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Home My WebLink AboutItem 19 Discussion between the City Commission and the City Attorney regarding the Evaluation of the Qualification of CandidatesMeeting Date: November 7, 2023 Item #: 19 Contact Name: Robert Frank Department Director: Robert Frank Contact Number: Ext. 6434 City Manager: Robert Frank Background Summary: At the request of Commissioner Scott Kennedy, this item has been brought forward for discussion (and action) regarding the role of the City Commission identified in the City Charter in determining the qualifications of City election candidates. Previous discussions have resulted in different interpretations of eligibility, including one provided by the City Attorney regarding eligibility under subsection C-17 under the charter (see attached minutes from the charter review commission). The City Charter designates the City Commission as the final judge of election and qualifications of its members (C-10, attached). Issue: Should the Honorable Mayor and City Commission provide a determination as to the qualifications of candidates for the vacant seat in the next City General election with direction to the City Clerk? Recommendations: Attachments: 1. City Charter 2. 7-20-23 CRC Meeting - Summarized Public Comments Financial Impacts: Type of Item: Regular City of Ocoee :l .. Avenue - Ocoee, .a 34761 Phone: 4090 00www.ocoee.org Page 213 of 241 Ocoee, Florida, Code of Ordinances CHARTER CHARTER [HISTORY: Printed as amended in its entirety by the City Commission of the City of Ocoee 9-20-1988 by Ord. No. 88-27. Subsequent amendments noted where applicable.] GENERAL REFERENCES Elections — See Ch. 5 City Commission meetings — See Ch. 11 � �••-• 11• • • • • 11. 1 1 We the people of the City of Ocoee, Florida, under the constitutions and laws of the United States of America and the State of Florida, in order to provide the benefits of local government responsive to the will and values of our citizens, do hereby adopt and ratify this charter to define the powers and structure of our government. By this action, we secure the benefits of home rule and affirm the values of representative democracy, professional management, strong political leadership, citizen participation, and regional cooperation. We believe in an open, responsive government that abides by the highest ethical standards and operates as a careful steward of the human, fiscal and natural resources of our city. ARTICLE I Creation and Existence of Municipality § C-1. Municipality incorporated. The existing municipality of the City of Ocoee, in the County of Orange, incorporated under the laws of Florida, be and the same is hereby declared to be in all respects a legally incorporated city with all the powers incident thereto under the laws of Florida (hereinafter referred to as "the city" or "the City of Ocoee"). § C-2. Title, rights, etc., vested in municipality. The title, rights and ownership of property, uncollected taxes, dues, claims, judgments, decrees and choses in action held and owned by the city shall remain vested in the municipal corporation organized and created under and by this Charter. § C-3. Existing obligations not impaired. No obligation or contract of the City of Ocoee, including bonds heretofore issued, shall be impaired or avoided by this Charter, but such debts and obligations shall remain binding upon the city. 'Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010. Said ordinance provided for an effective date of 6-1-2010. Ocoee, Florida, Code of Ordinances (Supp. No. 53) Created: 2022-09-11 14:11:01 [EST] Page 1 of 27 Page 214 of 241 § C-4. Continuation of officers and ordinances. All officers heretofore elected or appointed and holding office under the city shall continue to hold their respective offices and to discharge their duties until their successors are selected or until otherwise provided by ordinance, and all existing ordinances of the city not in conflict with the provisions of this Charter shall continue in effect and unimpaired until repealed, amended or modified. § C-5. Perpetual existence. The City of Ocoee, Orange County, Florida, shall have perpetual existence. § C-6. Corporate boundaries. The boundaries which shall be included in the territory of the City of Ocoee shall be as follows: See Addendum A attached hereto' and by this reference made a part hereof. § C-7. Extension of corporate boundaries. The boundaries which shall be included in the territory of the City of Ocoee shall include all lands heretofore or hereafter annexed into the city in accordance with the laws of Florida. ARTICLE II Powers of the City § C-8. Powers of the city. The City of Ocoee shall have all governmental, corporate and proprietary powers and all other powers possible for a city to have under the Constitution and the laws of Florida as fully and completely as though they were specifically enumerated in this Charter. Except as otherwise provided herein, the following powers of the city shall be construed liberally and in favor of the city, and the specific mention of particular powers in the Charter shall not be construed as limiting, in any way, the powers granted to the city under the Constitution and the laws of Florida: A. Municipal buildings and facilities. To make and maintain all buildings and facilities necessary and appropriate for the use of the city and to acquire all land, rights and easements necessary for such buildings. Property rights. To purchase, lease, acquire by eminent domain 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 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. (1) When any proposal for the acquisition of real property, either by purchase or lease, shall receive a majority vote of the members of the City Commission and the cost of such proposed acquisition exceeds one million dollars ($1,000,000.), inclusive of state and federal grants, such action shall not be effective unless it has been acted upon by the City Commission after a public hearing 'Editor's Note: Addendum A is on file in the city offices, where it may be inspected during regular office hours. (Supp. No. 53) Created: 2022-09-11 14:11:00 [EST] Page 2 of 27 Page 215 of 241 preceded by at least seven (7) days' notice of the hearing and the proposed action by publication in a newspaper of general circulation in the City of Ocoee. (2) When any proposal for the disposition of real property owned by the city, either by sale or by lease for a term exceeding five (5) years, shall receive a majority vote of the members of the City Commission and the fair market value of the real property concerned exceeds