Loading...
HomeMy WebLinkAbout07-13-2023 Agenda PacketOCOEE CHARTER REVIEW COMMISSION Ocoee City Hall 1 N. Bluford Avenue Ocoee, Florida July 13, 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 29, 2023 Minutes -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 27 14 loku � Z/� fIQIida Charter Review Commission Ocoee City Hall 1 N. Bluford Avenue Ocoee, Florida June 29, 2023 • Call to Order 6:15 p.m. Chair Forges called the meeting to order at 6:15 p.m., in the Commission Chambers of City Hall, located at 1 N. Bluford Avenue. He requested a moment of personal reflection followed by the Pledge of Allegiance to the Flag. Recording Clerk Sibbitt called roll and declared a quorum present. Present: Chair Forges, Vice -Chair Sills and Members Chacon, Lovejoy, and Alternate Member McTavish (1st Alt.), Alternate Member Butler (2nd Alt.). Also present were CRC Facilitator/Board Attorney Geller, and Recording Clerk Sibbitt. Absent: Member Lowrie Guests: Commissioner Hart • APPROVAL OF MINUTES Motion: Move to approve June 15, 2023, Charter Review Commission Meetinq Minutes as presented; Moved by Member Loveiov, seconded by Vice -Chair Sills; Motion carried 5-0. • DISCUSSION AND REVIEW OF CURRENT CITY CHARTER Chair Forges recognized District 4 Commissioner Ages Hart who was in attendance. He further acknowledged the items that were postponed awaiting his attendance at the meeting. The Board discussed the following items that were postponed and within the comparison matrix: • C- 20 — Signatures on Contracts Should the Charter allow the City Manager to sign contracts within the City Manager's purchasing power, or the contracts of contract employees? Page 2 of 27 Charter Review Commission June 29, 2023 Discussion ensued on the powers of the Mayor and Mayor pro tem during their absence; and further, if the City Manager should sign contracts of contract employees. It was decided that there is no issue with the current wording of this section of the Charter. Motion: Move to not make any changes to C-20 — Signatures on Contracts, and maintain as written; Moved by Chair Forqes, seconded by Member Chacon; Motion carried 5-0. • C-21 — Residency of the City Manager Should the City Manager live in the City limits? 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 emplovment, the City Manager shall become a resident of the city and shall remain a resident of the City while emploved as City Manager. Discussion ensued on the residency requirement of the City Manager and if the City Commission should have the ability to waive residency requirements. The comparison matrix was discussed and the Board felt the City of Winter Park model provided flexibility when there may be compelling reasons to waive the one (1) year residency requirement by unanimous approval of the City Commission. Motion: Move to approve that within one (1) year of commencement of employment, the City Manaqer shall become a resident of the citv, unless such time is reasonably extended by the unanimous approval of the Citv Commission, and shall remain a resident of the Citv while emploved as Citv Manager; Moved by Vice -Chair Sills, seconded by Member Loveiov; Motion carried 5-0. • C- 50 — Canvassing Board Should the City Clerk be a member of the City's Canvassing Board? § C-50. Certification of results; canvass of returns; notification of successful candidates. [Amended 12-1-2009 by Ord. No. 2009-030 ] The results of the voting at each polling place when ascertained shall be certified by return in duplicate signed by the Clerk and a majority of the inspectors of the election, one (1) copy being delivered by the Clerk and inspectors to the Mayor and the other to the City Clerk, both of whom shall transmit such return to a public meeting of the Canvassinq Board, which shall consist of the Citv Clerk andndth-ree (3) two (2) citizens appointed by the City Commission. The City Commission shall also appoint two (2) additional citizens to serve as alternates to the Canvassina Board. The Canvassing Board shall canvass the returns and shall declare the results of the 21 iF' Page 3 of 27 Charter Review Commission June 29, 2023 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. At the last meeting, the Board directed CRC Facilitator/Board Attorney Geller to draft an amendment to C-50 placing the City Clerk on the Canvassing Board together with two citizens and two other citizens who shall serve as alternates. A brief discussion ensued. Motion: Move to approve the wordinq incorporated in C-50 as presented in the comparison matrix drafted by CRC Facilitator/Board Attornev Geller; Moved by Member Loveiov, seconded by Member Chacon; Motion carried 5-0. • C-17 —Successors and Vacancies Discussion ensued on the appointment of an interim Commissioner and the filling of vacant seats. C. Filling of vacancies. 1. 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 Commissioner 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 tern serving as Mayor; such interim Commissioner shall serve until such time as a Mayor is elected. The Mayor pro tern 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 ommissiaeor is runRing fer oc ac 3 saR�',,aidate for the aGated scat in the be elected at the next regular or general city election if such election is to be held within twelve (12) months of the vacancy. If a reqular or 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. 