. Further discussion ensued on the runoff election being held no more than thirty (30) days following the regular municipal election for such office. C-46 — General Election Rules C-46 C. In the event that no candidate for a city elective office receives a majority of the votes cast for that office, then a runoff election between the two (2) candidates who received the most votes for such office shall be held at least seven (7) days and no more than thirty (30) days following the regular municipal election for such office. Motion: Move to not consider anv changes to C-46 (C); Moved by Member Chacon, seconded by Member Loveiov; Motion carried 5-0. Discussion ensued on the one -week timeframe for the qualifying period and if it should be longer. Motion: Move to not consider chanqes to qualifvinq period; Moved by Vice - Chair Sills, seconded by Member Lowrie; Motion carried 5-0. • C-50 — Canvassing Board Discussion ensued on should the City Clerk be a member of the City's Canvassing Board. The City Clerk is a member of most municipal canvassing boards. Testing and tabulation of machines, public viewing and processing of vote -by -mail ballots, election day canvassing, and manual audit of the election, all require the presence of a canvassing board member. Consensus of the board was to have CRC Facilitator/Board Attorney Geller draft lanquaqe similar to Winter Garden for Section C-50 to make the Citv Clerk a Canvassinq Board member and include a first and second alternate selected by a maioritv vote of the Citv Commission. 411" Page 5 of 22 Charter Review Commission June 15, 2023 CRC Facilitator/Board Attorney Geller inquired if any comments from the public or Elected Officials may have been received by a Charter Review Commission member to share. A brief discussion ensued on how the meetings are currently noticed and open to the public, the presentation of the CRC report before the City Commission, and the requirement of a public hearing once the ordinance is finalized. • PUBLIC COMMENTS Brad Lomneck, Ocoee Resident, encouraged the board to define a successor in C-17 and thanked the board for their discussions and commitment to this board. He further suggested a change to the timeframe for notifications for elections as defined in the code. Discussion ensued on the term successor, and CRC Facilitator/Board Attorney Geller advised he would look into this concern. • ADJOURNMENT The meeting adjourned at 9:06 p.m. Melanie Sibbitt, Recording Clerk Chair 51F.. Page 6 of 22 I'M III Ill M ' '' ' WORKING DRAFT - 6/13/23 C-8: POWERS OF THE CITY Discussion: Allow liberal construction of the City's powers without restriction to particular powers? Discussion: Preemption of Municipal Powers: Federal law can preempt and supersede state law under the Supremacy Clause of the United States Constitution. The State of Florida and Orange County can preempt and supersede municipal law. On a case by case basis, municipalities can draft legislation narrowly to avoid contradicting state law and preemption challenges. Proposed • .g-"City ordinancesh s be construed y, o avoid or minimize preemption by County portionState, or Federal law. Any provision or preempted by County,Federal remaininglaw shall be severed from the ordinance, provided that a purpose of the ordinance as determined by the City, can be effecte thereby preserving the validity of the ordinance." I Resign to Run Statute Fla. Stat. § 99.012(3)(a): No officer may qualify as a candidate for another state, district, county, or municipal public office if the terms or any part thereof run concurrently with each other without resigning from the office he or she presently holds. (b) The resignation is irrevocable. • 0 § C-8. Powers of the city. The City of Ocoee shall have all governmental, corporate and proprietary powers and all other powers possible for a city to have under the Constitution and the laws of Florida as fully and completely as though they were specifically enumerated in this Charter. Except as otherwise provided herein, the following powers of the city shall be construed liberally and in favor of the city, and the specific mention of particular powers in the Charter shall not be construed as limiting, in any way, the powers granted to the city under the Constitution and the laws of Florida: LTA 'Ll17:47ii1:40 Article IV — Powers of the Town The Town shall have all governmental, corporate and proprietary powers and authority to enable it to: 1) conduct municipal government, 2) perform municipal functions and 3) render municipal services. The Town may exercise any power for municipal purposes except as otherwise provided by law. The powers of the Town shall be construed liberally in favor of the municipality, limited only by the Constitution, the laws of Florida, and specific limitations contained herein. The specific mention of particular powers in this Charter shall not be construed as limiting in any way the general power granted in this article. H_1 01:2 Sec. 1.03. - General powers of city. The city shall have all governmental, corporate, and proprietary powers possible for a city to have under the constitution and laws of the State of Florida as though they were specifically enumerated in this Charter to enable it to conduct municipal government, perform municipal functions and render municipal services, and the city may exercise any power for municipal purposes except as expressly prohibited by law or this Charter. Sec. 1.04. - Construction The powers of the city shall be construed liberally in favor of the city, limited only by the constitution and general and special laws of the State of Florida and specific limitations in this Charter. WINTER GARDEN • Sec. 3. - Powers of city; general. The City of Winter Garden hereby created, established and organized, shall have all governmental, corporate, and proprietary powers and authority to enable it to conduct municipal government; perform municipal functions; and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law. The powers of the City of Winter Garden shall be construed liberally in favor of the municipality, limited only by the Constitution, general law, and specific limitations contained herein. The specific mention of particular powers in the charter shall not be construed as limiting in any way the general power granted in this section. All Ii!k14:a91N Sec. 1.01. - Creation, powers, and construction. The City of Winter Park is created which shall have all governmental, corporate, and proprietary powers to enable it to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law. The powers of the city under this Charter shall be construed liberally in favor of the city, and the specific mention of particular powers in the Charter shall not be construed as limiting in any way the general power