one hundred thousand dollars ($100,000.), such action shall not be effective unless it has been acted upon by the City Commission after a public hearing preceded by at least seven (7) days' notice of the hearing and the proposed action by publication in the manner set forth above. (3) The City Commission shall not approve the sale, lease or other alienation of real property owned by the city for a price or rental below the city's estimate of the fair market value or fair rental value thereof, except in cases where specific good cause is shown and in cases involving alienation to another public agency. (4) No piece of real property shall be divided for the purpose of evading this subsection. (5) All leases, sales, purchases and contracts for leases, sales and purchases of real property heretofore made by the city or any agency or commission of the city are hereby ratified and confirmed. (6) Nothing in this subsection shall apply to the acquisition of real property by eminent domain occurring prior to, contemporaneous with or subsequent to the effective date of this subsection. C. Boards, commissions and committees. To create and appoint boards, commissions and committees to advise and assist the city in carrying out municipal functions. D. Police, fire and sanitary. To provide police, fire, sanitary and similar protection and services; to exercise police powers and to protect and preserve peace and order within the city; and to impose such penalties and/or imprisonment for the violation of any ordinance as may be permitted by law. E. Purchases and sales. To provide rules and regulations for all purchases and sales made for and on behalf of the city. F. Civil service and pensions. To establish and regulate civil service, pension and insurance plans, hospitalization, death and other benefits for city employees in accordance with the laws of Florida. G. Financial authorities. To expend the money of the city for all lawful municipal purposes and to borrow money for all lawful municipal purposes. When any proposal for the borrowing of money in any manner, except through a leasing arrangement, shall receive a majority vote of the members of the City Commission and the amount to be borrowed exceeds one hundred thousand dollars ($100,000.), such action shall not be effective unless it has been acted upon by the City Commission after a public hearing preceded by at least seven (7) days' notice of the hearing and the proposed action by publication in a newspaper of general circulation in the City of Ocoee. The City Commission shall have the right to waive the notice requirement hereunder by affirmative vote of a majority of the members of the City Commission present and voting, provided that the City Commission determines that circumstances surrounding the borrowing of money constitute an emergency which requires immediate action by the City Commission. H. Franchises. To grant exclusive and nonexclusive franchises and privileges in the city but only after a public hearing preceded by at least thirty (30) days' notice of the hearing and the proposed action by publication once a week for four (4) consecutive weeks in a newspaper of general circulation in the City of Ocoee. I. Bonds. To issue certificates of indebtedness, revenue bonds or assessment bonds; to pay all or part of the cost of the acquisition, construction, reconstruction, extension, repair, improvement, maintenance or operation of any city project or combination of projects; to provide for any facility, service or other (Supp. No. 53) Created: 2022-09-11 14:11:00 [EST] Page 3 of 27 Page 216 of 241 activity of the city; to provide for the retirement or refunding of any bonds or obligations of the city or for any combination of the foregoing purposes. J. Lakes, ponds and rivers. To regulate, control and restrict the use of or drainage into lakes, ponds, rivers, streams and other watercourses and adjacent wetlands and uplands within the city. K. Alcoholic beverages. To the extent permitted by law, to regulate, restrict and control the manufacture, transportation, possession and sale of alcoholic beverages within the city. L. Nuisances. To declare what shall constitute a nuisance, prevent the same and authorize the removal thereof. M. Transportation. To the extent permitted by law, to regulate the services to be rendered and rates to be charged by buses, cabs and other vehicles for the carrying of passengers and baggage and to own, acquire and operate common, private or contract carriers and other transportation facilities and devices, whether now or hereafter invented or developed. N. Taxation. Except to the extent expressly prohibited by the laws of Florida, to assess, levy and collect taxes for all municipal purposes upon all businesses, property, privileges and professions and to establish special taxing districts or assessment areas encompassing all or a portion of the city. O. Condemnation of buildings. To condemn and remove, cause to be removed, order to be demolished and removed or to be put in a state of sound repair any and all dilapidated, unsanitary or unsafe buildings or structures and to provide and enforce by ordinance a penalty for the failure to do so. P. Buildings and structures. To regulate the construction, alteration, maintenance, repair, equipment, occupancy, location, removal and demolition of every building or structure and any appurtenances connected or attached to such buildings or structures and to exercise all powers and all other municipal and legislative enactments in favor of the city pertaining to building regulation. Q. Maintenance of private property. To require all lands, property, lots, bodies of water and other premises within the city to be kept clean, sanitary and free from excessive weed growth or to make them so at the expense of the owner by assessing the cost against the property; to establish by ordinance that the assessment will be a lien on the property until discharged by payment. [Amended 1-5-1999 by Ord. No. 99-071] R. Industry control. To regulate, restrain or prevent any industry which is dangerous or so obnoxious as to constitute a nuisance. S. Beautification of public lands. To regulate and beautify the streets, parks and public thoroughfares of the city and to regulate and restrict the construction and location of signs, signboards, billboards, placards and handbills. Compliance with city requirements prerequisite to subdivision. To require any subdivider to conform to requirements of the city for the design of any subdivision and for the construction and maintenance of roadways, sidewalks, recreation areas, utility easements, sewage