31 Page 4 of 27 Charter Review Commission June 29, 2023 3. 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. Further discussion ensued on adding additional language to 5-3 of the City Code on qualifications of candidates, proof of residency, and adjusting the qualifying period. Motion: Move to approve the wordinq incorporated in C-17 as presented in the comparison matrix drafted by CRC Facilitator/Board Attorney Geller; and further, in Section C-17 C (2) to include "...reqular or general city election..."; Moved by Member Lovejoy, seconded by Alt. Member McTavish; Motion carried 5-0. Censensus of the Charter Review Commission was to request the City Clerk to brinq back lanquaqe that chanqes the qualifvinq period. A brief discussion ensued on the City's current Affidavit of Candidacy & Residency Form and suggested changes were made to the form by CRC Facilitator/Board Attorney Geller. Recess 7:35 PM — 7:45 PM Discussion ensued about adding the recommended definition: "A `general city election' is any municipal election that is not a special election or regular election. "to Section C-45, as well as adding a reference to a special election. CRC Facilitator/Board Attorney Geller asked for direction to bring back to the next scheduled meeting the proposed wording to Section C-45. Consensus of the Charter Review Commission was to have CRC Facilitator/Board Attornev Geller bring back revised lanquage to C-45. Discussion ensued on 5-3. Qualifications of candidates. 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 Mayor shall furnish to the City Clerk proof of at least one year of residency in the City, and a candidate for Commissioner shall furnish to the City Clerk proof of at least one year of residency in the District in which the candidate 41 Page 5 of 27 Charter Review Commission June 29, 2023 is running. Such proof of residencv shall be sworn to under penalty of perjury and shall consist of a voter registration card, a government -issued photo identification card, in addition to at least one of the following: a deed, lease, utilitv bills, or other clear and convincing documentary proof. Motion: Move to approve the suggested language for the proposed ordinance to Section 5-3 of the Code; Moved by Member Lovejoy, seconded by Member Chacon; Motion carried 5-0. Chair Forges recommended a recap of the Charter matrix in its entirety. CRC Facilitator/Board Attorney Geller provided a brief overview. Discussion ensued on C-8 Powers of the City and preemption followed by discussion on Section (B) in C-8 and allowing the exchange of property. Chair Forges requested the Board review the City Charter again to have more in- depth discussions on the City's Powers at the next meeting. It was further requested by Member Lovejoy that the matrix could be color coded to indicate what has already been reviewed. • PUBLIC COMMENTS — None • ADJOURNMENT The meeting adjourned at 8:16 p.m. Melanie Sibbitt, Recording Clerk Chair 51F.. Page 6 of 27 CITY CHARTER COMPARISON MATRIX WORKING DRAFT - 7/10/23 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 language: be construed as narrowly as required to avoid or minimize preemption by County, State, or Federal law. Any provision or portion of a City ordinance that is preempted by County, State, or Federal law shall be severed from the ordinance, provided ordinance, provisionsthereby preserving the validity of the remaining , Language could be added to City Code instead of Charter. ELECTIONS ARTICLE III CITY COMMISSION DISCUSSION: The Orange County Supervisor of Elections proposes that OCOEE § 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: NTA1,1111140 ,14ZI 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. 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. LTINIi!11i14 Zey-ll07:4 Z 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. 1ITI1'111i4:7J1 ZI:/ 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 anyway the general power granted in this article. Page 7 of 27 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 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. 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, efor at least one near hafore 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, t for at least one veer hpfore 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 M2vnr or Commissioner shall furnish such proof of eein the one ear real enc re airs ant as a be rescri e ordinance." 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 for the office of Commissioner shall, at the time of quali,fyLna 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 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 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 2 of 21 APOPKA 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 be a resident of the City of Apopka, Florida, for a period of one vear next precedinq his or her election to office and shall be a registered voter pursuant to Florida law. 