granted in this article. Page 7 of 22 OCOEE OCOEE (c) The written resignation must be submitted at least 10 days prior to the first day of qualifying for the office he or she intends to seek. (d) The resignation must be effective no later than the earlier of the following dates: 1. The date the officer would take office, if elected; or 2. The date the officer's successor is required to take office. Discussion: Should the CRC propose to amend C-17 to require an election to fill a vacancy be required at the same election in which the vacating Commissioner or Mayor is running? The Mayor suggested that the resign -to -run statute has been applied differently for different races. See C-17 for proposed language. ELECTIONS ARTICLE III CITY COMMISSION DISCUSSION: The Orange County Supervisor of Elections proposes that municipalities eliminate run-off elections and allow victory by plurality instead of majority. CRC decision: Unanimous rejection of the Supervisor of Elections' proposal. RELATED: C-46 WINDERMERE WINDERMERE Page 2 of 16 Rajority of the votes Gast for e• WINTER GARDEN WINTER GARDEN SesT=25T=General and runoff elections; ta4nry office offi Page 8 of 22 C-11: Eligibility. Residency Requirement and Proof. (What does Statute require?) Discussion: City Commissioners discussed adding a 1 year residency requirement for candidates for the Commission. OCOEE OCOEE Only qualified electors of the city shall be eligible to qualify for and to hold the offices of Mayor and Commissioner. Each candidate for the office of Mayor shall, at the time of qualifying as a candidate for such office, be a bona fide resident of the city. The Mayor shall, during the entire term of office, be a bona fide resident of the city. Each candidate WINDERMERE WINDERMERE Section 5.02. - Qualifications to Hold Office. Any person shall be eligible to hold the office of Town Council member provided the person shall have attained the age of eighteen (18) years prior to election or appointment, is a citizen of the United States, and Page 3 of 16 (d) All FUR off eleGtionc vhag-be held on the SeGORd Tuesday of rry vcrvna--r-av�a'a�-ern Argil of the oleGtion year. Sec. 4.03. - Qualifying Candidates for the offices of mayor and city commissioner shall qualify by filing a written notice of candidacy with the city clerk at such time and in such manner as may be prescribed by ordinance. Each member of the city council, which includes the mayor, shall WINTER GARDEN WINTER GARDEN Sec. 12. - Qualifications. (1) Candidates. Candidates for the city commission shall have been residents of the city and of the district in which they run for one (1) year immediately prior to the end of the qualifying period for the office and shall be registered voters in their district wwwim V _; . Sec. 3.02. - Qualifications. Candidates for the office of city commissioner or mayor shall qualify for such office by filing a written notice of candidacy with the city clerk at such time and in such manner as may be prescribed by ordinance. Page 9 of 22 CRC Decision: Unanimous approval to add 1 year residency requirement for candidates for Mayor or Commissioner, in the Charter, and to recommend requiring proof of residency in section 5-3 of the City Code, as follows: "Each candidate for the office of Mayor shall, t h t$ for at least one vear before qualifying as a candidate for such office, be a bona fide resident of the city. The Mayor shall, during the entire term of office, be a bona fide resident of the city. Each candidate for the office of Commissioner shall, for at least one vear before qualifying as a candidate for such office, be a bona fide resident of the single -member district which such candidate seeks to represent. A candidate for May2r or Commissioner shall_furnish u _pr eetinq the one vear resi ency requirement as maV be prescribed by ordinance." (1) Add proof of 1 year residency by ordinance Suggested language for proposed Ordinance amending section 5-3 of the City Code: § 5-3. Qualification of candidates. A. All candidates for election to office in City government, including an incumbent, shall qualify with the City Clerk by filing, on such form as may be required by the City Clerk, qualification papers designating the office for which the person is a candidate. _Such qualification papers shall be accompanied by the qualifying fee provided for in § 5-4 of the City Code. B. A candidate for Mavor shall furnish to the CitV 61—erk proof of at onpApar of-resi,d_enqy in the CitV OCOEE OCOEE for the office of Commissioner shall, at the time of qualifvinq as a candidate for such office, be a bona fide resident of the single - member district which such candidate seeks to represent. Each Commissioner shall, during the entire term of office, be a bona fide resident of the single - member district which such Commissioner represents. Effective with each first full term commencing following January 1, 2022, the Mayor or a commissioner who has held the same district office for two full terms is prohibited from appearing on the ballot for election to that office. (3) Qualifying period is set by ordinance, not by the Charter: WINDERMERE WINDERMERE will have been a permanent resident of the Town for twelve (12) consecutive months immediately prior to the resident's election or appointment. For the purpose of qualifying for membership on the Town Council, persons residing within any area at the time of the annexation of that area to the Town shall be deemed to have been residents of the Town for such period of time as such persons have been residents of such annexed area of the Town. Page 4 of 16 be a resident of the City of Apopka, Florida, for a period of one near next preceding his or her election to office and shall be a registered voter pursuant to Florida law. WINTER GARDEN WINTER GARDEN for said period, and shall maintain residency and voter registration in such district. Notwithstanding the foregoing, in the event a qualified candidate for commissioner fails to meet the residency and voter registration requirements for holding office solely as the result of a redistricting that occurs after the qualifying period for the election of such office, such qualified candidate for commissioner may continue to run for the office which he/she qualified and if elected, serve without forfeiture under section 15 for the remainder of his/her term provided the qualified candidate maintains his/her residency and voter registration existing at the time of redistricting while running for office and, if elected, while serving as commissioner. (2) Members. Members of the city commission must maintain the foregoing qualifications in subsection (1) during their term of office. In the event a commissioner fails to meet the residency and voter registration requirements for holding