HomeMy WebLinkAboutItem 18 Second Reading of Ordinance Approving of Proposed Amendments to the City Charter to be Placed on the 2024 General Election Ballot
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: October 17, 2023
Item #: 18
Contact Name: Melanie Sibbitt Department Director: Melanie Sibbitt
Contact Number: Ext. 1026 City Manager: Robert Frank
Subject: Second Reading of Ordinance Approving of Proposed Amendments to the City
Charter to be Placed on the 2024 General Election Ballot. (City Attorney Geller)
Background Summary:
The First Reading was held at the October 3, 2023, City Commission Meeting.
According to Article X, Section C-59 of the Charter, "A Charter Review Commission shall be appointed by the
City Commission no later than December 15 in the year 1999 and no later than December 15 every ten (10)
years thereafter. A Charter Review Commission may also be appointed by the City Commission at such times
as deemed necessary by the City Commission.” The Charter Review Commission (CRC) was appointed by
the City Commission on May 16, 2023, and held several public meetings between June and September 2023.
Comments and concerns relating to the Charter were solicited from members of the City Commission, City
staff, and from the public.
On August 1, 2023, the CRC presented a Preliminary Report to the City Commission in the form of an
Ordinance, reviewed the CRC’s proposed amendments, and the City Commission made several
recommendations.
On August 15, 2023, the City Attorney provided a Charter Review Timeline to the City Commission. The
public was invited to make any comments about the proposed Charter Amendments. A motion was made and
approved to submit the comments and recommendations made at the August 1st Commission meeting to the
CRC as final comments and recommendations.
The CRC met again on September 14, 2023. Based on the City Commission’s comments and
recommendations, the CRC approved language to establish that candidates for Mayor and City Commission
shall consent to background checks. The CRC also approved language establishing procedural due process
and a standard of proof to bar unqualified candidates. In addition, the CRC approved language stating that
the salaries of the Mayor and City Commissioners shall be commensurate with the part-time nature of the
duties of office.
CRC Facilitator/Board Attorney Geller provided the CRC members with an Ordinance for a final review. A
Special Session was called and held on September 28, 2023, to discuss suggested further revisions and
minor corrections. The CRC voted to approve the Ordinance as the CRC’s Final Report and to transmit it to
the City Commission for two readings and adoption.
Under § C-61 of the 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
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City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
ordinance form, which shall be adopted verbatim by the City Commission and which shall be placed on the
ballot at the next municipal election.”
Issue:
Should the Honorable Mayor and City Commission adopt the Ordinance approving the ballot language
proposing amendments to the City Charter to be placed on the March 19, 2024, General City Election ballot?
Recommendations:
The Charter Review Commission and City staff recommend that the Honorable Mayor and City
Commissioners adopt the Ordinance approving the ballot language relating to amendments to the City Charter
as presented.
Attachments:
1. Ordinance
2. Advertisement
Financial Impacts:
None
Type of Item: Second Reading Public Hearing
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ORDINANCE NO. 2023-_________
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
CONSISTING OF A FINAL REPORT BY THE CITY’S
CHARTER REVIEW COMMISSION PROPOSING
AMENDMENTS TO THE CITY OF OCOEE’S CHARTER
FOR THE BALLOT AT THE NEXT GENERAL CITY
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; REQUIRING CANDIDATES TO PROVIDE
SUCH PROOF OF RESIDENCY AS MAY BE PRESCRIBED
BY ORDINANCE; PROVIDING THAT EACH CANDIDATE
SHALL CONSENT TO A BACKGROUND CHECK TO
VERIFY THE CANDIDATE’S QUALIFICATIONS TO HOLD
OFFICE; AND PROVIDING THAT NO CANDIDATE
SHALL BE BARRED FROM RUNNING FOR OFFICE
WITHOUT NOTICE, A HEARING, AND CLEAR AND
CONVINCING EVIDENCE THAT THE CANDIDATE IS
NOT QUALIFIED TO HOLD OFFICE.
(3) § C-16 (SALARIES, EXPENSES), TO PROVIDE THAT
SALARIES OF THE MAYOR, MAYOR PRO TEM, AND
COMMISSIONERS SHALL BE COMMENSURATE WITH
THE PART-TIME NATURE OF THE DUTIES OF THEIR
OFFICE.
