HomeMy WebLinkAbout08-01-2023 Report by the Charter Review Commission - PresentationCity of Ocoee
Charter Rev I*ew Commission
Proposed Amendments to the City of Ocoee Charter
and
Section 5-3 of the City Code
August 1, 2023
Board Members
Lou Forges, Chair
Jim Sills, Vice -Chair
Tom Lowrie
Derrick Chacon
Adam Lovejoy
Fannie MacTavish (Alternate 1)
Kelton Butler (Alternate 2)
Richard S. Geller, Esq., Facilitator/Board Attorney
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ORDINANCE NO. 2023-
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
CONSISTING OF A REPORT BY THE CITY'S CHARTER
REVIEW COMMISSION PROPOSING AMENDMENTS TO
THE CITY OF OCOEE'S CHARTER FOR THE BALLOT AT
THE NEXT GENERAL MUNICIPAL ELECTION, ON
MARCH 19, 2024, OR AS OTHERWISE SCHEDULED,
PERTAINING TO:
(1) § C-8 (POWERS OF THE CITY) TO STATE THAT THE
CITY'S POWERS SHALL BE CONSTRUED LIBERALLY IN
FAVOR OF THE CITY TO EFFECT THEIR INTENDED
PURPOSES AND THAT THE CITY'S ENUMERATED
POWERS SHALL INCLUDE THE AUTHORITY TO
EXCHANGE PROPERTY;
(2) § C-11 (ELIGIBILITY, RESIDENCY REQUIREMENT
AND PROOF) TO REQUIRE CANDIDATES FOR MAYOR
TO RESIDE IN THE CITY FOR AT LEAST ONE (1) YEAR
BEFORE QUALIFYING AS A CANDIDATE AND TO
REQUIRE CANDIDATES FOR CITY COMMISSIONER TO
RESIDE IN THE DISTRICT THEY SEEK TO REPRESENT
FOR AT LEAST ONE (1) YEAR BEFORE QUALIFYING AS
A CANDIDATE;
(3) § C-17 (SUCCESSORS) TO PROVIDE FOR THE
SUCCESSOR TO THE OFFICE OF MAYOR OR
COMMISSIONER TO BE ELECTED AT THE NEXT
REGULAR OR GENERAL CITY ELECTION, IF HELD
WITHIN TWELVE (12) MONTHS OF THE VACANCY;
(4) § C-18 (INDEPENDENT AUDIT) TO AUTHORIZE THE
CITY COMMISSION TO DESIGNATE AN ACCOUNTANT
OR ACCOUNTING FIRM IN ACCORDANCE WITH THE
PROCEDURES SET FORTH IN FLORIDA STATUTES §
218.391 FOR A PERIOD NOT TO EXCEED FIVE (5) YEARS;
(5) § C-21 (APPOINTMENT; QUALIFICATIONS;
COMPENSATION) TO AUTHORIZE THE CITY
COMMISSION TO REASONABLY EXTEND THE
REQUIREMENT FOR THE CITY MANAGER TO BECOME
A RESIDENT OF THE CITY OF OCOEE WITHIN ONE (1)
YEAR OF BEGINNING EMPLOYMENT BY A UNANIMOUS
VOTE;
(6) § C-28 (CITY CLERK) TO CLARIFY THAT THE CITY
CLERK'S SALARY IS SUBJECT TO THE CITY
COMMISSION'S BUDGET APPROVAL;
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" (7) § C-45 (ELECTION DATES) TO DEFINE "REGULAR,
"SPECIAL," AND "GENERAL CITY ELECTIONS" AND TO
PROVIDE FOR THE SWEARING -IN OF A NEWLY -
ELECTED MAYOR OR CITY COMMISSIONER
IMMEDIATELY BEFORE THE NEXT REGULARLY
SCHEDULED CITY COMMISSION MEETING AFTER THE
CANVASSING BOARD DECLARES THE ELECTION
RESULTS;
(8) § C-49 (CONDUCT OF ELECTIONS) TO AUTHORIZE
THE CITY COMMISSION TO SET THE DATES OF
ELECTIONS AND THE DATES OF QUALIFYING PERIODS
FOR CANDIDATES BY RESOLUTION OR ORDINANCE;
(9) § C-50 (CERTIFICATION OF RESULTS; CANVASS OF
RETURNS; NOTIFICATION OF SUCCESSFUL
CANDIDATES) TO APPOINT THE CITY CLERK TO THE
CITY OF OCOEE'S CANVASSING BOARD TOGETHER
WITH TWO (2) OTHER CITIZENS AND TWO (2) CITIZEN
ALTERNATES APPOINTED BY THE CITY COMMISSION;
(10) PROVIDING A FORM OF BALLOT FOR EACH
PROPOSED AMENDMENT;
(11) DIRECTING THE CITY CLERK TO FILE THE
REVISED CHARTER AS APPROVED BY THE VOTERS
WITH THE FLORIDA DEPARTMENT OF STATE;
(12) PROVIDING FOR SEVERABILITY AND A SAVINGS
CLAUSE; AND
(13) PROVIDING FOR CONFLICTS AND AN EFFECTIVE
DATE.