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 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 WINTER PARK 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 8 of 27 (1) Add proof of I year residency by ordinance The CRC unanimously approved recommending to the City Commission a proposed Ordinance amending section 5-3 of the City Code as follows: § 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. 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 90 calendar days prior to the scheduled date of the regular municipal election of the year in which the election for such office is OCOEE I WINDERMERE IAPOPKA I WINTER GARDEN I WINTER PARK Page 3 of 21 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 9 of 27 scheduled, but not later than 12:00 noon on the date which is 46 90 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 lousiness a ualif in Derio for a regular,. s eciai. or general election as ay e establjjtRgjay the ity Co fission resolution. Should the last day upon which said qualification papers may be filed fail 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. The CRC directed the City Clerk to review the implications of moving the standard qualifying period from 46 to 90 days before an election. The CRC is interested in allowing sufficient time so that voters could elect the successor to a resigning mayor or commissioner at the same election the resigning mayor or commissioner is seeking another office. 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. OCOEE § 5-3. Qualification of candidates. 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 WINDERMERE Section 10.02. - Nominations. (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 Page 4 of 21 APOPKA 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 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. WINTER PARK 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 10 of 27 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 qualify for nomination or election to federal office or to the office of the state attorney or the public defender; and noon of 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, 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 OCOEE 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. 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. WINDERMERE 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 candidate. The Town Clerk shall keep on file all petitions found sufficient at least until the expiration of the term for which the candidates are nominated in those petitions Page 5 of 21 APOPKA 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 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). WINTER PARK Page 11 of 27 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 1st 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 CRC unanimously approved of the following 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 interim Commis i r until the successor is elected. If a vacancy occurs in the office of Mayor, the Mayor pro tem 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 OCOEE The successor to the office of Mayor or Commissioner shall be elected at 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 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 • Section 5.03. - Vacancies. (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 Page 6 of 21 APOPKA WINTER GARDEN • Sec. 17. - Vacancies in commission. (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 WINTER PARK Sec. 2.07. - Vacancies; forfeiture of office; filling of vacancies. (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. Page 12 of 27 3 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. The successor to the office of Mayor or Commissioner shall be elected at the next r2_qqlar or 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 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 ,theit successors within ninety (90) days of appointment. OCOEE WINDERMERE 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. 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 Page 7 of 21 APOPKA WINTER GARDEN 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) 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. WINTER PARK (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, 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 Page 13 of 27 OCOEE C-18 Independent Audit Finance Director recommendation: The City Commission shall provide for an independent annual audit of all city accounts in conformancei the auditorselection r r ri tts and may provide for more frequent audits as it deems necessary. Audits shall be made by a certified public accountant or firm of accountants who or which has no personal interest, direct or indirect, in the fiscal affairs of the city government or any of its officers. The City Commission may designate such accountant or firm annually or for a period Ls - determined t it i i If the state makes such an audit, the City Commission may accept it as satisfying the requirements of this section. 