office solely as the result of a redistricting or charter revision that occurs during the term of office, such commissioner shall not be deemed to have forfeited such office and may continue to serve in office for the remainder of the commissioner's term provided the commissioner maintains his/her residency and voter registration existing at the time of redistricting. Page 10 of 22 OCOEE OCOEE shall furnish to the Citv Clerk proof iff- at least on and a candidate for Commissioner is runninq. Such proof of residency shall consist of a voter Legistration the District in which the candidate least two of the followinq- a ,govern ment-issued photo identification card, a deed, lease, or !Itilitv bills. (ANY OTHER TYPES OF PROOF"? WHAT IF A CANDIDATE IS LIMING WITH FAMILY WITHOUT THEIR NAME CAN A LEASE, DEED, OR UTILITY BILLS? ADD HOMESTEAD EXEMPTION CARD? NOTARIZED AFFIDAVIT UNDER PENALTY OF PERJURY?) C. Such qualification papers shall be filed and the qualifying fee paid at any time after 12:00 noon on the day which is five business days (excluding weekends and holidays) prior to the date which is 46 calendar days prior to the scheduled date of the regular municipal election of the year in which the election for such office is scheduled, but not later than 12:00 noon on the date which is 46 calendar days prior to the scheduled date of the regular municipal election of the year in which the election for such office is scheduled, or such other 5 business, dart qualifvinq period for a reqular, special, or q neral election as a e established by the City Co mission resolution. Should the last day upon which said qualification papers may be filed fall on a weekend or another day upon which the City Clerk's office is not open for business, then the deadline for said person to file qualification papers shall be extended to 12:00 noon on the next day on which the WINDERMERE WINDERMERE Page 5 of 16 WINTER GARDEN WINTER GARDEN wawim V _; . Page 11 of 22 City Clerk's office is open for business. Qualifying Period DISCUSSION: Increase qualifying period to allow criminal background check? Argument: Someone will always qualify on the last day, leaving insufficient time for a background check. CRC Decision: Motion to leave qualifying period as one week in duration approved unanimously. Facilitator Recommendation: Give the City Commission authority to schedule the qualifying period by resolution, including to accommodate requirements of the Supervisor of Elections. Fla. Stat. § 99.061 Method of qualifying for nomination or election to federal, state, county, or district office.— (1) The provisions of any special act to the contrary notwithstanding, each person seeking to qualify for nomination or election to a federal, state, or multicounty district office, other than election to a judicial office as defined in chapter 105 or the office of school board member, shall file his or her qualification papers with, and pay the qualifying fee, which shall consist of the filing fee and election assessment, and party assessment, if any has been levied, to, the Department of State, or qualify by the petition process pursuant to s. 99.095 with the Department of State, at any time after noon of the 1st day for qualifying, which shall be as follows: the 120th day prior to the primary election, but not later than noon of the 116th day prior to the date of the primary election, for persons seeking to OCOEE WINDERMERE OCOEE WINDERMERE § 5-3. Qualification of candidates. Section 10.02. - Nominations. All candidates for election to office in City government, including an incumbent, shall qualify with the City Clerk by filing, on such form as may be required by the City Clerk, qualification papers designating the office for which the person is a candidate. Such qualification papers shall be accompanied by the qualifying fee provided for in § 5-4 of the City Code. Such qualification papers shall be filed and the qualifying fee paid at any time after 12:00 noon on the day which is five business days (excluding weekends and holidays) prior to the date which is 46 calendar days prior to the scheduled date of the regular municipal election of the year in which the election for such office is scheduled, but not later than 12:00 noon on the date which is 46 calendar days prior to the scheduled date of the regular municipal election of the year in which the election for such office is scheduled or such othersi sday qualifyinq period for a reqular, special, r general! cti s may be established t e City Commission vresolution. Should the last day upon which said qualification papers may be filed fall on a weekend or another day upon which the City Clerk's office is not open for business, then the deadline for said person to file qualification papers shall be extended to 12:00 noon on the next day on which the City Clerk's office is open for business. (a) Candidates for the office of Town Council and Mayor shall be nominated by the petition of not less than twenty-five (25) qualified electors. Electors may sign more than one candidate's petition. The signatures of the electors on the petition shall be executed in ink. Each signer shall state their residence address next to their signature. The signed petition shall be filed with the Town Clerk no earlier than ninety (90) days and not later than sixty (60) days before the election to vote upon the nominees. (b) No nominating petition shall be accepted unless accompanied by a signed acceptance of the nomination, a sworn statement of residency, and a qualifying fee of twenty- five dollars ($25.00). (c) Within five (5) working days after the filing of a nomination petition, the Town Clerk shall notify the candidate and the person who filed the petition whether or not the nomination petition satisfies the requirements prescribed by this Charter. If the petition is found insufficient, the Town Clerk shall return it forthwith to the person who filed it with a statement certifying why it is insufficient. Within the regular time for filing a petition, a replacement petition may be filed for the same Page 6 of 16 Sec. 30-21. - Election date; qualifying period; early voting. (a) The general elections within the city shall be held on the second Tuesday of March, and all run-off elections shall be held on the second Tuesday in April, in those years when required for the election of a city official, or as amended by ordinance or law at least six months prior to the city general election. (b) The qualifying period for the city general elections shall be in accordance with the provisions of the Florida Election Code, unless amended by ordinance. If any portion of that period falls on a weekend or legal holiday, the qualifying period shall be extended by one day for each day during the specified interval