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HomeMy WebLinkAbout08-01-2023 Supporting DocumentsCity of Ocoee Charter Review Commission presentation of a Proposed Report to the City Commission August 1, 2023 Presented ►by: Lou Forges, Chair, Charter Review Commission Rick Geller, Facilitator and Special Counsel to the City • Introduction by Chair Lou Forges • Review of Ballot Questions, Comparisons of other City Charters, and a proposed supporting ordinance on elections by Facilitator/Special Counsel Rick Geller Introduction • Section C-59 of the Charter: • A Charter Review Commission convenes every 10 years and "may also be appointed by the City Commission at such times as deemed necessary by the City Commission." • April 18, 2023 • The City Commission determined that a Charter Review Commission should be appointed to propose amendments to the Charter, including an enlarged residency requirement for Mayoral and City Commission candidates. • May 16, 2023 • City Commission appointed five Charter Review Commission members and two alternates Introduction • Charter Review Commission Members: • Lou Forges, Chair • Jim Sills, Vice Chair • Derrick Chacon • Adam Lovejoy • Thomas Lowrie • Fannie McTavish, 1st Alternate • Kelton Butler, 2nd Alternate • Recording Secretary/City Clerk • Melanie Sibbit • Facilitator/Special Counsel to the City • Rick Geller Introduction • Charter Review Commission Meeting Dates: • June 8, 2023 • June 15, 2023 • June 29., 2023 • July 13, 2023 • July 20, 2023 Members of the public provided commentary, feedback,, and --o-ecommendations at each meeting. Introduction § C-61 of the City of Ocoee Charter: "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." July 20, 2023: The Charter Review Commission voted to approve and submit I I recommended amendments in a proposed Report in ordinance form to the City Commission. Introduction § C-61 of the City of Ocoee Charter: "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:' This presentation of our proposed Report starts this 45 day period. Introduction § C-61 of the City of Ocoee Charter: • "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:' Introduction Florida Statutes § 166.031(2): "Upon adoption of an amendment to the charter of a municipality by a majority of the electors voting in a referendum ... the governing body ... 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." Proposed Report of the Ocoee Charter Review Commission A k MOM 0 F-AAMM4161 i!j NEIVIVIOILIMMAIN :+ ViORKir4G.DRAF7-(v..41.--7tl3,i2-31 00011i 13 C-8.-POWERS-OF4HE-CITY11 I 1lRowers-ofthe-city.Ig Discussion-.!Allow-liberal-conshucbon-cf-all- The.;City-of-Ocoee-shaN-have-aN- of-the-City's-po%vellrs-wffhout-restdc,fion�to. governmental, -corporate -and - parficular-powers?-I Prophetary -powers-and -all -other. poviers -possible-for-a-city4o -have. §-C-8,.IIPowersq*the-cfty.1j under-the-Consfitutionand-the-faivs. of-Florida.,as-fully-and-completely-as- The-Citry-of-Ocoee -shall-have-all- though -they -were-speriffically - governmental, -corporate-and -proprietary- enumerated -in -this -Charter. -Except- powers-and .,all. other -powers -possible -for -a- as •othervrise -provided. herein, -thi city-lo•have -under-the-Constitution and -the- foil ovvi:ng-powers-of4he-cityshaff- laws-of-Florida - as4blly-and -completely-as. be -construed -liberally -and -in - though -they -were-specifically -enumerated-in- favor�of4heii -and-the -specific- this-Gharter.