disposal services, drainage facilities, including retention and detention ponds, and area of lots and blocks and such other regulations as may be provided to protect the public health, safety and welfare; and the city may require, before the approval and adoption of any subdivision plat, that the owner of the lands included within such plat enter into a bond with the City of Ocoee, executed by a licensed surety company in the State of Florida, 3Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-9-1999. Said ordinance also provided for an effective date of 6-1-1999. (Supp. No. 53) Created: 2022-09-11 14:11:00 [EST] Page 4 of 27 Page 217 of 241 as surety in a sufficient sum to insure the provisions of this Charter and any ordinances adopted by the City Commission are complied with. U. License taxes. To levy, impose and collect license taxes upon all occupations and privileges to the extent not otherwise prohibited under the laws of Florida and to provide by ordinance penalties for failure or refusal to pay such license taxes; to provide by ordinance that all such license taxes so imposed shall constitute a legal indebtedness to the city and shall constitute a lien on all property of the debtor and may be recovered in any court of competent jurisdiction, along with penalties, reasonable costs and the city's fees, including attorney's fees, and no property of such debtor shall be exempt from sale for such indebtedness except as otherwise provided under the laws of Florida. V. Public services and utilities. To the extent permitted by law, the city may construct, acquire, furnish, operate and maintain any and all local public services and utilities and levy charges for the use of such services and utilities. W. Public works. To exercise all powers with reference to municipal public works as set forth under the laws of Florida. X. Recreational facilities. To establish a system of public recreation and to set aside any lands or buildings owned or leased by the city for recreational purposes; to charge reasonable fees and deposits for access to any such facilities or activities. Y. Advertising. To advertise and promote the interests of the city and its residents through legitimate and recognized means. Z. Conservation. To designate, set aside and maintain lands and areas within the city as conservation areas or bird and wildlife sanctuaries; to stock such areas with animal and plant life and to stock water areas with fish and other aquatic life; to promulgate and enforce rules and regulations with respect thereto and to protect and preserve the natural beauty thereof; and to do all acts necessary or desirable in order to qualify such lands and areas as conservation areas and sanctuaries under any of the laws of Florida or under federal law. AA. Sewer and water systems. To own, acquire, construct, reconstruct, equip, operate, maintain, extend, improve and regulate the water systems (including reclaimed water systems), sewer systems or combined water and sewer systems; to levy and collect fees for the use of such systems; to exercise all powers derived from other municipal and legislative enactments in favor of the city pertaining to the sewage and water systems. [Amended 12-1-2009 by Ord. No. 2009-0304] BB. Drainage and flood control. To own, acquire, construct, reconstruct, equip, operate, maintain, extend and improve drainage, reclamation, irrigation, water and flood control and erosion control works and facilities of every nature and kind, including, without limitation, canals, ditches, drains, drainage wells, dikes, levees, pumps, plants, sluiceways, floodways, drainage holding basins and other works, machinery, plants and facilities for use in connection therewith. CC. Cemeteries, mausoleums and crematories. To own, acquire, operate and maintain cemeteries, mausoleums and crematories and otherwise provide for the burial of the dead. DD. Fees for services. To offer and furnish the city's facilities and services to persons, firms, corporations, political subdivisions and other public or private agencies or bodies and to collect fees, rentals and other charges for such facilities and services. 4Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010. Said ordinance provided for an effective date of 6-1-2010. (Supp. No. 53) Created: 2022-09-11 14:11:00 [EST] Page 5 of 27 Page 218 of 241 EE. Roads. To regulate vehicular and pedestrian traffic and the use of roads, streets, alleys and other public places. FF. Cooperative agreements. To enter into cooperative, intergovernmental agreements concerning the exercise of any powers and authorities of the city provided for in this Charter or under the Constitution and the laws of Florida. Without limitation on the foregoing, the city may receive assistance from and exercise all of its powers jointly or in cooperation with the federal government, the state and other units of local government and may undertake and finance any of the projects provided for under this Charter or under law, in whole or in part, jointly with any municipality now existing or hereafter created or in any other manner combine the projects of the city with projects of another municipality on such terms and conditions as the city may approve. To the extent permitted by law, the provisions of this Charter and all of the rights, powers and privileges of the city under law with respect to city projects shall be applicable to such joint or common projects. GG. Preservation of lakes and waterways. To preserve and maintain the lakes and waterways; to herbicide, harvest and sell, chemicalize or control, abate and eliminate by any biological, mechanical or other means lake weeds, hyacinths or other growths that impair recreational and aesthetic uses; to levy special tax assessments on lakefront property owners; to tax generally and specially; and to establish special taxing districts to accomplish the above. HH. Zoning. To create and establish a City Planning and or Zoning Commission; to regulate the construction of all buildings; to exercise all powers with reference to municipal zoning as set forth under the laws of Florida. ARTICLE III City Commission § C-9. Created; composition, designation, election generally. [Amended 9-20-1988 by Ord. No. 88-28; 12-1-2009 by Ord. No. 2009-0305] There is hereby created a City Commission, to consist of five (5) members, one (1) of whom shall be known and designated as the "Mayor"; the other four (4) shall be known and designated as "Commissioners." One (1) of the Commissioners shall also be known and designated as "Mayor pro tem." The Mayor shall represent the city at large, and the Commissioners shall each