which falls on a Saturday, Sunday or legal holiday WINTER GARDEN WINTER GARDEN Sec. 2-256. - Registration of candidates. (a) Registration period. The period within which registration of all candidates for the offices of mayor -commissioner and commissioner for the districts for which the general election is to be held shall commence on noon of the third Tuesday in January of the year of election. The registration of candidates shall terminate at noon on the seventh day after the date of commencement of registration. If any city recognized holiday falls within the seven-day registration period, the registration period shall be extended by the same number of holiday(s). Sec. 3.02. - Qualifications. Candidates for the office of city commissioner or mayor shall qualify for such office by filing a written notice of candidacy with the city clerk at such time and in such manner as may be prescribed by ordinance. Page 12 of 22 OCOEE WINDERMERE OCOEE WINDERMERE qualify for nomination or election to candidate. The Town Clerk shall federal office or to the office of the state keep on file all petitions found attorney or the public defender; and noon sufficient at least until the of the 71 st day prior to the primary expiration of the term for which election, but not later than noon of the the candidates are nominated in 67th day prior to the date of the primary those petitions election, for persons seeking to qualify for nomination or election to a state or multicounty district office, other than the office of the state attorney or the public defender. (2) The provisions of any special act to the contrary notwithstanding, each person seeking to qualify for nomination or election to a county office, or district office not covered by subsection (1), shall file his or her qualification papers with, and pay the qualifying fee, which shall consist of the filing fee and election assessment, and party assessment, if any has been levied, to, the supervisor of elections of the county, or shall qualify by the petition process pursuant to s. 99.095 with the supervisor of elections, at any time after noon of the 1 st day for qualifying, which shall be the 71st day prior to the primary election, but not later than noon of the 67th day prior to the date of the primary election. Within 30 days after the closing of qualifying time, the supervisor of elections shall remit to the secretary of the state executive committee of the political party to which the candidate belongs the amount of the filing fee, two-thirds of which shall be used to promote the candidacy of candidates for county offices and the candidacy of members of the Legislature. Question: Can ex -felon run? Answer: Only if rights are restored via application of clemency to the Governor. C-17: Successors The successor to the office of Mayor Section 5.03. - or Commissioner shall be elected at Vacancies. the next general city election if such election is to be held within Page 7 of 16 APOPKA WINTER GARDEN • Sec. 17. - Vacancies in Sec. 2.07. - Vacancies; commission. forfeiture of office; filling of • vacancies. Page 13 of 22 Recommended definition: " `general city election' is any municipal election that is not a special election or re ular election." Proposed language: C. 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 as an interim Commis i r until the successor is elected. If a vacancy occurs in the office of Mayor, the Mayor pro tern shall serve as an interim Mayor until the successor is elected. The City Commission shall appoint an interim Commissioner to fill the vacancy created by the Mayor pro tem serving as Mayor; such interim Commissioner shall serve until such time as a Mayor is elected. The Mayor pro tem shall resume representation of his single - member district for the remainder of the term. 2. The successor to the office of Mayor or Commissioner shall be elected at the &amo olcction in which o resiQninq Commissioner io runninq for anclLhor offiec. If no gorcon g4alifies as o cond to er- � vacated -soot in th,e-sarne e -t+en, then the Gucco: sor-to th,- cffiou of vor or C mis ;.cncr h,-ll be elected a+ the next general city election if such election is to be held within twelve (12) months of the vacancy. 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 OCOEE OCOEE twelve (12) months of the vacancy. 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. WINDERMERE WINDERMERE (a) The office of a Town Council member shall become vacant upon the member's death, resignation, disability, suspension, forfeiture or removal from office in any manner authorized by law or this Charter. (b) If less than a majority of the Town Council is vacant, the Town Council shall appoint a qualified resident to fill any vacancies until the next regular election by the affirmative votes of not less than a majority of the remaining members. If any vacancies are not filled within forty-five (45) days after the seat becomes vacant, the Governor of Florida shall fill any existing vacancies by appointment of a qualified resident. Any appointment under this section shall be to fill any vacancies until the next regular election, at which time the office shall be filled for the remainder of the term. (c) In the event that the majority of the Town Council is vacant, the Governor of Florida shall appoint qualified residents as interim Town Council members who shall call a special election not less than sixty (60) calendar days nor more than one hundred twenty (120) calendar days after such appointment. If there are less than six (6) months remaining in a vacant member's unexpired term, the interim Town Council appointee for that vacancy shall serve out the remainder of the unexpired term. Section 6.05. - Vacancy. Page 8 of 16 WINTER GARDEN WINTER GARDEN (1) The office of mayor - commissioner or commissioner shall become vacant upon the death, resignation, forfeiture or removal from office in any manner prescribed by law or this charter. (2) Unless otherwise prescribed by general law, a vacancy on the commission shall be filled in the following manner: (a) If there are six (6) months or less remaining in the unexpired term of the vacant office, within thirty (30) days of the occurrence of the vacancy, the commission by majority vote of its remaining members shall appoint a qualified person to fill the vacant office to serve the remainder of the term. Within fifteen (15) days of the occurrence of the vacancy, those persons interested in qualifying for appointment to the vacant office shall submit to the city clerk their name and other such information showing that they meet the qualifications for holding office pursuant to Section 12 of this charter. After the fifteen (15) day qualifying period, but before the expiration of thirty (30) days after the occurrence of the