- mention-of-particularveTs-in-Me- Usi ,4T ChartL-t•shaU.not-be.,construed-as. Shaill.b,BL.ConstFued-liberally-and-ill,,Mv'or-of, I Iftniting, -in - any -way, 4he -picivers- the -c try, B and -the -specific -menti on,of - granted -to -the -city u rider - the - particular -powers -in -the -Charter-shall-not -be - Constitution -and .1he-laws -offloricial construed-as-tireffing, -in-any-way, Ihe-powers- granted-lio -the -city -under-the-C onstitution -and - B­* properly rights. -To- the -laws -offlodda. --The -C ity-of-Ocoeel a- purchase, -lease, -acquire powerwinclude:1, by -eminent -domain, -or• if otherwise -obtain, •receive- B.. -* Property -rights. To -purchase, -lease, - and -hold -property -or -any acquire-by-eminent-domain,-exchanige'Lor' interest-in-proi othertvise-obtain, -receive -and-hold -property -or whether-real,-personalor- any -interest-in -property, -whether-real, - intangiblejor-such- personal -or-intangible, -fdr-such -municipaf-or• municipal-or-other-pubfic- other-puble-,Purposes-as-the-City- purposes -as -the -City- Commission-may, -by-ordinance-or-otherwise,- Commission -may, -by - deem -necessary-and-proper; -to-sell, Aease, - ordinance-or-otherwise,- exchiange, or-otherwise.djspose-ofsaid- deem -necessary -and - property -fbr4he•benefd.of.the-edy-to-the-same proper, 4o.sell, -lease, -or. extent-that-natural-Lpersons-might-or-could-do,- otherwise -dispose -of-said - except-as-otheFveise-provided-herein.1 property -for-the-beneft-of - the-city4o -the -same -extent- that. natural -persons-might. Discussion:-Preem,pflon-of�Murticipal- or -could -do, -except -as - Po rs:1 otherwise -provided -herein. I Federal -law -can -preempt-and -supersede. A slate -law-under-the.,Supremacy -Clause-of-the - United -States-Gonslitution. --The-State-of- A rti Gle-lV­ Powers -of -the - Sec. - 1.0 a. —Genera I -powers -of- Townj Gity.11 T I The -Town -shall have -all - The -city -shall have all g ove mime n tal, -corporate and. governmental, -corporate, and. pro priletary -1i and-alLittlGirty. pro prietary .1powers possible -for a. to enable it -to: 1,'-conduct- city -to -have -under-the constitution. municipa I -govern inent, -2) - and .1 avrs -of-the -Staife -of. Florida -as - perform -mu;nicipa I -functions -and - though they -were -specifically. 3) -render. municipal services - enumerated -in -this -Charter to - The -Town -may -exercise -any. eniable-it-lo-condu,ct.mtinlicipal- power-for. ni unicip al -purposes - except -as otherwise provided -by law The -powers -of -the -Town - shall-be-coiistrued-liberalilly-iii- favor-of -the -municipality,- limited-only-by-the- Constitution,-theIaws-of- Florida, -anct-specific- limitations -Gontained-herein. The. specific -mention -of- particular po,i�ers-in thus -Charter shall not -be construed -as limiting in -any way -the general) power.. granted ,in -this , article 0--b 7 government, perform municipal. fu notions. and -render -municipal - seMces -and-the city -may -exercise - any - power -for. in u fl icipal -purposes - ex.cept-as,expressliy.lprohilbiled-by- law-or-thiis-Charter.1 I Sec. - 1.04. —Constru ctioni I The�powers-of-the-Gity-shall-be- constru ed-liberailly -i n -favor-of -the - city, -limited -on 1y- by -the constitution. and -generall.rand-special -laws -of the - State of. Florida -and,specific - limitations-in-lidis-CharleTJ WINTER-G,ARDENo WINTER-PARKo Sec. -I —Powers -of -city;- Sec.-I.Ol.---Creation,-pc)wers,- general.1 and -construction -I I The -City -of V.Iinter-Gafden -hereby - The-Cily-of 'Alifliter, Park4s -created - created „ -established -and - which shall -have all. organized shall -have -all- governmental, -corporate. and - governmental, -corporate,, -arid. pro prietary -li to -enable -it-to prop dietary -powerS rand -aiuth only, - conduct-imiuflicipall-govemnient, to, enable it -to - cond u ci - in u n icipal perform - mi unicilca I -fu nct io n:s -and - g eve mime flt'r perform municipal. render -mu ri -services, -and functions; and -render -MILlinicipal - iray -exercise - any-power-fo r. services. -and-may-exercise-any. power -for -municipal -purposes - except -as otherwise provided-li law -The-powers,of-the,City,of- Winter-Garden-shall-be- construed-liberalilly-in-favor-of- the-municipality,-Iim:ited-only- by-the-Constitution '.