represent the single -member district in which they reside. The Mayor shall be elected by the electors of the city at large. Each of the Commissioners shall be elected by the electors residing only in the respective single -member district which he represents on the City Commission. The Mayor pro tem shall be elected from among the Commissioners by the City Commission but shall continue to represent the district in which such Commissioner resides. The Mayor pro tem shall be elected at the first City Commission meeting following the swearing in of the candidates elected at each general city election (unless there is a runoff election, in which case the Mayor pro tem shall be elected at the first City Commission meeting following the swearing in of the candidates elected at such runoff election) and shall serve as Mayor pro tem until the successor is elected. The City Commission shall hold office in the manner hereinafter provided and shall constitute the governing body and authority of the City of Ocoee with all the powers and privileges herein granted and provided. Except as otherwise provided in this Charter, whenever this Charter contains a reference to "all members of the City Commission", such reference shall include the entire City Commission and shall not be construed to include only those members present and voting. 5Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010. Said ordinance provided for an effective date of 6-1-2010. (Supp. No. 53) Created: 2022-09-11 14:11:00 [EST] Page 6 of 27 Page 219 of 241 § C-10. Judge of qualifications. [Amended 12-1-2009 by Ord. No. 2009-0301] The City Commission shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office and for that purpose shall have, to the extent permitted by law, power to censure, subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in a newspaper of general circulation in the city at least seven (7) days prior to the hearing. Decisions made by the City Commission under this section shall be subject to review by the courts. Nothing contained herein shall be construed to deprive any member of the City Commission of such member's right to due process under the Constitution and the laws of the United States and the State of Florida. § C-11. Eligibility. [Amended 9-20-1988 by Ord. No. 88-28; 10-3-2017 by Ord. No. 2017-0257] Only qualified electors of the city shall be eligible to qualify for and to hold the offices of Mayor and Commissioner. Each candidate for the office of Mayor shall, at the time of qualifying as a candidate for such office, be a bona fide resident of the city. The Mayor shall, during the entire term of office, be a bona fide resident of the city. Each candidate for the office of Commissioner shall, at the time of qualifying as a candidate for such office, be a bona fide resident of the single -member district which such candidate seeks to represent. Each Commissioner shall, during the entire term of office, be a bona fide resident of the single -member district which such Commissioner represents. Effective with each first full term commencing following January 1, 2022, the Mayor or a commissioner who has held the same district office for two full terms is prohibited from appearing on the ballot for election to that office. § C-12. Prohibitions. A. Holding other offices. Except where authorized by law, no member of the City Commission shall, while being a member of the City Commission, hold any other office, whether such office be federal, state, county or municipal, or hold any other employment with the City of Ocoee. No former member of the City Commission shall hold any compensated appointive city office or employment until one (1) year after the expiration of such member's term or the vacating of such member's office. Appointments and removals. Except as otherwise provided in this Charter or under the laws of Florida and except for inquiries and investigations into the affairs of the city, no member of the City Commission shall in anyway deal with or dictate the appointment or removal of any city officers or employees who are subject to the supervision or control of the City Manager, or any subordinates of the City Manager, or who the City Manager, or any subordinates of the City Manager, is empowered to appoint; provided, however, that each member of the City Commission shall be entitled to express such member's views pertaining to the appointment and removal of such officers and employees and to fully and freely discuss those views with the City Manager. C. Influencing votes or political aid. No member of the City Commission shall attempt to influence the vote of any other member by promising anything of value to such other member for the purpose of gaining political aid or influencing votes. 'Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010. Said ordinance provided for an effective date of 6-1-2010. 'Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-13-2018. Said ordinance provided for an effective date of 6-1-2018. (Supp. No. 53) Created: 2022-09-11 14:11:00 [EST] Page 7 of 27 Page 220 of 241 § C-13. Regular and special meetings; meetings and records open to public; rules and order of business; record of proceedings. [Amended 12-1-2009 by Ord. No. 2009-0308] The City Commission shall meet at the usual place for holding the meetings of the legislative body of the city and at such times as may be prescribed by ordinance or resolution, except that it must meet regularly at least once each month. An agenda of all items wherein City Commission action may be required shall be prepared by the City Manager or the City Manager's designee for all regular and special City Commission meetings; provided, however, that any member of the City Commission may direct the City Manager to place items on the agenda for action or discussion by the City Commission. Such agenda shall be made available to the public at least twenty-four (24) hours prior to all regular and special City Commission meetings. Only matters on the agenda or matters of an emergency nature may be acted upon by the City Commission. The Mayor alone shall have the power to declare what shall constitute an emergency matter; provided, however, that such power shall not in any way be used for the purpose of evading the requirements of this section. Any member of the City Commission may call special meetings of the City Commission upon at least twenty-four (24) hours' notice to the public and at least twenty-four (24) hours' notice to each member of the City Commission, contacted personally. The notice requirement to the members of the City Commission shall be deemed satisfied if a waiver