WHEREAS, the City of Ocoee (the "City") is vested with Home Rule authority pursuant to
Article V111, § 2 of the Constitution of the State of Florida and Chapter 166, Florida Statutes to
conduct municipal government, and exercise any power for municipal purposes except as otherwise
prohibited by law; and
WHEREAS, § C-59 of the City of Ocoee's Charter (hereafter, the "Charter") states, "A
Charter Review Commission may also be appointed by the City Commission at such times as
deemed necessary by the City Commission;" and
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WHEREAS, on April 18, 2023, the City Commission determined that a Charter Review
Commission should be appointed to consider and propose certain amendments to the Charter,
including an enlarged residency requirement for Mayoral and City Commission candidates; and
WHEREAS, in accordance with § C-61 of the Charter, the City Commission determined
that citizens should vote on proposed Charter amendments at the next municipal election, on March
19, 2024, or as otherwise scheduled; and
WHEREAS, on May 16, 2023, the City Commission appointed a Charter Review
Commission consisting of seven (7) citizens, including two (2) alternates, to review the Charter and
recommend proposed amendments;
WHEREAS, § C-61 of the Charter states, "The Charter Review Commission shall be
empowered to conduct a comprehensive study of any or all phases of city government."
WHEREAS, in June and July 2023, the Charter Review Commission held multiple
noticed public meetings, conducted a comprehensive study of various aspects of city government
as affected by the Charter, and solicited and received input from citizens of the City of Ocoee;
WHEREAS, § C-61 of the Charter further states, "If changes are recommended, the
Charter Review Commission shall transmit its proposed report with Charter amendments in
ordinance form to the City Commission for comment."
WHEREAS, Florida Statutes § 166.031(1) states in pertinent part, "The governing body
of a municipality may, by ordinance... submit to the electors of said municipality a proposed
amendment to its charter, which amendment may be to any part or to all of said charter except
that part describing the boundaries of such municipality. The governing body of the municipality
shall place the proposed amendment contained in the ordinance ... at the next general election
held within the municipality or at a special election called for such purpose."
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WHEREAS, on July 20, 2023, the Charter Review Commission voted to approve and
submit recommended amendments to the Charter, set forth herein, in a proposed Report in the
form of this Ordinance to the City Commission;
WHEREAS, on August 1, 2023, the Charter Review Commission presented its proposed
Report in the form of this Ordinance to the City Commission, recommending amendments to the
City of Ocoee Charter as set forth herein;
WHEREAS, as to a proposed amendment to § C-8 of the Charter (Powers of the City),
the municipal charters of the City's neighbors, the Town of Windermere, the City of Apopka, and
City of Winter Garden, as well as many other municipalities provide that their local
governmental powers "shall be construed liberally in favor of the municipality;" that liberal
construction is a judicial term of art that authorizes courts to effect the intended purpose of the
language; that the existing language of the Charter provides for liberal construction of
enumerated powers instead of all powers, and the Charter Review Commission detennined that
liberal construction is appropriate to effect the purposes for all of the City's lawful powers;
WHEREAS, as to a proposed amendment to § C-8 of the Charter (Powers of the City),
the Charter Review Commission determined that, enumerated powers of the City of Ocoee for
the acquisition and disposal of property, including real property, should include the exchange of
such properties;
WHEREAS, as to a proposed amendment to § C-11 of the Charter (Eligibility,
Residency Requirement and Proof), the Charter Review Commission determined that, to uphold
the integrity of the City's elections, candidates for Mayor should reside in the City for at least one
(1) year before qualifying, and candidates for Commissioner should reside in the district they
seek to represent for at least one (1) year before qualifying, and that the candidates should furnish
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such proof of meeting the residency requirement as the City Commission may prescribe by
ordinance;
WHEREAS, as to a proposed amendment to § C-17 of the Charter (Successors), the
Charter Review Commission determined that, by ordinance, the qualifying period for a candidate
who seeks to be the successor to a Mayor or Commissioner who has resigned should occur early
enough so that the successor's election occurs during the same election the resigning Mayor or
Commissioner is running for another office; therefore, the Charter Review Commission
determined that § C-17 should be amended to provide that the successor to the resigning Mayor
or Commissioner should be elected at the next regular or general city election within 12 months
of the resignation; the Charter Review Commission also approved of clarifying language in § C-
17 and is recommending that the City Commission adopt an ordinance establishing that the
qualifying period for candidates for Mayor and City Commissioner occur between noon the first