vacancy, the commission shall hold a special meeting for the purpose of filling the vacancy and at such meeting allow public comment on the matter. If the commission does not appoint a qualified person by the expiration of thirty (30) days after the occurrence of the vacancy, the vacant office shall be filled by drawing lots among the qualified persons receiving at least two (2) (a) Vacancies. The office of a commissioner or the mayor shall become vacant upon the death, resignation, removal from office in any manner authorized by law or forfeiture of the office, such forfeiture to be declared by the remaining members of the commission. (b) Forfeiture of office. A commissioner or the mayor shall forfeit his/her office if he/she lacks at any time during his/her term of office any qualification for the office prescribed by this Charter or by law. (c) Filling vacancies. If a vacancy occurs in the seat of a commissioner sixty (60) days or less before the next general election, the remaining members of the commission may appoint, by majority vote, a qualified person to fill the vacancy until the next general election. If the vacancy occurs more than sixty (60) days before the next general election, the remaining members of the commission shall appoint, by majority vote, a qualified person to fill the vacancy until the next general election at which time a successor will be elected to serve the remainder of the unexpired term. In the event the remaining members are deadlocked and unable to choose a successor by a majority vote, then the remaining commissioners, excluding the mayor, shall each submit the name of a proposed successor, and the mayor shall appoint the successor from those names submitted. Notwithstanding any quorum requirements established herein, Page 14 of 22 3 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. If all members of the City Commission are removed at the same time, the Governor of the State of Florida shall appoint an interim City Commission that shall call a special election to elect their successors within ninety (90) days of appointment. C-17 and C-19 - Call versus holding an election "Called" versus "holding" an election Express intent: minimize the need for special elections for efficiency Compare to C-19 (ordinance by referendeum): "Within six (6) weeks after filing of such petition, the City Commission may pass said ordinance, or shall call a special election to be held within ninety (90) days, at which the adoption or rejection of such ordinance shall be submitted to the qualified voters of the City." C-20: MAYOR C-20 - Signatures on Contracts Discussion: Should the Charter allow the City Manager to sign contracts within the City Manager's purchasing power, or the contracts of contract employees? CRC Decision: Item is tabled by unanimous vote. OCOEE OCOEE C-20: The Mayor shall sign all deeds, contracts, agreements, bonds, notes, obligations and other legal documents of the city. WINDERMERE WINDERMERE The office of Mayor shall become vacant upon his or her death, resignation, disability, suspension, forfeiture or removal from office in any manner authorized by general law or this Charter. If the office of Mayor becomes vacant, the duties of the Mayor shall be discharged by a member of the Town Council, as designated by the Mayor or by a majority of Town Council members in the absence of such designation. If there are more than twelve (12) months remaining in the Mayor's unexpired term, the Town Council shall call a special election as soon as practicable to fill the vacancy. Section 6.03. - Duties of the Mayor. The Mayor shall preside at all meetings of the Town Council, but without vote, except only in the limited circumstance to break an existing tie vote of the Town Council. The Mayor shall Page 9 of 16 Strong -mayor form of government WINTER GARDEN WINTER GARDEN votes from the remaining commission members. (b) If there are more than six (6) months remaining in the unexpired term of the vacant office, the commission shall schedule a special election to fill the vacancy and such election shall be held not sooner than forty-five (45) days and not later than sixty (60) days following the occurrence of the vacancy. ARTICLE II. - THE CITY COMMISSION Sec. 11. - Number, selection, term, compensation. (3) The mayor -commissioner shall preside as chairperson of meetings of the commission, if at any time the membership of the commission is reduced to less than a quorum, the remaining members of the commission may by majority vote, appoint additional members. (d) Extraordinary vacancies. In the event that all members of the commission are removed by death, disability, law or forfeiture of office, the governor shall appoint an interim commission that shall serve until the next general city election, at which time such vacancies shall be filled for the balance of the unexpired terms. Sec. 2.06. - Functions of mayor; vice mayor. The mayor shall be a voting member of the commission. At the first regular commission meeting after certification of all city election results in years when there is a city election or in April Page 15 of 22 Sole manager of personnel ARTICLE IV - CITY MANAGER C-21 Discussion: Residency of the City Manager — Pro: The City Manager has "skin in the game" by residing in the City. Accessibility of the City Manager, especially outside of business hours. Con: Could limit candidates for City Manager, especially in a tight job market. City commission could waive the residency requirement and allow the City Manager to live outside city limits by majority vote due to market conditions. The Charter previously allowed such a waiver. CRC Decision: Item is tabled by unanimous vote. OCOEE OCOEE C-21 -- ... The City Manager shall be appointed solely on the basis of executive and administrative qualifications and need not be a resident of the City of Ocoee or the State of Florida at the time of appointment. Within one (1) year of commencement of employment, the City Manager shall become a resident of the city and shall remain a resident of the City while employed as City Manager. WINDERMERE WINDERMERE be recognized as the head of Town government 1) for all ceremonial purposes, 2) by the Governor of Florida for the purposes of military law and 3) for service of process; but shall have no regular administrative duties. Section 8.01. - Town Manager. No residency requirement The Town Council shall hire an officer of the Town, who shall have the title of Town Manager, and who shall have the powers and perform the duties provided in this Charter. The Town Council may hire the Town Manager for an indefinite period and may remove him or her. Once hired, the Town Manager may reside outside the Town while in office only with the approval of the Town Council. Page 10 of 16 WINTER