of notice is signed by all members of the City Commission or if all members are present at roll call. The Mayor or Mayor pro tem may, to the extent permitted by law, call emergency sessions upon such notice as may be appropriate and effective under the circumstances. Except as otherwise provided under the laws of Florida, all meetings of the City Commission and all committees thereof shall be public, and any citizen shall have access to the minutes and records thereof at all reasonable times. The City Commission shall determine its own rules and order of business and shall keep a record of its proceedings. § C-14. Quorum; necessary vote for adoption of ordinances and resolutions; roll call. [Amended 12-1-2009 by Ord. No. 2009-0309] A majority of all members of the City Commission shall constitute a quorum, but a lesser number may adjourn from day to day. Except as otherwise provided under the laws of Florida, all members of the City Commission shall have the right to vote on all ordinances, resolutions and other matters coming before the City Commission for action. The affirmative vote of a majority of all members of the City Commission shall be necessary to adopt any ordinance or resolution. The vote of each member of the City Commission shall be recorded and entered in the minutes. § C-15. Absence from meetings. Absence from four (4) consecutive regular meetings of the City Commission shall vacate the seat of the member absent, unless such absence is excused by the City Commission by resolution setting forth the fact of such excuse duly entered in the minutes. 'Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010. Said ordinance provided for an effective date of 6-1-2010. 9Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010. Said ordinance provided for an effective date of 6-1-2010. (Supp. No. 53) Created: 2022-09-11 14:11:00 [EST] Page 8 of 27 Page 221 of 241 § C-16. Salary; expenses. [Amended 12-1-2009 by Ord. No. 2009-03010] 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. Members of the City Commission shall receive their actual and necessary expense incurred in the performance of their duties of office. § C-17. Vacancies; forfeiture of office; filling of vacancies. A. Vacancies. The office of a member of the City Commission shall become vacant upon the member's death, resignation, forfeiture of office or removal from office in any manner authorized by law. B. Forfeiture of office. Any member of the City Commission shall forfeit his office if he lacks at any time during one's term of office any qualification for the office prescribed by this Charter or by law or is convicted of a felony or any crime involving moral turpitude. The provisions of this subsection shall be exercised in accordance with the provisions of § C-10. C. Filling of vacancies. If any vacancy, other than the Office of Mayor, occurs in the City Commission, an eligible person shall be selected by the City Commission within thirty (30) days of the vacancy to serve 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 his single -member district for the remainder of the term. The successor to the office of Mayor or Commissioner shall be elected at the next general city election if such election is to be held within twelve (12) months of the vacancy. If a general city election will not be held within twelve (12) months, the successor shall be elected at a special election which shall be called by the City Commission within ninety (90) days of the vacancy. The successor shall serve for the unexpired term of the member who created the vacancy. If all members of the City Commission are removed at the same time, the Governor of the State of Florida shall appoint an interim City Commission that shall call a special election within ninety (90) days of appointment. [Amended 12-1-2009 by Ord. No. 2009-030",- 10-3-2017 by Ord. No. 2017-0258] § C-18. Independent audit. [Amended 10-3-2017 by Ord. No. 2017-02512] The City Commission shall provide for an independent annual audit of all city accounts 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 "Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010. Said ordinance provided for an effective date of 6-1-2010. "Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010. Said ordinance provided for an effective date of 6-1-2010. Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-13-2018. Said ordinance provided for an effective date of 6-1-2018. 12 Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-13- 2018. Said ordinance provided for an effective date of 6-1-2018. (Supp. No. 53) Created: 2022-09-11 14:11:00 [EST] Page 9 of 27 Page 222 of 241 any of its officers. The City Commission may designate such accountant or firm annually or for a period not exceeding three (3) years. If the state makes such an audit, the City Commission may accept it as satisfying the requirements of this section. § C-19. Initiative and referendum. [Amended 12-1-2009 by Ord. No. 2009-030111 A. Initiative Ordinance. Any proposed ordinance may be submitted to the City Commission by a petition signed by ten (10%) of the total number of qualified registered voters of the City of Ocoee as of the last preceding municipal general election. Within six (6) weeks after filing of such petition, the City Commission may pass said ordinance, or shall call a special election to be held within ninety (90) days, at which the adoption or rejection of such ordinance shall be submitted to the qualified voters of the City. If a majority of the qualified voters voting on the proposed ordinance shall vote in favor thereof, then the ordinance shall thereupon become a valid ordinance of the City. Any number of proposed ordinances may be voted upon at the same election according to the provisions of this section. Referendum Ordinance. Except for emergency ordinances, every ordinance shall take effect ten (10) days after its passage, unless a longer time be named therein or unless otherwise provided by law. If prior to the taking effect of any ordinance, a petition signed by ten (10%) of the total number of qualified registered voters of the City of Ocoee as of the last preceding municipal general election shall be filed with the City Commission protesting against the enactment of such ordinance, then such ordinance shall be suspended from taking effect. Thereupon, unless the City Commission shall, within six (6) weeks after the filing of such petition, reconsider or repeal such ordinance, the same shall be submitted to an election to be held as provided in paragraph A above, and such ordinance shall not be operative if a majority of the votes cast be in