Friday in December and noon the second Friday in December before the election, and such other
five (5) business day qualifying periods as the City Commission may establish;
WHEREAS, as to a proposed amendment to § C-18 of the Charter (Independent Audit),
the Charter Review Commission detennined that the current requirement to procure a new
auditor every three (3) years is too frequent due to the passage of Florida Statutes § 218.391,
which is a safeguard against fraud and embezzlement by requiring municipalities to establish an
auditor selection committee; therefore, the Charter Review Commission determined that the City
Commission should have the authority to designate an accountant or accounting fine to serve as
auditor annually or for a period not exceeding five (5) years;
WHEREAS, as to a proposed amendment to § C-21 of the Charter (Appointment,
qualifications, compensation of the City Manager), the Charter Review Commission determined
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that the City Commission should have the flexibility to reasonably relax the requirement for a
new City Manager to reside in the City of Ocoee within one (1) year of beginning employment
due to extenuating circumstances or market conditions, but only with unanimous consent;
WHEREAS, as to a proposed amendment to § C-28 of the Charter (City Clerk), the
Charter Review Commission determined that the Charter should reflect actual practice such that
the City Manager determines the salary of the City Clerk, subject to the budget approval of the
City Commission;
WHEREAS, as to a proposed amendment to § C-45 of the Charter (Election dates and
terms of office), the Charter Review Commission deterimined that, for clarity, the Charter should
define the terns "regular election," "special election," and "general municipal election," which
are used in various sections of the Charter, and further, that a person elected to the office of
Mayor or City Commissioner should be sworn -in immediately before the first regular meeting of
the City Commission, instead of at the currently prescribed time of 7:00 p.m., given that City
Commission meetings commence at 6:15 p.m.;
WHEREAS, as to a proposed amendment to § C-49 of the Charter (Conduct of
Elections), the Charter Review Commission determined that the City Commission should have
the flexibility to schedule elections and candidate qualifying periods by either resolution or
ordinance;
WHEREAS, as to a proposed amendment to § C-50 of the Charter (Certification of
results; canvass of returns; notification of successful candidates), the Charter Review
Commission determined that the city clerks of the Town of Windermere, the City of Apopka, and
the City of Winter Garden serve on each city's respective election canvassing board; that the City
Clerk of the City of Ocoee coordinates the City's election activities and must certify election
it!
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results under § C-50; that for practical reasons the City Clerk of the City of Ocoee should serve
on the City of Ocoee's canvassing board together with two (2) citizens appointed by the City
Commission, and, to increase citizen participation, the City Commission should appoint two (2)
citizens as alternates to the canvassing board.
WHEREAS, § C-61 of the Charter further states, "The City Commission shall, within 45
days of receipt, review the report" of the Charter Review Commission. "If the City Commission
has comments or recommendations, the City Commission will return its comments or
recommendations, if any, to the Charter Review Commission within the same 45 day period."
WHEREAS, § C-61 of the Charter further states, "The Charter Review Commission
shall consider the comments or recommendations of the City Commission and then shall make
its own final report to the City Commission, in ordinance form, which shall be adopted verbatim
by the City Commission and which shall be placed on the ballot at the next municipal election."
WHEREAS, pursuant to Florida Statutes § 166.031, on , 2023, the
City Commission conducted an advertised public hearing and adopted this ordinance to submit to
the voters at the next municipal election, on March 19, 2024, or as otherwise scheduled,
proposing amendments to the Charter.
WHEREAS, Florida Statutes § 166.031(2) states, "Upon adoption of an amendment to
the charter of a municipality by a majority of the electors voting in a referendum upon such
amendment, the governing body of said municipality shall have the amendment incorporated into
the charter and shall file the revised charter with the Department of State. All such amendments
are effective on the date specified therein or as otherwise provided in the charter."
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CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Recitals. The foregoing recitals are incorporated as if set forth at
length and are hereby made a part of this ordinance.
SECTION 2. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of
Florida, Chapter 166, Florida Statutes, Chapter 5 of the City Code pertaining to elections, and §
C-61 of the Charter, pertaining to the Charter Review Commission.
SECTION 3. Format of Proposed Amendments to the Charter. In the
proposed amendments to the Charter in the sections that follow, words that are stricken are
deletions; words that are underlined are additions; and stars (***) indicate omitted sections and
subsections that do not represent Charter amendments.