(4) § 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;
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(5) § 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 ANNUALLY OR FOR A PERIOD NOT TO EXCEED
FIVE (5) YEARS;
(6) § 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;
(7) § C-28 (CITY CLERK) TO CLARIFY THAT THE CITY
CLERK’S SALARY IS SUBJECT TO THE CITY
COMMISSION’S BUDGET APPROVAL;
(8) § 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;
(9) § 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;
(10) § 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;
(11) PROVIDING A FORM OF BALLOT FOR EACH
PROPOSED AMENDMENT;
(12) DIRECTING THE CITY CLERK TO FILE THE
REVISED CHARTER AS APPROVED BY THE VOTERS
WITH THE FLORIDA DEPARTMENT OF STATE;
(13) PROVIDING FOR SEVERABILITY AND A SAVINGS
CLAUSE; AND
(14) PROVIDING FOR CONFLICTS AND AN EFFECTIVE
DATE.
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WHEREAS, the City of Ocoee (the "City") is vested with Home Rule authority pursuant to
Article VIII, § 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
WHEREAS, on April 18, 2023, the City Commission determined that a Charter Review
Commission was necessary and 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 general city 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; and
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,” and
WHEREAS, in June to September 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 City staff and citizens of the
City of Ocoee;
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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,” and
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,”
and
WHEREAS, on July 20, 2023, the Charter Review Commission voted to approve and
submit recommended amendments to the Charter in a proposed Report in the form of an
Ordinance to the City Commission; and
WHEREAS, on August 1, 2023, the Charter Review Commission presented its proposed
Preliminary Report in the form of an Ordinance to the City Commission, recommending
amendments to the City of Ocoee Charter as set forth therein; and
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,”
and
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WHEREAS, on August 1, 2023, the City Commission considered the Preliminary Report
of the Charter Review Commission and made oral comments and recommendations to the
Charter Review Commission; and
WHEREAS, on August 15, 2023, the City Commission held a public hearing, invited
public comments on the proposed amendments to the Charter, and determined that the City
Commission would make no further comments or recommendations to the Charter Review
Commission; and
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,”
and
WHEREAS, on September 14, 2023, the Charter Review Commission held a publicly
noticed meeting, considered the comments and recommendations of the City Commission, and
approved of a Final Report in the form of this ordinance for transmission to the City Commission
for approval, allowing for review of the final form of the ordinance before transmittal, in
accordance with § C-61 of the Charter; and
WHEREAS, a member of the Charter Review Commission requested further revisions to
this Ordinance before its transmittal to the City Commission for two readings and adoption; and
WHEREAS, on September 28, 2023, a special meeting was held in which the Charter
Review Commission approved of revisions to the ordinance, to which it gave final approval for
transmittal to the City Commission; and
WHEREAS, as to a proposed amendment to § C-8 of the Charter (Powers of the City),
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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 determined that
liberal construction is appropriate to effect the purposes for all of the City’s lawful powers; and
WHEREAS, as to a proposed amendment to § C-8 of the Charter (Powers of the City),
the Charter Review Commission determined that the enumerated powers of the City of Ocoee for
the acquisition and disposal of property, including real property, should also include the
exchange of such properties; and
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; that each candidate should furnish
such proof of meeting the residency requirement as the City Commission may prescribe by
ordinance; that each candidate should consent to a background check to verify the candidate’s
qualifications to hold office; and no candidate shall be barred from running for office without
notice, a hearing, and clear and convincing evidence that the candidate is not qualified to hold
office; and
WHEREAS, as to a proposed amendment to § C-16 of the Charter (Salaries, Expenses),
the Charter Review Commission determined that salaries for the Mayor, Mayor Pro Tem, and
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Commissioners should be commensurate with the part-time nature of the duties of their office;
and
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 can occur 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; and
WHEREAS, as to a proposed amendment to § C-18 of the Charter (Independent Audit),
the Charter Review Commission determined 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 firm to serve as
auditor annually or for a period not exceeding five (5) years; and
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 by unanimous consent; and
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; and
WHEREAS, as to a proposed amendment to § C-45 of the Charter (Election dates and
terms of office), the Charter Review Commission determined that, for clarity, the Charter should
define the terms “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.; and
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; and
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
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election 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; and
WHEREAS, pursuant to Florida Statutes § 166.031, the City Commission conducted
advertised public hearings and, after a first reading on October 3, 2023, adopted this Ordinance
on October 17, 2023, to submit the proposed Charter amendments set forth herein to the voters at
the next general city election, on March 19, 2024, or as otherwise scheduled; and
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.”