opposition thereto. The suspension of the effective date of such ordinance shall be lifted upon the certification of the results of any such election. C. City Commission. The City Commission may on its own motion submit to the popular vote for the adoption or rejection of any proposed ordinance. If a majority of the qualified voters voting on the proposed ordinance shall vote in favor thereof, then the ordinance shall thereupon become a valid ordinance of the City. Any number of proposed ordinances may be voted upon at the same election according to the provisions of this section. § C-20. Duties and emergency powers of the Mayor. The Mayor shall preside at all meetings of the City Commission and shall be recognized as the head of the city government for all ceremonial purposes and by the Governor of the State of Florida for the purposes of military law, civil law and service of process but shall have no regular administrative duties. The Mayor shall sign all deeds, contracts, agreements, bonds, notes, obligations and other legal documents of the city. The Mayor shall prepare and present to the city an annual state of the city message in the month of January of each year in which the Mayor holds office. In time of insurrection, general conflagrations, catastrophe or great or widespread public emergency, the Mayor shall become the head of the government and shall exercise those powers delegated to the Mayor under the laws of Florida. In the absence or disability of the Mayor, the functions of the Mayor shall be discharged by the Mayor pro tem. ARTICLE IV City Manager 13Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010. Said ordinance provided for an effective date of 6-1-2010. (Supp. No. 53) Created: 2022-09-11 14:11:00 [EST] Page 10 of 27 Page 223 of 241 § C-21. Appointment; qualifications; compensation. [Amended 1-5-1999 by Ord. No. 99-07"; 10-3-2017 by Ord. No. 2017-0254 ] The City Commission shall appoint by affirmative vote of a majority of all its members a City Manager for a minimum term of one (1) year. The City Manager shall be appointed solely on the basis of executive and administrative qualifications and need not be a resident of the City of Ocoee or the State of Florida at the time of appointment. Within one (1) year of commencement of employment, the City Manager shall become a resident of the city and shall remain a resident of the City while employed as City Manager. The City Commission shall fix the compensation of the City Manager and shall meet annually with the City Manager to review and evaluate the City Manager's performance. The City Commission may enter into an employment agreement with the City Manager addressing terms and conditions of employment not inconsistent with or in conflict with the provisions of this Charter. Any such employment agreement may provide that the City Manager may be terminated without cause at any time during the term of the employment agreement, subject to compliance with the procedures set forth in § C-22. Further, any such agreement may provide for circumstances under which the City Manager may be temporarily suspended with or without pay. The residency requirement stated in this Section shall apply to any City Manager initially appointed after the date of approval of this provision by the voters of the City. § C-22. Termination. [Amended 1-5-1999 by Ord. No. 99-0711 If the City Manager declines to resign at the request of the City Commission, the City Commission may suspend the City Manager by resolution approved by a majority of the total membership of the City Commission. A copy of such resolution shall be served immediately upon the City Manager. The City Manager shall have fifteen (15) days in which to reply thereto in writing, and upon request, shall be afforded a public hearing, which shall occur no earlier than fifteen (15) days nor later than thirty (30) days after such hearing is requested. After the public hearing, if one is requested, and after full consideration, the City Commission may, by a majority vote of its total membership, adopt a final resolution terminating the City Manager. The City Manager shall continue to receive full salary until the effective date of such resolution. A nonrenewal of the City Manager's employment agreement with the city shall not constitute a termination hereunder requiring compliance with the provisions of this section in order to terminate employment. The procedures set forth herein shall also be applicable to a termination of an employment agreement with the City Manager; provided, however, that if such employment agreement requires that a termination be for cause, then the resolutions discussed above shall specifically set forth the cause for termination. § C-23. Acting City Manager. [Amended 1-5-1999 by Ord. No. 99-0711] A. There shall be an Acting City Manager who shall exercise the powers and perform the duties of City Manager during the temporary absence, disability or suspension of the City Manager, or during such time as there is a vacancy in the position. In the case of a temporary absence, the City Manager shall "Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-9-1999. Said ordinance also provided for an effective date of 6-1-1999. Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-13-2018. Said ordinance provided for an effective date of 6-1-2018. "Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-9-1999. Said ordinance also provided for an effective date of 6-1-1999. 16Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-9-1999. Said ordinance also provided for an effective date of 6-1-1999. (Supp. No. 53) Created: 2022-09-11 14:11:00 [EST] Page 11 of 27 Page 224 of 241 designate, by letter filed with the City Clerk, a qualified city administrative officer to serve as Acting City Manager. In the event that (1) the City Manager fails to designate someone as Acting City Manager as required hereunder, (2) the City Manager has been suspended or is disabled or (3) there is a vacancy in the position of City Manager, then in any of such events the City Commission may then appoint a qualified Acting City Manager. B. The Acting City Manager shall serve at the pleasure of the City Commission and may be removed by the City Commission at any time, with or without cause. The removal of the Acting City Manager shall not affect, in any manner, any other positions such person may hold with the city. The provisions of § C-22 of this Article shall not apply to an Acting City Manager. C. The Acting City Manager shall serve as City Manager until such time as the City Manager resumes the position of City Manager, a new City Manager is