SECTION 4. Proposed Amendment to � C-8 of the Charter: Powers of the
City.
4.1 Text of the Amendment. The City shall submit the following proposed amendment to §
C-8 of the Charter to the qualified electors of the City of 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
N.
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Charter. wept as oth.—.*., —ided horehn,4The fallowing
powers of the city shall be construed liberally and in favor of the
city to effect their intended purposes, 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. The Citv of Ocoee's powers include:
B. Property rights. To purchase, lease, acquire by eminent
domain, exchange, or otherwise obtain, receive and hold property
or any interest in property, whether real, personal or intangible, for
such municipal or other public purposes as the City Commission
may, by ordinance or otherwise, deem necessary and proper; to
sell, lease, exchange, or otherwise dispose of said property for the
benefit of the city to the same extent that natural persons might or
could do, except as otherwise provided herein.
4.2 Ballot Title and Questions. The ballot titles and summaries for the proposed
amendments to § C-8 of the Charter, set forth in Section 4 of this Ordinance, shall be set forth
below, and shall be followed by the words "yes" and "no":
E
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Question #1
Section C-8 of the City of Ocoee's Charter shall be amended to
provide that the City of Ocoee's powers be liberally construed in
favor of the city to effect their intended purposes.
Shall the above -described amendment be adopted?
YES
m
Question #2
.,9 01111102 W�
Section C-8 of the City of Ocoee's Charter shall be amended to
provide that the City's enumerated powers shall include the right to
acquire or dispose of property, including real property, by
exchange.
Shall the above -described amendment be adopted?
YES
mallV
SECTION 5. Proposed Amendment to � C-11 of the Charter (Eligibility.
Residencv Requirement and Proof).
5.1 Text of the Amendment. The City shall submit the following proposed
amendment to § C-11 of the Charter to the qualified electors of the City of Ocoee:
§ C-11. Eligibility. Residency Requirement and Proof.
Each candidate for the office of Mayor shall, at the *ifae of for at
least one (1) vear before qualifying as a candidate for such office,
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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, a4 the time of for at
least one (1) 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 Mavor or
Commissioner shall furnish such proof of meeting the one (1) year
residency requirement as may be prescribed by ordinance.
5.2 Ballot Title and Question. The ballot title and summary for the proposed
amendment to § C-11 of the Charter, set forth in Section 5 of this Ordinance, shall be set forth
below, and shall be followed by the words "yes" and "no":
Question #3
. ♦-1
TO ACRESIDENCY
REQUIREMENTS FOR CANDIDATES FOR MAYOR AND
CITY COMMISSIONER
Section C-11 of the City of Ocoee's Charter shall be amended to
provide that candidates for Mayor shall reside in the City of Ocoee
for at least one (1) year before qualifying as a candidate and to
require candidates for City Commissioner to reside in the district
they seek to represent for at least one (1) year before qualifying as
a candidate.
Shall the above -described amendment be adopted?
YES
m
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SECTION 6. Proposed Amendment to � C-17 of the Charter (Successors).
6.1 Text of the Amendment. The City shall submit the following proposed
amendment to § C-17 of the Charter to the qualified electors of the City of Ocoee:
§ C-17. 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 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
Commissioner shall serve until such time as a Mayor is elected.
The Mayor pro tern shall resume representation of his a single -
member district for the remainder of the term.
2. The successor to the office of Mayor or Commissioner shall 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 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.
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The successor shall serve for the unexpired term of the member
who created the vacancy.
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.
6.2 Ballot Title and Question. The ballot title and summary for the proposed
amendment to § C-17 of the Charter, set forth in Section 6 of this Ordinance, shall be set forth
below, and shall be followed by the words "yes" and "no":
Question #4
AMENDMENT OF § C-17, CITY OF OCOEE CHARTER,
TO PROVIDE FOR THE SUCCESSOR TO THE OFFICE OF
MAYOR OR COMMISSIONER TO BE ELECTED AT THE
NEXT REGULAR OR GENERAL CITY ELECTION, IF
HELD WITHIN TWELVE (12) MONTHS OF THE
VACANCY
Section C-17 of the City of Ocoee's Charter shall be amended to
provide that the successor to the office of Mayor or City
Commissioner shall be elected at the next regular or general city
election, if held within twelve (12) months of the vacancy.
Shall the above -described amendment be adopted?
YES
NO
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Audit).
SECTION 7. Proposed Amendment to � C-18 of the Charter (Independent
7.1 Text of the Amendment. The City shall submit the following proposed
amendment to § C-18 of the Charter to the qualified electors of the City of Ocoee:
§ C-18. Independent Audit.