-general- law, -a nd-specifio-fimitations - contained -herein. The specific. mention of,parlicular-prowers in. the charier-shiall not-lbe-construed- as-linniting-in-any-way -the generall. power -granted in -this section.1 municipal purposes -except as. otherwise provided -by-law. The - powers -of-the -city -u n der this - Charter -shall -be -construed - I i be rally I ni vor-of -th e°cityr,- and -the -specif ic,mention,of, particular-powers-in-the- Charter-shall-not-be-construed- as-limitingin-any-way-the, general-power-graiited-in-this° a rtiGle T ORDLNA_NCT-NO_-2023- Ir V AN- ORDINANCE- OF- THE- CITY- OF - OCOEE,, FLORIDA, - CONSISTING- OF- A -REPORT, BY -THE- CITVS• CHARTER - REVIEW CO'.%l'_%lISSlO_N- PROPOMG-AMENDNEENTS-T& THE -C=-GF-OCOEE'S-CH.ARTER-FOR-THEaB.ULOT-AI - THE- NEXT,- GENERAL- MUNICIPAL- ELECTION,- ON,- NLARCH- 19.- 20' .4,- OR- AS® OTHERIVISE- SCHEDITLED..- PERTMNING-TO:� (1),§ - C-8- (POWERS- OF- THE - CIT iD-'TO- STATE -THAT-THE CITY S-POWERS -SHALL -BE -CONSTRUED-LIBERALLY-EX- 7T FAVOR- OF- THE • CITY- TO® EFFECT- THEIR- I. ENDED- PLTYOSES- AND- THAT® THE- CITVS- ENU`MERATED ll- POWERS- S-kLl- 1N7C LL7DE- THE- AUTHORITY- TO- EXCILALNGE -PROPERTY; -� (2), §- C-11- (ELIGIBILITY.- RESIDENCY- REQUIREME-il- AND -PROOF) TO- REQUIRE- CANDIDATE S - FOR-.XLIYOR- TO-RESIDE-IN'-THE,C'ITY-FOR-.kT-LEAST-O--\-E-(l)- VEAR- BEFORE- QUALIFYING- Ag� A- CANDIDATE- AND- TO - REQUIRE - CANDIDATES- FOR, CITY • CONLMISSIONER- TO- RESIDE-I.N-THE- DISTRICT -THEY- SEEK- TO -REPRESENT- FOR-AT -LEAST ONE - (1) -YEAR- BEFORE - QUALIF I ING -AS- A-C.A_NDEDATE;-'I (3), §• C-17- (SUCCESSORS)- 10- PROVIDE- FOR- THE- SUCCESSOR- TO- 'THE- OFFICE- OF- '\IAYOR- OR- CONL\.USSIONER, TO- BE- ELECTED- AT- THE- NEXT- REGULAR- OR- GENZEFLU- CITY- ELECTION,- IF- HELD WITHI. - N�TII-ELI 7 , . fir -E-(12)�--\IONTHS-OF-THE-N. 'Nc ANCY. (4), §, C-18 - (INDEPENDENT- AUDIT)- TO- AUTHORIZE-THE- CITY- CO-NMISSION-T& DESIGNATE -AN- ACCOLNTANT- OR- ACCOUNTING- FIRNI- IN - ACCORDANCE- IVITH-THE- PROCEDURES- SET- FORTH- IN- FLORIDA- STATUTES- §- 218.391 -FOR-A,PERIODN OT -TO -EXCEED FIVE �-5) -YE.ARS: � (3), §- C-21- (APPOE'T_\IENT;QUALIFICATIONS.- COMPENSATION)- TO- AUTHORIZE- THE- CITY- CONMISSION- TO® REASONABLY- EXTEND- THE- REQLIR.E:.\IE-NT-FOR-THECITY--\LS-N.kGER-TO-BECO'\E- A -RESIDENT -OF-THE -CITY• OF• OCOEE -WITHIN-O'NE - (I)- YE.kR-OF-BEGI'-NNI-NG•E'\IPLOI'\,IENT-BY•A-L--N.k-NI-NfOUS. VOTE.fiF (6), § - C-2 .8 - (CITY - CLERIC) - TO - CLAMFY - TEL11 THE - CITY - CLERK'S. SALARY. IS. SUBJECT. TO. 'THE. CITY. CONL\,IISSION'S-BL7DGET-.kPPRON".U..,T (7)­§ - CA5- (ELECTION- DATES) -TO • DEFINE- "R.EGLLAP, "- 1,SPEC'I.kL.".A-NDi "GE-''SEE-AL-CITY-EL,ECTIONS"•.3,ND-TO. PROVIDE- FOR- THE- SWEARING -IN- OF- A- NEWLY- ELECTED- '\L-kYM- OR.- CITY- COM'MISSIONER- I-M-NIEDIATELY- BEFORE- THE- NEXT- REGT-'L.ARLY- SCHEDLLED-C'ITY-CO'-%LNIISSION7-NIEETCG-.kFIER•THE- CA.\-%'A.SSING- BOARD- DECLARES- THE- ELECTION- RESULTS;­� (8)-§,-C-49-(CON-DUCT-OF-ELEC'TION-S)-TO-AL7THORIZE,- 'THE- CITY- CO'\I-\ffSSION- TO- SET- THE- DATES- OF- ELECTIO'\S-A-ND®THE-D.tTES-OF-QU.kLIF-i-ING-PERIODS- FOR-CA-NDIDATES-BY-RESOLL7TIONOR-ORDIN.A-NCE.� (9)-§,C-50-(CERTIFICATIO'\-OF-RESL9LTS--C.A-N-%'.ASS-OF- RE T ITUN S - - -NOTIFICATION- OF- SUCCESSFUL- CA- 4DIDATES)- TO- APPOINT -THE -CITY -CLERK - TO- THE - CITY- OF- OCOEE*S- C.30-VASSIN& BO_ TOGETHER - WITH - TWO - (21) -OTHER- CITIZENS -.A--\D -TWO - (2) - CITIZEN - .ALTERN.kTES-.kPPOINTED-BY-THI�CITY-CONL\,IISSIO'\-.� (10)- PROVIDING- A- FORM- OF- B.ALLOl- FOR.- EACH. PROPOSED-.kNEENDNEEN T; -T (11)- DIRECTING- THE- CITY- CLERK• TO- FILE- THE- REVISED- CHARTER- AS -APPROVED- BY- THE- lOTER.S- 111TH -THE -FLORIDA-DEPARYMENT OFSTATE 1� (12)- PROVIDING -FOR- SEA-EI;LABILITY-.kND-A-S.k'%-I--aGS- CLAUSE;-.J,N'DfiF (13)- PROVIDING- FOR- CONFLICTS- AND•.VN- EFFECTIVE- DAMT 'Citv ) ik -Ye,.ted-ividi-Home-Ru"e-auth,--Yit:-purumti-to Article-VIll: § 2 . - of- the- Ccm-titution of die- State- f F",or4lda- and- Chapter 166, Florida Stamtes -to conductun-cipai govenument, and exerm'se,anv-power prohibited by-"aiv: -and' WHEREAS,.