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." Resign to Run Statute Fla. Stat. § 99.012(3)(a): WINDERMERE special election as soon as practicable to fill the vacancy. Page 8 of 21 APOPKA WINTER GARDEN WINTER PARK filled for the balance of the unexpired terms. Page 14 of 27 OCOEE I WINDERMERE J APOPKA WINTER GARDEN WINTER PARK 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. (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. The Mayor suggested that the resign -to -run statute has been applied differently for different races. C-20: MAYOR C-20 - Signatures on Contracts C-20: The Mayor shall sign all Section 6.03. - Duties of the Strong -mayor form of government ARTICLE 11. - THE CITY Sec. 2.06. - Functions of deeds, contracts, agreements, Mayor. COMMISSION mayor; vice mayor. Discussion: Should the Charter allow the City bonds, notes, obligations and other Manager to sign contracts within the City legal documents of the city. The Mayor shall preside at all Sec. 11. - Number, selection, The mayor shall be a voting Manager's purchasing power, or the contracts meetings of the Town Council, term, compensation. member of the commission. At of contract employees? but without vote, except only in the first regular commission the limited circumstance to (3) The mayor -commissioner meeting after certification of all CRC Decision: Item is tabled by unanimous break an existing tie vote of the shall preside as chairperson of city election results in years when vote. Town Council. The Mayor shall meetings of the commission, there is a city election or in April be recognized as the head of represent the city in in a year when there is no city 715123: City's Finance Director is asking the Town government 1) for all intergovernmental relationships, election, the commission shall CRC to give the City Manager signatory ceremonial purposes, 2) by the present an annual state of the elect one (1) of its members as powers. Governor of Florida for the city message, and perform other vice mayor. The mayor shall purposes of military law and 3) duties as specified by the preside at meetings of the Finance, Director Recommendation. for service of process; but shall commission. The mayor- commission, shall be recognized have no regular administrative commissioner shall be as head of city government for all § C-20. Duties and emergency powers of the duties. recognized as head of the city ceremonial purposes, by the Mayor. government for all ceremonial governor for purposes of military Page 9 of 21 Page 15 of 27 The Mayor shall preside at all meetings of the City Commission and shall be recognized as the head of the city government for all ceremonial purposes and by the Governor of the State of Florida for the purposes of military law, civil law and service of process but shall have no regular administrative duties. The Mayor shall sign a44-the deeds, contracts, agreements, bonds, notes, obligations and other legal documents of the city that haveapproved the City Commission. The Mayor shall prepare and present to the city an annual state of the city message in the month of January of each year in which the Mayor holds office. In time of insurrection, general conflagrations, catastrophe or great or widespread public emergency, the Mayor shall become the head of the government and shall exercise those powers delegated to the Mayor under the laws of Florida. In the absence or disability of the Mayor, the functions of the Mayor shall be discharged by the Mayor pro tem. See C-24 below. 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. 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 APOPKA 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 21 WINTER GARDEN 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 WINTER PARK 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 27 CRC Decision: Item is tabled by unanimous vote. CRC Decision 2: Unanimous approval of the following language: 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 yriless suchi is reasonably extendedthe unanimous approval of the City. _Q9_ . iss ion, and thereafter shall remain a resident of the City while employed as City Manager. 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. _Finance Director recommendation: Authorize City Manager to sign contracts within purchasing power. § 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 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 WINDERMERE Page 11 of 21 APOPKA Apopka has a strong -mayor form of 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. WINTER GARDEN residency requirement for good cause shown. Sec. 14. - Prohibitions. (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 WINTER PARK Page 17 of 27 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. C. To attend all City Commission meetings and take part in any discussion at such meetings. This shall not be construed to include the right to vote at such meetings. D. To ensure, to the extent possible, that all provisions of this Charter and all laws and acts of the City Commission that are subject to enforcement by the City Manager or by officers subject to the direction and supervision of the City Manager are faithfully executed. E. To prepare and submit to the City Commission the annual budget and capital program for the city. F. To prepare and submit to the City Commission a complete report on the finances and administrative activities of the city as of the end of each fiscal year. Such report shall also be made available to the public. G. To