The City Commission shall provide for an independent annual
audit of all city accounts in confonnance with the auditor selection
procedures of � 218.391, Florida Statutes, 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 not exceeding4lfee-f3*five (5) years. If the state makes
such an audit, the City Commission may accept it as satisfying the
requirements of this section.
7.2 Ballot Title and Question. The ballot title and summary for the proposed
amendment to § C-18 of the Charter, set forth in Section 7 of this Ordinance, shall be set forth
below, and shall be followed by the words "yes" and "no":
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Question #5
AMENDMENT TO § C-18, CITY OF OCOEE CHARTER, TO
AUTHORIZE THE CITY COMMISSION TO DESIGNATE
AN ACCOUNTANT OR ACCOUNTING FIRM IN
ACCORDANCE WITH THE PROCEDURES SET FORTH IN
FLORIDA STATUTES § 218.391 ANNUALLY OR FOR A
PERIOD NOT TO EXCEED FIVE (5) YEARS
Section C-18 of the City of Ocoee's Charter shall be amended to
authorize the City Commission to designate an accountant or
accounting firm in accordance with the procedures set forth in
Florida Statutes § 218.391 for a period not to exceed five (5) years.
Shall the above -described amendment be adopted?
YES
MmIllV
SECTION 8. Proposed Amendment to � C-21 of the Charter (Appointment,
qualifications, compensation of the Citv Manager).
8.1 Text of the Amendment. The City shall submit the following proposed
amendment to § C-21 of the Charter to the qualified electors of the City of Ocoee:
§ C-21. Appointment, Qualifications, Compensation of the
City Manager.
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
unless such time is reasonably extended by the unanimous approval
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of the Citv Commission, and thereafter shall remain a resident of
the City while employed as City Manager.
8.2 Ballot Title and Question. The ballot title and summary for the proposed
amendment to § C-21 of the Charter, set forth in Section 8 of this Ordinance, shall be set forth
below, and shall be followed by the words "yes" and "no":
Question #6
. ♦ ��
AUTHORIZETO
REASONABLY EXTEND THE REQUIREMENT FOR THE
MANAGERCITY TO BECOME A RESIDENT
CITY OF OCOEE
Section C-21 of the City of Ocoee's Charter shall be amended to
authorize the City Commission to reasonably extend the
requirement for the City Manager to reside in the City within one
(1) year of beginning employment upon the Commission's
unanimous approval.
Shall the above -described amendment be adopted?
YES
m
SECTION 9. Proposed Amendment to � C-28 of the Charter (City Clerk).
9.1 Text of the Amendment. The City shall submit the following proposed
amendment to § C-28 of the Charter to the qualified electors of the City of Ocoee:
§ 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
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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 budget approval of the City Commission. ***
9.2 Ballot Title and Question. The ballot title and summary for the proposed
amendment to § C-28 of the Charter, set forth in Section 9 of this Ordinance, shall be set forth
below, and shall be followed by the words "yes" and "no":
Question #7
AMENDMENT TO § C-28, CITY OF OCOEE CHARTER,
TO CLARIFY THAT THE CITY CLERK'S SALARY IS
SUBJECT TO THE CITY COMMISSION'S BUDGET
APPROVAL
Section C-28 of the City of Ocoee's Charter shall be amended to
clarify that the City Manager shall determine the City Clerk's
salary, subject to budget approval by the City Commission.
Shall the above -described amendment be adopted?
YES
SECTION 10. Proposed Amendment to � C-45 of the Charter
(Election dates and terms of office).
10.1 Text of the Amendment. The City shall submit the following proposed
amendment to § C-45 of the Charter to the qualified electors of the City of Ocoee:
§ C-45. Election dates and terms of office.
A. Regular Elections. A 'regular election' is an election held at a
regular interval to elect the office of Mavor or Citv
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Commissioner. Beginning in March 2021, regular municipal
elections shall be held annually on the second Tuesday in
March of each odd -numbered year. ***
B. Special Elections. A `special election' is an election that may
be held to fill a vacancv on the City Commission pursuant to §
C-17 or to approve of an ordinance by initiative or repeal an
ordinance by referendum pursuant to § C-19.
C. General Elections. A general city election' is anv municipal
election that is not a special election or regular election.
-B.D. Notwithstanding 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 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 a4
7:00 p.m. on the day 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 § 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
W.
Page 22 of 163
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.