- §- C-59 of the Cit7:­cf Ocoee-s-Chartier- (hereafter, the "Chartei')- states:- "A Charter lRe-ne-tv Conuminion- may also be appomted - by, the Cin- Conumissim at such- times, ak deed -and -�, Format of Ballot Questions § C-52. Ballots for ordinances and Charter amendments. [A] charter amendment or any other matter to be voted on b the electors of the city shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement describin the substance of the measure without argument or pre udice. Welow the ballot title shall appear the followin�,� uestion: "Shahthe above -described ... (amendment) be adopted.immediately below such question shall appear the words "yes 'and "no." The elector shall cast a vote by choosing either "yes" or "i no" n the manner required by the Supervisor of Elections. Ballot Question 1 —Construing City Powers § C-8 (Powers of the City) WINDERMERE 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. WINTER GARDEN Sec. 3. - Powers of city; general. The City of Winter Garden hereby created, established and organized, shall have all governmental, corporate, and proprietary powers and authority to enable it to conduct municipal government; perform municipal functions; and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law. The powers of the City of Winter Garden shall be construed liberally in favor of the municipality, limited only by the Constitution, general law, and specific limitations contained herein. The specific mention of particular powers in the charter shall not be construed as limiting in any way the general power granted in this section. LIFII114 ti, 511NION'S TRUCKING, tiff(',, ml �rss eat 286 So.3d 143 Irle, 2019) Flu, J Chins, I.. UIh.L P0, Petitioner, v, INC.,SIsIOVS TRUCKING, Respondent. No. SCIS-657 Supreme Court. of Florida, December 19, 20I9 gar uod; Individual who responded ;o accident scene to tow tractor -trailer oaught fain action against trucking compa- eav, odeging it was strictly liable for irCju- rrs he suffered when he came in contact pith spilled battery acid. The Circuit 64 Hamilton County, William R. Slaughter, II, S,J„ entered jury verdict in faror of plaintiff, Company appealed. The Dsinet Court of Appeal,,, Wolf, J., conclud- ed that 1970 Pollutant Discharge and Con- trol Act's definition of damages precluded reuse of action for personal injuries, Qlues- ionvus certified. Holdings: The Supreme Court, Polston„ J., hell that private cause of action in 1983 iV8ter Quality Assurance Act permitted r6t(`47 for personal injury, receding item f.'dd'rd v. Moscair T e?I.iJizar; MC, 39 Su, 3d 12161 Odered accordingly 1, Environmental Law 226 private cause of action in 1983 Water Quality Assurance Act permitted recovery farpergonal Injury; receding from t,°ara°at a'. ;Haaodc F"crtilizOT, LLC.", 39 So. 3d 1216. r tat. Anti. H 376.031(5), 376,1313(3). I, Appeal and Error 3173 A ttrtified question, presenting tin is- nue Of statutory construction is nev-hewed de isaro, 3, Facrviroarmental Law e=226 Plain aneaning Of "nil damages" in 1983 PolRatant Discharge and Control Act under provision addressing discharge or Other condition of pollution included per- sonal fat un' (lamages. Fla, Stat, Ann. vs' 3X313(,J , Sec publication Words and, p17rases for Other judicial. c®ns[ructio s and definitions. d. Statutese=Io79 A court's determination of the mean- ing of a statute begins with the language of file statute. 5. Statutes 1111 If the language of a statute is clear, the statute is given its plain meaning, and a count does not look behind the statute's plain language for legislative intent or re- sort to rules of statutory construction. Application for Review of the Decision of the District Court. of Appeal — Certified Great Public Importance/Certified Direct Conflict of Decisions, First District - Case No. ID17-2065 (Hanulton County) Michael J. IDarnaso, II, and Jackson 4i1, Adams of Wooten ICimbrough, P.A„ Orion - do, F"loridw and fetes° D. Webster of Carl- ton Fields, Tallahassee, Florida, for Ped- tioner Jaaon Gonzalez and Amber Starer lVun- n