GARDEN WINTER GARDEN represent the city in intergovernmental relationships, present an annual state of the city message, and perform other duties as specified by the commission. The mayor - commissioner shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of military law but shall have no administrative duties. The mayor -commissioner as a city commission member shall have a voice and a vote in the proceedings of the commission; but no veto power. Sec. 28. - Qualifications The city manager shall be chosen by the city commission solely on the basis of executive and administrative qualifications, with special reference to actual experience in, or knowledge of, accepted practice in respect to the duties of the office as hereinafter set forth. At the time of the city manager's appointment, and for a period of ninety (90) days thereafter, the city manager need not be a resident of the city, but during the city manager's tenure of office the city manager shall reside within the city. The city commission may extend the residency requirement for good cause shown. in a year when there is no city election, the commission shall elect one (1) of its members as vice mayor. The mayor shall preside at meetings of the commission, shall be recognized as head of city government for all ceremonial purposes, by the governor for purposes of military laws, for execution of contracts, deeds and other documents and as the city official designated to represent the city in all agreements with other governmental entities or certifications to other governmental entities. The mayor shall have no other administrative duties except as required to carry out the responsibilities herein. Sec. 4.01. - City manager. There shall be a city manager who shall be the administrative head of the city. The city manager shall be responsible to the city commission for the administration of all city affairs placed in the city manager's charge by or under this Charter or by direction of the city commission. The manager must take up residence in the City of Winter Park within one (1) year after the appointment unless otherwise waived by the unanimous approval of the city commission. Page 16 of 22 Contract Employees Discussion: Should the City Manager require the Mayor's signature on contracts of contract employees? CRC Decision: Item is tabled by unanimous vote, included in the Motion on other contracts. OCOEE OCOEE § C-24. - Powers and duties of City Manager. The City Manager shall be the chief administrative officer of the city and shall be responsible for the administration of all city affairs for which the City Manager is given responsibility under this Charter. The powers and duties of the City Manager shall include, but not be limited to, the following: A. To appoint and, when deemed necessary for the good of the city, to suspend or remove any city employees or appointive administrative officers unless otherwise provided under this Charter, the laws of Florida or any personnel rules and regulations adopted by the city. The City Manager may authorize any administrative officer who is subject to the City Manager's direction and supervision to exercise these powers with respect to subordinates in such officer's department, office or agency. B. To direct and supervise the administration of all departments, offices and agencies of the city, except as otherwise provided under this Charter or the laws of Florida. J. To recommend to the City Commission the salary and wage scale of officers and employees of the city. WINDERMERE APOPKA WINTER GARDEN WINDERMERE APOPKA WINTER GARDEN Page 11 of 16 Apopka has a strong -mayor form of Sec. 14. - Prohibitions. government... Sec. 2.04. - Mayor. The mayor shall be the chief executive officer of the city and shall be responsible to the electorate for the administration of all city affairs placed in his/her charge by or under this Charter. The mayor shall: (a) Appoint, and, when the mayor deems it necessary for the good of the city, suspend or terminate all city employees and appointive administrative officers provided for by or under this Charter. Department heads shall be appointed by the mayor and ratified by the city council. The mayor may authorize any administrative officer who is subject to the mayor's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency. (b) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this Charter or by law. Sec. 3.02. - Appointment and duties of city administrator. The city administrator shall be appointed by the mayor and be responsible for coordinating and integrating the administrative and executive functions of the city as directed by the mayor and consistent with the policy approved by the city council. (1) Appointments and Removals. Neither the city commission nor any of its members shall control, demand, direct or request the appointment or removal of any city administrative officer or employee whom the city manager or any of the city manager's subordinates is empowered to appoint or hire. Sec. 30. - Powers and duties. The city manager shall be the chief executive officer of the city and responsible to the city commission for the management of all city affairs placed in the city manager's charge by or under this charter. Subject to Florida Statutes as from time to time amended, the city manager shall: (1) Appoint, suspend and remove all city employees and appointive administrative officers, except as otherwise provided by law, this charter, or city ordinances. The city manager may authorize any administrative officer to exercise these powers with respect to city employees and officers that are within, or subordinates of that administrative officer's department, office, or agency, subject to the city manager's direction and supervision; (2) Direct and supervise the administration of all departments, offices and agencies of the city, except as otherwise provided by this charter or law; Page 17 of 22 OCOEE OCOEE C-28 CITY CLERK Discussion: The City Commission approves CRC Decision: Unanimous of the City Clerk's salary in the budget. In approval of the following practice, there is no separate approval. revision: See C-50 below — Should the City Clerk serve on the City's canvassing board? C-45 ELECTION DATES Discussion: Odd number regular elections do not allow piggyback elections on presidential elections. The only way to change this timing is to extend the terms of one or more Commissioners and/or the Mayor. CRC Decision: Unanimous vote not to consider changing the timing of elections. C-28 A. There shall be a City Clerk who shall be appointed by the City Manager. The City Clerk shall be under the direction and supervision of the City Manager. The salary of the City Clerk shall be determined by the City Manager, subject to the bug_qet approval of the City