10.2 Ballot Title and Question. The ballot title and summaries for the proposed
amendments to § C-45 of the Charter, set forth in Section 10 of this Ordinance, shall be set forth
below, and shall be followed by the words "yes" and "no":
Question #8
AMENDMENT TO § C-45, CITY OF OCOEE CHARTER,
TO DEFINE "REGULAR," "SPECIAL," AND "GENERAL
CITY ELECTIONS"
Section C-45 of the City of Ocoee's Charter shall be amended to
define "regular elections" as those held at regular intervals for the
election of Mayor and City Commissioner, "special elections" as
those held to fill a vacancy in the office of Mayor or City
Commissioner, for a citizen initiative to approve of an ordinance,
or a referendum to repeal an ordinance, and "general elections" as
any other municipal election.
Shall the above -described amendment be adopted?
m
Question #9
Section C-45 of the City of Ocoee's Charter shall be amended to
provide that any person elected to the office of Mayor or City
Commissioner shall be sworn into office immediately prior to
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commencement of the next regularly scheduled City Commission
meeting held after the Canvassing Board declares the election
results.
Shall the above -described amendment be adopted?
YES
SECTION 11. Proposed Amendment to � C-49 of the Charter
(Conduct of Elections).
11.1 Text of the Amendment. The City shall submit the following proposed
amendment to § C-49 of the Charter to the qualified electors of the City of Ocoee:
§ C-49. Conduct of Elections.
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. The Citv Commission may
set the dates of elections and dates of civalifvin2 of candidates by
resolution or ordinance.
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11.2 Ballot Title and Question. The ballot title and summary for the proposed
amendment to § C-49 of the Charter, set forth in Section 11 of this Ordinance, shall be set forth
below, and shall be followed by the words "yes" and "no":
Question #10
AMENDMENT OF § C-49, CITY OF OCOEE CHARTER,
TO AUTHORIZE THE CITY COMMISSION TO SET THE
DATES OF ELECTIONS AND CANDIDATE QUALIFYING
PERIODS BY RESOLUTION OR ORDINANCE
Section C-49 of the City of Ocoee's Charter shall be amended to
authorize the City Commission to set the dates of elections and
dates of qualifying periods for candidates by either resolution or
ordinance.
Shall the above -described amendment be adopted?
YES
m
SECTION 12. Proposed Amendment to � C-50 of the Charter
(Certification of results; canvass of returns; notification of successful candidates).
12.1 Text of the Amendment. The City shall submit the following proposed
amendment to § C-50 of the Charter to the qualified electors of the City of 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
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meeting of the Canvassing Board, which shall consist of the Citv
Clerk and thfee—(3) two (2) citizens appointed by the City
Commission. The Citv Commission shall also appoint two (2)
additional citizens to serve as alternates to the Canvassing 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.
12.2 Ballot Title and Question. The ballot title and summary for the proposed
amendment to § C-50 of the Charter, set forth in Section 12 of this Ordinance, shall be set forth
below, and shall be followed by the words "yes" and "no":
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Question #11
AMENDMENT OF § C-50, CITY OF OCOEE CHARTER, TO
APPOINT THE CITY CLERK AND CITIZENS TO THE
CITY OF OCOEE CANVASSING BOARD
Section C-50 of the City of Ocoee's Charter shall be amended to
appoint the City Clerk to the City of Ocoee's election Canvassing
Board in addition to two (2) citizens and two (2) citizen alternates
appointed by the City Commission.
Shall the above -described amendment be adopted?
YES
m
SECTION 13. Codification & Corrections. Any Charter amendment
provided for in this Ordinance which receives affirmative votes from the majority of the votes
cast shall be incorporated into the Charter of the City of Ocoee. Any section, paragraph number,
letter and/or any heading may be changed or modified as necessary to effectuate the foregoing.
Grammatical, typographical and similar like errors may be corrected, and additions, alterations,
and omissions not affecting the construction or meaning of this Ordinance or the Charter may be
freely made.
SECTION 14. Directions to Citv Staff. City Staff, under the direction of
the City Manager, are directed and authorized to take such actions as are necessary and advisable
to effect and carry out this Ordinance and the Charter amendments and referendum provided for
herein, including putting the questions set forth herein on the ballot for the next municipal
election on March 19, 2024, or as otherwise scheduled. If the Charter is amended by a majority
vote of the qualified electors of the City, the City Clerk shall file a copy of the revised Charter
with the Florida Department of State in accordance with § 166.031(2), Florida Statutes.
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SECTION 15. Severability. If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, severed, distinct, and
independent provision, and such holding shall not affect the validity of the remaining portions of
this Ordinance.