ally of Snotm & Bowen, LLP, Taalhahaly_ see, Florida, for Respondent. Kansas R. Gooden of Boyd & Jenerette, P.A., ,Jacksonville, F`loridaa„ and Andrew S, Bolin of Dodo Laity Group, Tampa, Florida, Amicus Curiae Florida Defense Lawyers Association Fronk A. Shepherd Of Gray Robinson, Micari, Florida; and Willi'tun aW. Large of Florida Justice Reform Institute, Talla lms- see, Florida, Araictis Caarlae Florida Jus- tice Re forol Institute * Justice Polston: Moreover, the Legislature has directed that section 376.313(3) be ... liberally construed to effec-i-i the purposes set forth under ss. 376.30-376.3179006"" Accordingly, section 376.313(3) the 1983 act provides for the recovery s oe o personal damages. andconcur Ballot Question 1 —Text of the Amendment 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. cur-ent'wo as ^tiber.%Al'�e „�^490dad o.oro:„, The #egg 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. Question #1 MEN 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 Question #2 AMENDMENT OF § C-8, CITY OF OCOEE CHARTER, TO PROVIDE FOR THE EXCHANGE OF PROPERTY AS AN ENUMERATED MUNICIPAL POWER 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? NO Ballot Question 2 —Text of the Amendment C-8. — Powers of the city. The City of Ocoee's powers include: B. Property rights. To purchase, lease, acquire by eminent domain, exchanLe, 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, exchanue, 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. Ballot Question 3 — Residency Requirements WINDERMERE Section 5.02. - Qualifications to Sec. 4.03. - Qualifying. 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. .... Candidates for the offices of mayor and city commissioner shall qualify Sec. 12. - Qualifications. (1) Candidates. Candidates for the city commission shall have by filing a written notice of candidacy been residents of the city and of with the city clerk at such time and in the district in which they run for such manner as may be prescribed one (1) year immediately prior to 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 year next precedinq his or her election to office and shall be a registered voter pursuant to Florida law. the end of the qualifvinq 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. .... Question #3 RESIDENCYAMENDMENT OF § C-11, CITY OF O-COEE CHARTER, TO ESTABLISH ONE (1) YEAR 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? Ballot Question 3 —Text of the Amendment § C-11: Eligibility. Residency Requirement and Proof. Each candidate for the office of Mayor shall, at, *"e *� �e %W ^{ for at least one year before qualifying as a candidate for such office, be a bona fide resident of the city. The Mayor shall, during the entire term of office, be a bona fide resident of the city. Each candidate for the office of Commissioner shall, at, for at least one year before qualifying as a candidate for such office, be a bona fide resident of the single -member district which such candidate seeks to represent. A candidate for Mayor or Commissioner shall furnish such proof of meeting the one year residency requirement as may be prescribed by ordinance. �','ecommended Ordinance § 5.3 of City Code 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 V111, 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 Recommended Ordinance: Proof of Residency § 5-3. Qualification of candidates. A. All candidates for election to office in incumbent, shall qualify with the City Clerk by required by the City Clerk, qualification papers City government, including an filing, on such form as may be designating the office for which the person is a canaiaate. %)ucn quaiirication papers snail ae qualifying fee provided for in § 5-4 of the City Code. accompanied by the 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 is running. Such proof of residency shall be sworn -to under penalty of perjury and consist of a voter registration card and government -issued photo identification card and at least one (1) of the following: a deed, lease, utility bills, or other clear and convincing documentary proof. Recommended Ordinance: Qualifying in December § 5-3. Qualification of candidates (cont'd). 