Commission. Beginning in March 2021, regular municipal elections shall be held annually on the second Tuesday in March of each odd -numbered year. WINDERMERE WINDERMERE Section 8.04. - Town Clerk. The Town Manager shall appoint an officer of the Town, with the approval of the Town Council, who shall have the title of Town Clerk. The Town Clerk shall be under the direction and supervision of the Town Manager, and shall receive a salary established by the Town Manaqer. Section 10.04. — Persons Elected at All Regular Municipal Elections. At all regular municipal elections held in even numbered years, two (2) Town Council members and a Mayor shall be elected. At elections held in odd numbered years, three (3) Town Council members shall be elected. All candidates elected to office shall be elected for a term of two (2) years. At elections held in even numbered years the two (2) Town Council candidates and the candidate for mayor receiving the highest number of votes shall be elected; at elections held in odd numbered years the three (3) Town Council Page 12 of 16 Sec. 3.01. - Appointment and duties of clerk and city attorney. The city clerk and city attorney shall be appointed by the mayor and ratified by the city council. The city clerk and city attorney shall serve at the pleasure of the mayor and the city council. Section 2.02 - Councilmembers holding seats designated herein as seats three and four, whose terms expire on December 31, 1993, will face election in 1993 for one three-year term. Thereafter, the mayor and city commissioners will face election for four-year terms." WINTER GARDEN WINTER GARDEN Sec. 2-251. - General and runoff elections; taking office. (a) Election dates and terms of office. Beginning in March 1998, regular municipal elections shall be held on the second Tuesday in March of each year in which the term of office for mayor - commissioner or a city commissioner expires, unless the date and time of such election is otherwise changed by the city commission to coincide with a presidential preference primary in accordance with general law. The terms of office of the mayor and the city commissioners shall be as follows: Sec. 4.05. - Powers and duties. The city manager shall: (b) Appoint department heads and the city clerk subject to the confirmation by the city commission. (c)Remove department heads and the city clerk subject to the right of those individuals to appeal such removal to the city commission. In the case of civil service employees, such removed department heads must first exhaust their remedies under the Civil Service Code. This provision is not intended to modify or repeal the Civil Service Code. Page 18 of 22 Discussion: Remove swearing -in time and replace with "immediately prior to the next regularly scheduled meeting." City Commission meetings begin at 6:15 PM and the Commission should have flexibility to establish its meeting times. OCOEE OCOEE CRC Decision: Unanimous approval of the following revision: C-45 B. Any person elected to the office of Mayor or the office of City Commissioner shall be sworn into office immediately _prior to WINDERMERE WINDERMERE candidates receiving the highest number of votes shall be elected. ARTICLE 11. - REGULAR ELECTIONS Sec. 10-23. - Date of elections. Each regular municipal election shall be held on the second Tuesday in March of each election year. However, in a year in which there is a presidential preference primary, by resolution, the town council may move the election date to be concurrent with the presidential preference primary and set the dates to qualify for election to the office of councilmember in that year. Page 13 of 16 WINTER GARDEN WINTER GARDEN (1) The current terms for the office of mayor -commissioner and all seats on the city commission shall be extended and continue until such time as his respective successor is sworn in. (2) The mayor -commissioner shall be elected for a three-year term at a regular municipal election held in 2008 and shall thereafter be elected for a three- year term at a regular municipal election to be held every three years thereafter. (3) One city commissioner shall be elected for a three-year term at a regular municipal election to be held in 2008 and shall thereafter be elected for three- year terms at a regular municipal election to be held every three years thereafter. Such city commissioner shall be elected to District No. 1. (4) Three city commissioners shall be elected for a three-year term at a regular municipal election to be held in 2009 and shall thereafter be elected for three-year terms at a regular municipal election to be held every three years thereafter. Such city commissioners shall be elected to District No. 2, District No. 3 and District No. 4. wawim V _; - Page 19 of 22 Discussion: Should the Charter expressly allow the setting of elections by resolution or ordinance? Setting an election is a legislative act under Florida law. An ordinance is the usual form of a legislative act. Fla. Stat. § 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." C-46: Runoff Elections OCOEE OCOEE commencement of the next regularly scheduled City Commission meeting held after the results of the election are declared by the Canvassing Board as set forth in section C-50 of this charter. § C-49. - Conduct of elections. [Amended 12-1-2009 by Ord. No. 2009-030][241 The City Commission shall designate the places of polling for all city elections and shall give notice of all city elections in accordance with the laws of Florida. Except as otherwise set forth herein, the City Commission shall by ordinance provide for the printing of ballots, the conduct of elections, including absentee procedures, the canvass of returns, and all similar election details. Such ordinance shall, to the extent possible, ensure the secrecy of the ballot and the integrity of the poll. WINDERMERE WINDERMERE Sec. 10-23. - Date of elections. Each regular municipal election shall be held on the second Tuesday in March of each election year. However, in a year in which there is a presidential preference primary, by resolution, the town council may move the election date to be concurrent with the presidential preference primary and set the dates to qualify for election to the office of councilmember in that year. Page 14 of 16 Sec. 30-21. - Election date; qualifying period; early voting. (a) The general elections within the city shall be held on the second Tuesday of March, and all run-off elections shall be held on the second Tuesday in April, in those years when required for the election of a city official, or as amended by ordinance or law at least six months prior to the city general election. WINTER GARDEN WINTER GARDEN Sec. 2-252. - Special elections. Special elections shall be held in the same manner as a regular