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 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
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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
Charter. Except as otherwise provided herein, tThe following
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 City 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
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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”:
Question #1
AMENDMENT OF § C-8, CITY OF OCOEE CHARTER, TO
LIBERALLY CONSTRUE THE CITY’S POWERS TO
EFFECT THEIR INTENDED PURPOSES
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
___ NO
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?
___ YES
___ NO
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SECTION 5. Proposed Amendments to § C-11 of the Charter (Eligibility.
Residency Requirement and Proof).
5.1 Text of the Amendments. The City shall submit the following proposed
amendments to § C-11 of the Charter to the qualified electors of the City of Ocoee in two
separate ballot questions:
§ C-11. Eligibility. Residency Requirement and Proof.
Each candidate for the office of Mayor shall, at the time of for at
least one (1) year before qualifying as a candidate for such office,
be a bona fide resident of the city. The Mayor shall, during the
entire term of office, be a bona fide resident of the city. Each
candidate for the office of Commissioner shall, at the time of for at
least one (1) 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 (1) year
residency requirement as may be prescribed by ordinance. Each
candidate shall consent to a background check to verify the
candidate’s qualifications to hold office. No candidate shall be
barred from running for office without notice, a hearing, and clear
and convincing evidence that the candidate is not qualified to hold
office.
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5.2 Ballot Title and Question. The ballot title and summary for the proposed
amendments 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
AMENDMENT OF § C-11, CITY OF OCOEE CHARTER,
TO ESTABLISH ONE (1) YEAR RESIDENCY
REQUIREMENTS FOR CANDIDATES FOR MAYOR AND
CITY COMMISSIONER; PROVIDING THAT EACH
CANDIDATE SHALL FURNISH PROOF OF RESIDENCY
AS PRESCRIBED BY ORDINANCE;
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; candidates shall provide such proof of residency as
may be prescribed by ordinance.
Shall the above-described amendment be adopted?
___ YES
___ NO
Question #4
AMENDMENT OF § C-11, CITY OF OCOEE CHARTER,
TO PROVIDE THAT EACH CANDIDATE FOR MAYOR
AND CITY COMMISSIONER SHALL CONSENT TO A
BACKGROUND CHECK TO VERIFY THE CANDIDATE’S
QUALIFICATIONS TO HOLD OFFICE; AND PROVIDING
THAT NO CANDIDATE SHALL BE BARRED FROM
RUNNING FOR OFFICE WITHOUT NOTICE, A
HEARING, AND CLEAR AND CONVINCING EVIDENCE
THAT THE CANDIDATE IS NOT QUALIFIED TO HOLD
OFFICE.
Section C-11 of the City of Ocoee’s Charter shall be amended to
provide that each candidate for Mayor and City Commissioner
shall consent to a background check to verify the candidate’s
qualifications to hold office; and no candidate shall be barred from
running for office without notice, a hearing, and clear and
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convincing evidence that the candidate is not qualified to hold
office.
Shall the above-described amendment be adopted?
___ YES
___ NO
SECTION 6. Proposed Amendment to § C-16 of the Charter (Salary; expenses)
6.1 Text of the Amendment. The City shall submit the following proposed
amendment to § C-16 of the Charter to the qualified electors of the City of Ocoee:
§ C-16. Salary; expenses.
The City Commission may determine the annual salary of the
Mayor, the Mayor pro tem, and the Commissioners by ordinance,
but no ordinance increasing such salary shall become effective
until the date of commencement of the terms of members of the
City Commission elected at the next regular city election, provided
that such election follows the adoption of such ordinance by at
least six (6) months. Salaries shall be commensurate with the
part-time nature of the duties of the office. Members of the City
Commission shall receive their actual and necessary expense
incurred in the performance of their duties of office.
6.2 Ballot title and question. The ballot title and summary for the proposed
amendment to § C-16 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”:
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Question #5
AMENDMENT OF § C-16, CITY OF OCOEE CHARTER,
TO PROVIDE THAT SALARIES OF THE MAYOR,
MAYOR PRO TEM, AND COMMISSIONERS SHALL BE
COMMENSURATE WITH THE PART-TIME NATURE OF
THE DUTIES OF THE OFFICE.
Section C-16 of the City of Ocoee’s Charter shall be amended to
provide that the salaries of the Mayor, Mayor Pro Tem, and
Commissioners shall be commensurate with the part-time nature of
the duties of the office.
Shall the above-described amendment be adopted?