SECTION 16. Conflict. In the event of a conflict or conflicts between this
Ordinance and any other Ordinance or provision of law, this Ordinance controls to the extent of
the conflict, as allowable under the law.
SECTION 17. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption. Any Charter amendment provided for herein shall
become effective immediately upon approval by the qualified voters of the City of Ocoee and
certification by the Supervisor of Elections or other appropriate officer or entity.
PASSED AND ADOPTED this day of 2023.
[Space intentionally blank]
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ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED
AS TO FORM AND LEGALITY
this day of , 2023.
FISHBACK DOMINICK
C
Richard S. Geller
Special Counsel/Facilitator
ADVERTISED 2023
READ FIRST TIME
2023.
READ SECOND TIME AND ADOPTED
, 2023.
UNDER AGENDA ITEM NO.
S:\AKA\CLIENTS\Ocoee, City of\Charter Review - Elections 0164-27414\Resolution and Ordinances\Ordinance 2023- Amending Ocoee
Charter (STAFF FORMATTING REV.) - rsg - 7 25 23 - vCC.doc
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ORDINANCE NO.2023-
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
ENACTING A RECOMMENDATION BY THE CITY'S
CHARTER REVIEW COMMISSION PROPOSING
AMENDMENTS TO SECTION 5-3 OF THE CODE OF THE
CITY OF OCOEE PERTAINING TO THE PROOF
REQUIRED FOR MEETING THE ONE (1) YEAR
RESIDENCY REQUIREMENT PROPOSED AS AN
AMENDMENT TO THE CITY OF OCOEE CHARTER;
ESTABLISHING THE QUALIFYING PERIOD FOR
CANDIDATES FOR THE OFFICE OF MAYOR AND CITY
COMMISSIONER BETWEEN NOON ON THE FIRST
FRIDAY IN DECEMBER UNTIL NOON ON THE SECOND
FRIDAY IN DECEMBER BEFORE THE SCHEDULED
ELECTION FOR SUCH OFFICES; AND AUTHORIZING
THE CITY COMMISSION TO SET OTHER FIVE (5)
BUSINESS DAY QUALIFYING PERIODS BY RESOLUTION.
WHEREAS, the City of Ocoee (the "City") is vested with Home Rule authority pursuant to
Article V1II, Section 2 of the Constitution of the State of Florida and Chapter 166, Florida Statutes to
conduct municipal government, and exercise any power for municipal purposes except as otherwise
prohibited by law; and
WHEREAS, § C-59 of the City of Ocoee Charter states, "A Charter Review Commission
may also be appointed by the City Commission at such times as deemed necessary by the City
Commission;" and
WHEREAS, on April 18, 2023, the City Commission determined that a Charter Review
Commission should be appointed to consider and propose certain amendments to the Ocoee City
Charter, including an enlarged residency requirement for candidates for Mayor and City
Commissioner; and
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WHEREAS, in accordance with § C-61 of the City of Ocoee Charter, the City Commission
determined that citizens should vote on proposed Charter amendments at the next municipal election,
on March 19, 2024, or as otherwise scheduled; and
WHEREAS, on May 16, 2023, the City Commission appointed a Charter Review
Commission consisting of seven (7) citizens, including two (2) alternates, to review the Charter and
recommend proposed amendments;
WHEREAS, § C-61 of the City Charter states, "The Charter Review Commission shall be
empowered to conduct a comprehensive study of any or all phases of city government."
WHEREAS, in June and July 2023, the Charter Review Commission held multiple noticed
public meetings, comprehensively studied phases of city government as impacted by the Ocoee
City Charter, and solicited and received input from citizens of the City of Ocoee;
WHEREAS, as to a proposed amendment to § C-11 of the Ocoee City Charter (Eligibility,
Residency Requirement and Proof), the Charter Review Commission determined that, to uphold
the integrity of the City's elections, candidates for Mayor should reside in the City for at least one
(1) year before qualifying as a candidate, and candidates for Commissioner should reside in the
district they seek to represent for at least one (1) year before qualifying as a candidate, and that the
candidates should furnish to the City Clerk such proof of meeting the residency requirement as the
City Commission may prescribe by ordinance;
WHEREAS, the Charter Review Commission determined that it is preferable for qualified
electors to vote on a successor to a Mayor or City Commissioner who has resigned to run for
another office at the same election the resigning Mayor or City Commissioner is seeking the other
office; however, a qualifying period in the January before the election does not leave sufficient
time for notification and to hold a second qualifying period for candidates to run for the vacated
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office before the mailing of overseas and military ballots; therefore, the Charter Review
Commission is recommending that the usual qualifying period for the offices of Mayor and City
Commissioner take place between noon on the first Friday in December before the election and
ending at noon on the second Friday in December before the election, and allowing the City
Commission discretion to establish a second five (5) business day qualifying period to fill the
vacancy for the same election, or for other purposes, including any requirements of the Orange
County Supervisor of Elections;
WHEREAS, on July 20, 2023, the Charter Review Commission voted to submit its
recommended amendments to the City of Ocoee Charter to the City Commission;
WHEREAS, on July 20, 2023, the Charter Review Commission also voted to
recommend that, to implement the proposed amendment to § C-ll of the Ocoee City Charter, the
City Commission should adopt an ordinance amending § 5-3 of the Code of the City of Ocoee
that would (1) identify the proof required to establish one-year of residency in the City for
candidates for Mayor, and one-year residency in the district they seek to represent, for candidates
for City Commissioner; (2) establish a qualifying period between noon on the first Friday in
December before an election and ending at noon on the second Friday in December before an
election; and (3) authorizing the City Commission to establish other five (5) business day
qualifying periods by resolution.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Recitals. The foregoing recitals are incorporated as if set forth at length
herein and are hereby made a part of this ordinance.