election except the city commission, by resolution, shall fix the time of holding such special election and the question to be balloted and notice shall be provided in the manner required by Florida Statutes governing special elections. Sec. 42-10. - Elections in the years of federal presidential preference primary elections. (a) In those years in which there is a federal presidential preference primary election in the State of Florida on any date as may be established by governing Florida law, the city's general city election provided for in article III of the City Charter, in accordance with governing Florida law, shall be held concurrently with the federal presidential preference primary election. For those general elections subject to this section, the run-off election, if needed, shall be held on the second Tuesday in the month following the month of such general election or on another date as determined by the citv commission by resolution or ordinance. The city clerk shall establish an appropriate qualifying period given these election dates and the other provisions of this Code. (b) The Orange County Canvassing Board is hereby authorized to canvass the City of Winter Park ballots voted in the city general election set in accordance with this section. (c) Terms of office are not affected by this section, and will begin and end as provided by the City Charter or other applicable law. Page 20 of 22 Supervisor of Elections requests that municipalities eliminate runoff elections CRC Decision: Supervisor of Elections' proposal to eliminate runoff elections rejected unanimously. RELATED: C 9 C-50 Canvassing Board Discussion: Should the City Clerk be a member of the City's canvassing board? OCOEE OCOEE a.eers_trrr.�sr_�r.�sr�. § C-50. Certification of results; canvass of returns; notification of successful candidates. Rationale: The City Clerk is a member for [Amended 12-1-2009 by most municipal canvassing boards. Ord. No. 2009-0301] WINDERMERE WINDERMERE Section 10.05 - A canvassing board shall consist of the Town Clerk and two incumbent Town Council members not running for re-election. The Town Manager may serve as a member of the canvassing board if needed APO , APOPKA Sec. 30-26. - Canvassing board; canvass and certification of votes. (a) The city canvassing board shall be composed of the city clerk and two members of the city council who are not candidates. Testing and tabulation of machines require The results of the voting at each Two citizens shall be selected by the presence of a canvassing board member polling place when ascertained shall majority vote of the city council to and the City Clerk had an experience when be certified by return in duplicate serve as first and second alternate she was only one present for the City. signed by the Clerk and a majority canvassing board members. The of the inspectors of the election, one canvassing board members and — See criteria for Orange County and State (1) copy being delivered by the the alternate canvassing board Law on - Canvass at City Hall Who are the Clerk and inspectors to the Mayor members shall be appointed at inspectors? and the other to the City Clerk, both least 60 days before December 1 of whom shall transmit such return prior to a general election. Said CRC Decision: Directed the Facilitator to to a public meeting of the terms shall expire on May 1 of the draft an amendment to C-50 placing the City Canvassing Board,i shall election year. At the close of the Clerk on the Canvassing Board together with consist its Clerk andpolls of the city election, the board two citizens and two other citizens who shall t citizens shall meet and proceed to publicly appointed it canvass the absentee electors' 'Editor's Note: This ordinance was aoaroved by the elect o referendum on 3-9-2010. Said ordinance Drovided for ar L4ML"j1g4%W1pAi cly canvass Page 15 of 16 WINTER GARDEN WINTER GARDEN Sec. 48. - Canvassing board. (1) A city canvassing board shall be established for the purposes of canvassing ballots and election results. The canvassing board shall be composed of the city clerk and two (2) citizens who shall be selected by majority vote of the city commission. A third and fourth citizen shall also be selected by majority vote of the city commission to serve as a first and second alternate canvassing board member. The canvassing board members shall be appointed by July 1st of each year and shall serve a one-year term commencing on July 1st and ending June 30th the following year, or until their successors are appointed. Sec. 3.04. - Elections. (d) Canvassing board. For any city election, the city commission shall appoint three (3) of its members to be the canvassing board. No commissioner or mayor shall participate in the canvassing of the returns of an election for which said commissioner or mayor is a candidate or subject to recall. For any disqualified city commissioner or mayor, the city clerk shall act as the alternate canvassing board member. Page 21 of 22 OCOEE OCOEE Commission shall also appoint t d additional citizens t serve as alternatesto the Canvassinq Board.The Canvassing Board shall canvass the returns and shall declare the results of the canvass as the results of the election in a manner provided by city ordinance or as otherwise required by law. A majority of the Canvassing Board shall constitute a quorum thereof. Notwithstanding the foregoing, with the agreement of the Orange County Canvassing Board and Orange County Supervisor of Elections, the City Commission may, by ordinance, assign and abdicate the canvassing responsibilities of the City Canvassing Board to the Orange County Canvassing Board. In such event, the Orange County Canvassing Board shall canvass the returns and shall declare the results of the canvass as the results of the election in a manner provided by city ordinance or as otherwise required by law. C-69 DISTRICT RESIDENCY REQUIREMENTS — one year — redundant of qualifying — make consistent with C-11 WINDERMERE WINDERMERE Page 16 of 16 the vote as shown by the election clerk. In the event of provisional ballots, the canvassing board shall reconvene by Monday following the election to canvass the provisional ballots and certify the election results. However, in years when there may be a countywide election, the city council may approve the canvassing of absentee and provisional electors' ballots by the county canvassing board. The city clerk shall be designated the city's representative. The city clerk shall review the ballots accepted by the county canvassing board. The city absentee ballots are to be counted simultaneously with the county ballots in the presence of the city clerk, who is to observe and report any discrepancies to the city council. WINTER GARDEN WINTER GARDEN wawim V _; . Page 22 of 22