___ YES
___ NO
SECTION 7. Proposed Amendment to § C-17 of the Charter (Successors).
7.1 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
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elected. The Mayor pro tem 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 regular
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.
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.
7.2 Ballot Title and Question. The ballot title and summary for the proposed
amendment to § C-17 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”:
Question #6
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
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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
SECTION 8. Proposed Amendment to § C-18 of the Charter (Independent Audit).
8.1 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 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 three (3) five (5) years. If the state makes
such an audit, the City Commission may accept it as satisfying the
requirements of this section.
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8.2 Ballot Title and Question. The ballot title and summary for the proposed
amendment to § C-18 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 #7
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 annually or for a period not to exceed
five (5) years.
Shall the above-described amendment be adopted?
___ YES
___ NO
SECTION 9. Proposed Amendment to § C-21 of the Charter (Appointment,
qualifications, compensation of the City Manager).
9.1 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
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19
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.
9.2 Ballot Title and Question. The ballot title and summary for the proposed
amendment to § C-21 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 #8
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 UPON THE CITY COMMISSION’S
UNANIMOUS APPROVAL
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 of Ocoee
within one (1) year of beginning employment upon the
Commission’s unanimous approval.
Shall the above-described amendment be adopted?
___ YES
___ NO
SECTION 10. Proposed Amendment to § C-28 of the Charter (City Clerk).
10.1 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:
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20
§ 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. ***
10.2 Ballot Title and Question. The ballot title and summary for the proposed
amendment to § C-28 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 #9
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
___ NO
SECTION 11. Proposed Amendment to § C-45 of the Charter
(Election dates and terms of office).
11.1 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:
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21
§ 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 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 an election that may
be held to fill a vacancy on the City Commission pursuant to §
C-17 or to approve of an ordinance by initiative or to repeal an
ordinance by referendum pursuant to § C-19.
C. General Elections. A ‘general city election’ is any 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 at
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
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22
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.
11.2 Ballot Title and Question. The ballot title and summaries for the proposed
amendments to § C-45 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 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?
___ YES
___ NO
Question #11
AMENDMENT TO § C-45, CITY OF OCOEE CHARTER,
TO PROVIDE FOR THE SWEARING-IN OF A NEWLY-
ELECTED MAYOR OR CITY COMMISSIONER
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23
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
___ NO
SECTION 12. Proposed Amendment to § C-49 of the Charter
(Conduct of Elections).
12.1 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 City Commission may
set the dates of elections and dates of qualifying of candidates by
resolution or ordinance.
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24
12.2 Ballot Title and Question. The ballot title and summary for the proposed
amendment to § C-49 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”:
Question #12
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
___ NO
SECTION 13. Proposed Amendment to § C-50 of the Charter
(Certification of results; canvass of returns; notification of successful candidates).
13.1 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
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25
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 three (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 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.
13.2 Ballot Title and Question. The ballot title and summary for the proposed
amendment to § C-50 of the Charter, set forth in Section 13 of this Ordinance, shall be set forth
below, and shall be followed by the words “yes” and “no”:
Question #13
AMENDMENT OF § C-50, CITY OF OCOEE CHARTER, TO
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26
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
___ NO
SECTION 14. 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 15. Directions to City 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.
SECTION 16. Severability. If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any
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27
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 17. 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 18. 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.
ATTEST:
Melanie Sibbitt, City Clerk
(SEAL)
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Johnson, Mayor
ADVERTISED ___________________, 2023
READ FIRST TIME _______________,
2023.
READ SECOND TIME AND ADOPTED
_______________________________, 2023.
UNDER AGENDA ITEM NO. _______
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28
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED
AS TO FORM AND LEGALITY
this ______ day of ______________, 2023.