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 f'��e h�.c:�acc d,,,c ravr+�„�;r.e� �wietaktanrlc 206 haled2uc1 rar*ar to tha d2ta �wil ech is Ora c2land2r. d24A r►rir►r to tha cr-bad, Jad rl2ta of tba raON 1I2r aIM0ww%.Mw on 132, alac-tinM of tha up irl whh ch tba aiae-1:00M fir c�� ^08;,,a :c "a�..'a,�, 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, l or s u c other five (5) business day qualif in . 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 `w,aaLaMd �_�k 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. Question #4 AMENDMENT PROVIDE O' THE SUCCESSOR TO THE OFFICE OF MAYOR OR COMMISSIONER TO BE ELECTED AT THE NEXT REGULAR OR GENERAL CITY ELECTION, IF i 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 Wel Ballot Question 4 —Text of the Amendment C-17. - Vacancies; forfeiture of office; 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 tern serving as Mayor; such interim Commissioner shall serve until such time as a Mayor is elected. The Mayor pro tem shall resume representation of 4i-s a single -member district for the remainder of the term. Ballot Question 4 —Text of the Amendment C-17. -Vacancies; forfeiture of office; filling of vacancies (cont'd). 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. The successor shall serve for the unexpired term of the member who created the vacancy. Ballot Question 4 —Text of the Amendment C-17. -Vacancies; forfeiture of office; filling of vacancies (cont'd). 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. Question #5 1MENT TO § C-18, CITY OF OCOEE CHARTER, AUTHORIZEDESIGNATE ACCORDANCEACCOUNTANT OR ACCOUNTING FIRM IN THE PROCEDURESSET FORTH IN FLORIDA STATUTES 218.391 ANNUALLY O. O.A PERIOD NOT TO EXCEED FIVE (5) 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 Florida Statutes § 218.391 — Auditor Selection 218.391 Auditor selection procedures.—(1) Each local governmental entity prior to entering into a written contract pursuant to subsection (7),, except as provided in subsection (8) [governing renewals], shall use auditor selection procedures when selecting an auditor to conduct the annual financial audit required in s. 218.39. (2) The governing body of a ... municipality ... shall establish an auditor selection committee. (b) The auditor selection committee for a municipality ... must consist of at least three members. One member of the auditor selection committee must be a member of the governing body ... who shall serve as the chair of the committee. Florida Statutes § 218.391 — Auditor Selection (3) The auditor selection committee shall: (a) Establish factors to use for the evaluation of audit services to be provided by a certified public accounting firm duly licensed under chapter 473 and qualified to conduct audits in accordance with government auditing standards as adopted by the Florida Board of Accountancy. Such factors shall include, but are not limited to, ability of personnel, experience, ability to furnish the required services, and such other factors as may be determined by the committee to be applicable to its particular requirements. *** (d) Evaluate proposals provided by qualified firms. If compensation is one of the factors established pursuant to paragraph (a), it shall not be the sole or predominant factor used to evaluate proposals. Je) Rank and recommend in order of preference no fewer than three firms deemed to be the most highly qualified to perform the required services.... Florida Statutes § 218.391 — Auditor Selection (4) The governing body shall inquire of qualified firms as to the basis of compensation, select one of the firms recommended by the auditor selection committee, and negotiate a contract... (8) Written contracts entered into pursuant to