prepare and submit to the City Commission such other reports as the City Commission may require concerning the operation of city departments, offices and agencies subject to the direction and supervision of the City Manager, H. To prepare and submit to the City Commission on a quarterly basis a complete report on the financial conditions and future needs of the city and to make recommendations relating thereto. OCOEE 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 Page 12 of 21 APOPKA (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. WINTER GARDEN 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; WINTER PARK Page 18 of 27 1. To perform such other duties as may be required under this Charter or as may be required by the City Commission. J. To recommend to the City Commission the salary and wage scale of officers and employees of the city. C-28 CITY CLERK Discussion: The City Commission approves of the City Clerk's salary in the budget. In practice, there is no separate approval, CRC Decision: Unanimous approval of the following revision: 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 kydget approval of the City Commission. Finance Director recommendation: Add to the City Clerk's duties as follows: § C-28. City Clerk. A. Appointment; powers and duties. 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 approval of the City Commission. The powers and duties of the City Clerk shall be in accordance with this Charter, the laws of Florida and the ordinances of the city and shall include, but not be limited to, the following: (1) Giving notice of City Commission meetings. OCOEE 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 approval of the City Commission. 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 Manager. Page 13 of 21 APOPKA 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. WINTER GARDEN WINTER PARK 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 19 of 27 (2) Attending all City Commission meetings and keeping minutes of such meetings to be signed by the Mayor of the city and attested by the City Clerk. (3) Acting as custodian of the City Seal, ordinances, resolutions and all papers and other documentation pertaining to the affairs of the city. (4) Preserving and filing all contracts and agreements to which the city is a party. (5) Posting all ordinances when required to do so. (6) Attesting to the Mayor's signature on ordinances, resolutions, contracts, agreements and other documents. sionature on contracts and awt. Preserving and maintaining an Ordinance Book and a Resolution Book. Performing all other duties appropriate to the office of City Clerk as may be imposed by law, required by city ordinance or directed by the City Manager. 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. OCOEE Beginning in March 2021, regular municipal elections shall be held annually on the second Tuesday in March of each odd -numbered year. WINDERMERE 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 Page 14 of 21 APOPKA 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 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 WINTER PARK Page 20 of 27 OCOEE WINDERMERE I APOPKA I WINTER GARDEN I WINTER PARK 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 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 15 of 21 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: (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. Page 21 of 27 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. 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 at 740-p-.m..or the immediately pri r t commencement f 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. PROPOSED REVISIONS TO C-45: § C-45. Election dates and terms of office. [Amended 4-2-1996 by Ord. No. 96-05; 10-7-1997 by Ord. No. 97- 20; 1-5-1999 by Ord. No. 99-071; 10-3-2017 by Ord. No. 2017-0254 ] A.. RgqgLar I i `r __ r election' is an electionl t r l ri It I t i f Beginning in March 2021, regular municipal elections shall be held annually on the second Tuesday in March of each odd -numbered year. The terms of office of the Mayor and City Commissioners shall be as follows: (1) The Mayor shall be elected for a four-year term at a regular municipal election to be held in 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 p.m. on t 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. WINDERMERE APOPKA 'Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-9-1999. Said ordinance also provided for an effective date of 6-1-1999. 