FISHBACK DOMINICK
By:
A. Kurt Ardaman
City Attorney
S:\AKA\CLIENTS\Ocoee, City of\Charter Review - Elections O164-27414\Resolution and Ordinances\Ordinance 2023-____ Amending Ocoee Charter
(Final Report) (FINAL) - rsg - 9 29 23 - vCC.doc
Page 781 of 782
FIRST INSERTIONCITY OF OCOEE
PUBLIC HEARING
A Public Hearing before the Ocoee City Commission will be held Tuesday, Octo-
ber 17, 2023, at 6:15 p.m. or as soon thereafter as may be heard, in the Commission
Chambers of City Hall at 1 North Bluford Avenue, Ocoee, Florida, to consider the
following:
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CONSIST-
ING OF A FINAL REPORT BY THE CITY’S CHARTER REVIEW
COMMISSION PROPOSING AMENDMENTS TO THE CITY OF
OCOEE’S CHARTER FOR THE BALLOT AT THE NEXT GENER-
AL CITY 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 AU-
THORITY 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 QUALI-
FYING AS A CANDIDATE; REQUIRING CANDIDATES TO PRO-
VIDE SUCH PROOF OF RESIDENCY AS MAY BE PRESCRIBED
BY ORDINANCE; PROVIDING THAT EACH CANDIDATE SHALL
CONSENT TO A BACKGROUND CHECK TO VERIFY THE CANDI-
DATE’S QUALIFICATIONS TO HOLD OFFICE; AND PROVIDING
THAT NO CANDIDATE SHALL BE BARRED FROM RUNNING FOR
OFFICE WITHOUT NOTICE, A HEARING, AND CLEAR AND CON-
VINCING EVIDENCE THAT THE CANDIDATE IS NOT QUALIFIED
TO HOLD OFFICE.
(3) § C-16 (SALARIES, EXPENSES), TO PROVIDE THAT SALARIES
OF THE MAYOR, MAYOR PRO TEM, AND COMMISSIONERS
SHALL BE COMMENSURATE WITH THE PART-TIME NATURE OF
THE DUTIES OF THEIR OFFICE.
(4) § 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;
(5) § C-18 (INDEPENDENT AUDIT) TO AUTHORIZE THE CITY
COMMISSION TO DESIGNATE AN ACCOUNTANT OR ACCOUNT-
ING FIRM IN ACCORDANCE WITH THE PROCEDURES SET
FORTH IN FLORIDA STATUTES § 218.391 ANNUALLY OR FOR A
PERIOD NOT TO EXCEED FIVE (5) YEARS;
(6) § C-21 (APPOINTMENT; QUALIFICATIONS; COMPENSATION)
TO AUTHORIZE THE CITY COMMISSION TO REASONABLY EX-
TEND THE REQUIREMENT FOR THE CITY MANAGER TO BE-
COME A RESIDENT OF THE CITY OF OCOEE WITHIN ONE (1)
YEAR OF BEGINNING EMPLOYMENT BY A UNANIMOUS VOTE;
(7) § C-28 (CITY CLERK) TO CLARIFY THAT THE CITY CLERK’S
SALARY IS SUBJECT TO THE CITY COMMISSION’S BUDGET AP-
PROVAL;
(8) § C-45 (ELECTION DATES) TO DEFINE “REGULAR,” “SPE-
CIAL,” 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 AF-
TER THE CANVASSING BOARD DECLARES THE ELECTION RE-
SULTS;
(9) § 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 RESO-
LUTION OR ORDINANCE;
(10) § C-50 (CERTIFICATION OF RESULTS; CANVASS OF RE-
TURNS; NOTIFICATION OF SUCCESSFUL CANDIDATES) TO AP-
POINT THE CITY CLERK TO THE CITY OF OCOEE’S CANVASS-
ING BOARD TOGETHER WITH TWO (2) OTHER CITIZENS AND
TWO (2) CITIZEN ALTERNATES APPOINTED BY THE CITY COM-
MISSION;
(11) PROVIDING A FORM OF BALLOT FOR EACH PROPOSED
AMENDMENT;
(12) DIRECTING THE CITY CLERK TO FILE THE REVISED CHAR-
TER AS APPROVED BY THE VOTERS WITH THE FLORIDA DE-
PARTMENT OF STATE;
(13) PROVIDING FOR SEVERABILITY AND A SAVINGS CLAUSE;
AND
(14) PROVIDING FOR CONFLICTS AND AN EFFECTIVE DATE.
All interested parties are invited to attend and be heard with respect to the above.
The Ocoee City Commission may continue the public hearing to other dates and
times, as it deems necessary. If a person decides to appeal any decision made by the
City Commission with respect to any matter considered at such hearing, they will
need a record of the proceedings, and for such purpose they may need to ensure
that a verbatim record of the proceedings is made, which record includes the tes-
timony and evidence upon which the appeal is to be based. In accordance with the
Americans with Disabilities Act, persons needing a special accommodation or an
interpreter to participate in this proceeding should contact the City Clerk’s office at
407-905-3105 at least two days prior to the date of hearing.
October 5, 2023 23-03932WPage 782 of 782