subsection (7) may be renewed. Such renewals may be done without the use of the auditor selection procedures provided in this section. Renewal of a contract shall be in writing. Ballot Question 5 —Text of the Amendment § C-18. Independent Audit. The City Commission shall provide for an independent annual audit of all city accounts in conformance 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 exceeding }��five (51 years. If the state makes such an audit, the City Commission may accept it as satisfying the requirements of this section. • - • 0 AMENDMENT TO § C-21, CITY OF OCOEE CHARTER, TO AUTHORIZE THE CITY COMMISSION TO REASONABLY EXTEND THE REQUIREMENT FOR THE CITY MANAGER TO BECOME A RESIDENT OF THE 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. YES Ballot Question 6 —Text of the Amendment § 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 of the City Commission, and thereafter shall remain a resident of the City while employed as City Manager. 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 m Ballot Question 7 —Text of the Amendment § 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 budget approval of the City Commission. *** 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. Ballot Question 8 —Text of the Amendment § C-45. Election dates and t- - A. Regular Elections. A `regular election' is an election held at a regular interval to elect the office of Mayor or City 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 held to fill a vacancy on the City Commission approve of an ordinance by initiative or referendum pursuant to § C-198 an election that may be pursuant to § C-17 or to repeal an ordinance by C. General Elections. A `general city election' is any municipal election that is not a special election or regular election. Question #9 AMENDMENT TO § C-45, CITY OF OCOEE CHARTER, TO PROVIDE FOR THE SWEARING -IN OF A NEWLY -ELECTED MAYOR OR CITY COMMISSIONER 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 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 m Ballot Question 9 —Text of the Amendment § C-45. Election dates and terms of office. R.D. Notwithstanding the above, the term of office of any person elected to the office of Ma or or the office of City Commissioner shall commence upon being sworn into o fice 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 2t 7:13 wft MIWE. 9R Ifteolftwtha d," immediately ,prior to commencement of the next regularly scheduled Cit Commission meeting held after the results of the election are declared by t e 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 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. 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. YES m Ba I lot Question 10 — Text of the Amend men I § 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 City Commission may set the dates of elections and dates of gualifyLnZ of candidates by resolution or ordinance. Ballot • 11 — Clerk • the Canvassing i •. • WINDERMERE Section 10.05 - A canvassing_ board shall consist of the Town Clerk and two incumbent Town APOPKA Sec. 30-26. - Canvassing board; canvass and certification of votes. Council members not running for (a) The city canvassing board shall be re-election. The Town Manager may composed of the city clerk and two serve as a member of the canvassing board if needed. 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. 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. Question #11 AMENDMENT OF § C-50, CITY OF OCOEE CHARTER, TO APPOINT THE CITY CLERK AND CITIZENS • THE CITY OF OCOEE CANVASSING • A ' 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 I&W Ballot Question 11 —Text of the Amendmeni, • § 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 Board, which shall consist of the City Clerk and two (2), citizens appointed by the City Commission. The City Commission shall also appoint two (2) additional citizens to serve as alternates to the Canvassing Board. Questions?