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SECTION 2. Authority. The City Commission of the City of Ocoee has the authority
to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida,
Chapter 166, Florida Statutes, and § C-49 of the Ocoee City Charter, which authorizes the City
Commission to, by ordinance, provide for the conduct of elections and "election details."
SECTION 3. Amendment to & 5-3 of the Code of the Citv of Ocoee (Oualification of
candidates). Section 5-3 of the Code of the City of Ocoee is amended 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.
B. A candidate for Mavor shall furnish to the Citv Clerk proof of at
least one-vear of residencv in the City and a candidate for
Commissioner shall furnish to the Citv Clerk proof of at least one-
vear of residencv in the District in which the candidate is runnin4.
Such proof of residencv shall be sworn -to under penalty of periury
and consist of a voter registration card and government -issued
photo identification card and at least one (1) of the followin4: a
deed, lease, utility bills, or other clear and convincin4 documentary
rp oof
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C. Such qualification papers shall be filed and the qualifying fee paid
at any time after 12:00 noon on the day which is the first Friday in
December prior to the date scheduled for the election five business.
.. a! eleeti n 4h „o-ar in the election for suesueh o ffi e
;s s but not later than 12:00 noon on the date which is the
second Friday in December prior to the date scheduled for the
election for such office,46 calendar- dayspr-ioFto the sehe ul a
election for- such office is sehe'ul , or such other five (5) business
day qualiNinz period for a regular, special, or general election as
may be established by the City Commission by resolution. Should
the last day upon which said qualification papers may be filed fall
on a weekend or anot e 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.
SECTION 4. Codification & Corrections. In codifying the foregoing amendment to §
5-3 of the Code of the City of Ocoee, any section, paragraph number, letter and/or any heading
may be changed or modified as necessary to effectuate the foregoing. Grammatical,
typographical, and similar like errors may be corrected, and additions, alterations, and omissions
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not affecting the construction or meaning of this Ordinance or the City Charter may be freely
made.
SECTION 5. Directions to Citv Staff. City Staff, including the City Clerk, under the
direction of the City Manager, are directed and authorized to take such actions as are necessary
and advisable to effect and carry out this Ordinance.
SECTION 6. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, severed, distinct, and
independent provision, and such holding shall not affect the validity of the remaining portions of
this Ordinance.
SECTION 7. Conflict. In the event of a conflict or conflicts between this Ordinance
and any other Ordinance or provision of law, this Ordinance controls to the extent of the conflict,
as allowable under the law.
SECTION 8. Effective Date. This Ordinance shall become effective immediately upon
adoption of the amendment to § C-11 of the Ocoee City Charter (Eligibility, Residency
Requirement and Proof) proposed by the Charter Review Commission, upon a majority vote of
the qualified electors of the City of Ocoee on March 19, 2024, or when otherwise voted upon, and
certification by the Supervisor of Elections or other appropriate officer or entity.
PASSED AND ADOPTED this day of 2023.
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Page 35 of 163
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED , 2023
READ FIRST TIME
2023.
READ SECOND TIME AND ADOPTED
52023.
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED
AS TO FORM AND LEGALITY
this day of 2023.
Richard S. Geller
Special Counsel/Charter Review
Commission Facilitator
S:\AKA\CLIENTS\Ocoee, City ot\Charter Review - Elections 0164-27414\Resolution and Ordinances\Ordinance Amending Sec. 5-3 of the City Code
(Qualification of Candidates) (STAFF REV.) - rsg - 7 25 23- vCC.docx
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