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 16 of 21 WINTER GARDEN WINTER PARK Page 22 of 27 March 2019 and shall thereafter be elected for a four- year term at a regular municipal election to be held every four (4) years thereafter. (2) Two (2) City Commissioners shall be elected for four-year terms at a regular municipal election to be held in March 2021 and shall thereafter be elected for four-year terms at a regular municipal election to be held every four (4) years thereafter. Such City Commissioners shall be elected to Seat No. 2 and Seat No. 4. (3) Two (2) City Commissioners shall be elected for four-year terms at a regular municipal election to be held in March 2019 and shall thereafter be elected for four-year terms at a regular municipal election to be held every four (4) years thereafter. Such City Commissioners shall be elected to Seat No. 1 and Seat No. 3. Special Elections. A'special election' is an Wlection thaLMay be held to fill ayg2qngL2n_jhe Pi �ionu�rsqant �to C-1 L2L!2-r v� ordiiti tv r r I an ordinance t)ursuant to 4 C-19. C. General Elections. A'qeneral election that is not a sDecial election or reaular election. DNotwithstanding the above the term of office of any person elected to the office of Mayor or the office of City Commissioner shall commence upon being sworn into office and continue until such time as his or OCOEE I WINDERMERE IAPOPKA I WINTER GARDEN I WINTER PARK Page 17 of 21 Page 23 of 27 her respective successor is sworn into office. Any person elected to the office of Mayor or the office of City Commissioner shall be sworn into office ay i ediately 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. The incumbent Mayor and City Commissioners in office on the date of approval of this provision by the voters of the City shall continue to hold their respective offices until their successors are sworn into office. Notwithstanding the foregoing, in the event that no candidate qualifies for the office of Mayor or a specific seat on the City Commission, then such office or seat shall be declared vacant by the Canvassing Board at its meeting following the regular municipal election. 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." OCOEE § 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 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 18 of 21 APOPKA 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 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. WINTER PARK 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 Page 24 of 27 OCOEE C-46: Runoff Elections Supervisor of Elections requests that municipalities eliminate runoff elections CRC Decision: Supervisor of Elections' proposal to eliminate runoff elections rejected unanimously. RELATED: C 9 WINDERMERE Page 19 of 21 APOPKA SeG.-30-25. Pane# eIeGti0n WINTER GARDEN WINTER PARK 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 25 of 27 C-50 Canvassing Board Discussion: Should the City Clerk be a member of the City's canvassing board? Rationale: The City Clerk is a member for most municipal canvassing boards. Testing and tabulation of machines require the presence of a canvassing board member and the City Clerk had an experience when she was only one present for the City. — See criteria for Orange County and State Law on - Canvass at City Hall Who are the inspectors? CRC Decision: Directed the Facilitator to draft an amendment to C-50 placing the City Clerk on the Canvassing Board together with two citizens and two other citizens who shall serves as alternates. CRC Decision 1: Unanimous approval of the following language: § C-50. Certification of results; canvass of returns; notification of successful candidates.] The results of the voting at each polling place when ascertained shall be certified by return in duplicate signed by the Clerk and a majority of the inspectors of the election, one (1) copy being delivered by the Clerk and inspectors to the Mayor and the other to the City Clerk, both of whom shall transmit such return to a public meeting of the Canvassing which shall consist i Clerk citizens appointed the CityCommission. City__Comm-is-sion shall alsoappoint two additional citizens to serve alternates t the Canvassinq. 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 OCOEE § C-50. Certification of results; canvass of returns; notification of successful candidates.] The results of the voting at each polling place when ascertained shall be certified by return in duplicate signed by the Clerk and a majority of the inspectors of the election, one (1) copy being delivered by the Clerk and inspectors to the Mayor and the other to the City Clerk, both of whom shall transmit such return to a public meeting of the Canvassing ard, which shall consist of three () 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. 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. Page 20 of 21 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. Two citizens shall be selected by majority vote of the city council to serve as first and second alternate canvassing board members. The canvassing board members and the alternate canvassing board members shall be appointed at least 60 days before December 1 prior to a general election. Said terms shall expire on May 1 of the election year. At the close of the polls of the city election, the board shall meet and proceed to publicly canvass the absentee electors' ballots and then publicly canvass 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 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 1 st 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. WINTER PARK 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 26 of 27 OCOEE I WINDERMERE I APOPKA I WINTER GARDEN I WINTER PARK 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 S:\AKA\CLIENTS\Ocoee, City oACharter Review - Elections 0164-27414\Charter\CITY CHARTER COMPARISON MATRIX.docx (REV. 3) - rsg - 7 5 23.docx Page 21 of 21 Page 27 of 27