appointed by the City Commission pursuant to § C-21 of this Article or the Acting City Manager is removed and a new Acting City Manager is appointed by the City Commission. § C-24. Powers and duties of City Manager. The City Manager shall be the chief administrative officer of the city and shall be responsible for the administration of all city affairs for which the City Manager is given responsibility under this Charter. The powers and duties of the City Manager shall include, but not be limited to, the following: A. To appoint and, when deemed necessary for the good of the city, to suspend or remove any city employees or appointive administrative officers unless otherwise provided under this Charter, the laws of Florida or any personnel rules and regulations adopted by the city. The City Manager may authorize any administrative officer who is subject to the City Manager's direction and supervision to exercise these powers with respect to subordinates in such officer's department, office or agency. B. To direct and supervise the administration of all departments, offices and agencies of the city, except as otherwise provided under this Charter or the laws of Florida. C. To attend all City Commission meetings and take part in any discussion at such meetings. This shall not be construed to include the right to vote at such meetings. D. To ensure, to the extent possible, that all provisions of this Charter and all laws and acts of the City Commission that are subject to enforcement by the City Manager or by officers subject to the direction and supervision of the City Manager are faithfully executed. E. To prepare and submit to the City Commission the annual budget and capital program for the city. F. To prepare and submit to the City Commission a complete report on the finances and administrative activities of the city as of the end of each fiscal year. Such report shall also be made available to the public. G. To prepare and submit to the City Commission such other reports as the City Commission may require concerning the operation of city departments, offices and agencies subject to the direction and supervision of the City Manager. H. To prepare and submit to the City Commission on a quarterly basis a complete report on the financial conditions and future needs of the city and to make recommendations relating thereto. I. To perform such other duties as may be required under this Charter or as may be required by the City Commission. J. To recommend to the City Commission the salary and wage scale of officers and employees of the city. (Supp. No. 53) Created: 2022-09-11 14:11:00 [EST] Page 12 of 27 Page 225 of 241 - CHARTER ARTICLE V Administrative Departments ARTICLE V Administrative Departments § C-25. General provisions. A. Creation of departments. The City Commission may establish city departments, offices or agencies in addition to those created by this Charter and may prescribe the functions of all such departments, offices and agencies, except that no function assigned by this Charter to a particular department, office or agency may be discontinued or assigned to any other except by ordinance adopted by the City Commission. Direction by City Manager. All city departments, offices and agencies under the direction and supervision of the City Manager shall be administered by an officer appointed by and subject to the direction and supervision of the City Manager. With the consent of the City Commission, the City Manager may serve as the head of one (1) or more such departments, offices or agencies; provided, however, that the City Manager may not serve as the Chief of Police or the City Clerk of the city. § C-26. City Attorney. There shall be a City Attorney who shall be appointed by a majority of all members of the City Commission. The City Attorney shall act as the attorney and counselor for the city. The City Attorney shall prepare and/or review as to form and legality all contracts, agreements, bonds and other written instruments to which the city is a party. When required to do so, the City Attorney shall prosecute and defend for and in behalf of the city all complaints, suits and controversies in which the city is a party. The City Attorney shall furnish to the City Commission and the City Manager an opinion on any question of law affecting the city and shall perform such other professional duties as may be consistent with this Charter and required by ordinance or resolution of the City Commission, prescribed for City Attorneys under the laws of Florida or otherwise requested by the City Commission or the City Manager. The City Attorney shall be a lawyer admitted in and having authority to practice in all courts of the State of Florida. The City Attorney may also serve as City Prosecutor, subject to the approval of the City Commission, and may appoint such Assistant City Attorneys as the City Attorney deems necessary. Upon recommendation of the City Attorney or the City Manager, the City Commission may retain special legal counsel to represent the city. Upon request by any board, commission or committee of the city, the City Commission or the City Manager shall appoint an attorney to assist such board, commission or committee. Upon the request of the City Commission or the City Manager, the City Attorney shall provide assistance to any board, commission or committee of the city. § C-27. Oath required; form. [Amended 12-1-2009 by Ord. No. 2009-03017] Every official of the city, before commencing the duties of office, shall take and subscribe to an oath or affirmation to be filed with the City Clerk, which shall be in a form prescribed for state officers under the constitution and the laws of Florida. 17Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010. Said ordinance provided for an effective date of 6-1-2010. Ocoee, Florida, Code of Ordinances (Supp. No. 53) Created: 2022-09-11 14:11:00 [EST] Page 13 of 27 Page 226 of 241 § C-28. City Clerk. A. Appointment; powers and duties. There shall be a City Clerk who shall be appointed by the City Manager. The City Clerk shall be under the direction and supervision of the City Manager. The salary of the City Clerk shall be determined by the City Manager, subject to the approval of the City Commission. The powers and duties of the City Clerk shall be in accordance with this Charter, the laws of Florida and the ordinances of the city and shall include, but not be limited to, the following: (1) Giving notice of City Commission meetings. (2) Attending all City Commission meetings and keeping minutes of such meetings to be signed by the Mayor of the city and attested by the City Clerk. (3) Acting as custodian of the City Seal, ordinances, resolutions and all papers and other documentation pertaining to the affairs of the city. (4) Preserving and filing all contracts and agreements to which the city is a party. (5) Posting all ordinances when required to do so. (6) Attesting to the Mayor's signature on all ordinances, resolutions, contracts, agreements and other documents. (7) Preserving and maintaining an Ordinance Book and a Resolution Book. (8) Performing all other duties appropriate to the office of City Clerk as may be imposed by law, required by city ordinance or directed by the City Manager. Acting City Clerk. [Amended 12-1-2009 by Ord. No. 2009-0301 1 (1) The City Clerk may designate a qualified individual as an Acting City Clerk to exercise the powers and perform the duties of City Clerk during the temporary absence of the City Clerk, subject to the approval of the City Manager. In the event that the City Clerk is temporarily absent and fails to designate someone as Acting City Clerk, the City Manager may then designate a qualified individual to serve as an Acting City Clerk. (2) The Acting City Clerk shall serve at the pleasure of the City Manager and may be removed by the City Manager at any time, with or without cause. The removal of the Acting City Clerk shall not affect, in any manner, any other positions such person may hold with the city. (3) The Acting City Clerk shall serve until such time as the City Clerk resumes the position of City Clerk, a new City Clerk is appointed by the City Manager or the Acting City Clerk is removed and a new Acting City Clerk is appointed by the City Manager. § C-29. City Prosecutor. The City Commission may appoint a City Prosecutor who may prosecute all offenses against the city's ordinances and shall perform such other prosecutorial duties as may be directed by the City Commission. The duties of the City Prosecutor shall include, but not be limited to, the following: A. Preparing charges after examination into the facts and circumstances of each case. 18Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010. Said ordinance provided for an effective date of 6-1-2010. (Supp. No. 53) Created: 2022-09-11 14:11:00 [EST] Page 14 of 27 Page 227 of 241 Having all witnesses required on behalf of the city properly summoned. C. When requested by the City Commission, preparing and submitting a complete report to the City Commission on all cases in which the City Prosecutor has represented the city. § C-30. Personnel Board. [Amended 12-1-2009 by Ord. No. 2009-03019] A. Establishment of a Personnel Board. There shall be a Personnel Board consisting of five (5) members appointed by the City Commission for terms of three (3) years. The members of the Personnel Board shall be qualified electors of the city and shall serve at the pleasure of the City Commission. The Personnel Board shall consist of at least one (1) city employee, one (1) City Commissioner, one (1) person who holds a management position with the city and one (1) citizen of Ocoee who is not employed by and does not hold office with the city. All members of the Personnel Board must be qualified electors of the city during their entire term on the Personnel Board in order to remain a member of such Board. Any city employee, City Commissioner or person holding a management position with the city who is appointed to the Personnel Board must hold his respective position with the city during his entire term on the Personnel Board in order to remain a member of such Board. B. Vacancies. Any vacancy occurring during the term of any member of the Personnel Board shall be filled by the City Commission for the remainder of the term. Such vacancy shall be filled within thirty (30) days after the vacancy occurs. C. Powers and duties. The Personnel Board shall be responsible for reviewing personnel policies for the city which are submitted to them by the City Manager and recommending such policies to the City Commission for adoption or amendment. The City Manager shall adhere to all personnel policies. The Personnel Board shall also have such other powers and duties as may be established by ordinance by the City Commission. [Amended 1-5-1999 by Ord. No. 99-07201 ARTICLE VI Financial Procedures § C-31. Fiscal year. The fiscal year of the city shall begin on the first day of October and end on the 30th day of September of the following calendar year. § C-32. Submission of budget and budget message. On or before the first day of August of each year, the City Manager shall submit to the City Commission a budget for the ensuing fiscal year and an accompanying message. § C-33. Budget message. The City Manager's message shall explain the budget both in fiscal terms and in terms of the work programs. It shall outline the proposed financial policies of the city for the ensuing fiscal year, describe the important features 19Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010. Said ordinance provided for an effective date of 6-1-2010. 20Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-9-1999. Said ordinance also provided for an effective date of 6-1-1999. (Supp. No. 53) Created: 2022-09-11 14:11:00 [EST] Page 15 of 27 Page 228 of 241 of the budget, indicate any major changes from the current year in financial policies, expenditures and revenues, together with the reasons for such changes, summarize the city's debt position and include such other material as the City Manager deems desirable. § C-34. Budget. The budget shall provide a complete financial plan of all city funds and activities for the ensuing fiscal year and, except as required by law or this Charter, shall be in such form as the City Manager deems desirable or the City Commission may require. In organizing the budget, the City Manager shall utilize the most feasible combination of expenditure classification by fund, organization unit, program, purpose or activity and object. It shall begin with a clear, general summary of its contents and shall show in detail all estimated income, indicating the proposed millage rate for ad valorem taxes and all proposed expenditures, including debt service, for the ensuing fiscal year. The budget shall be so arranged as to show comparative figures for the actual and estimated income and expenditures of the current fiscal year and the actual income and expenditures of the preceding fiscal year. It shall indicate in separate sections: A. Proposed expenditures for current operations during the ensuing fiscal year, detailed by offices, departments and agencies in terms of their respective work programs, and the method of financing such expenditures. B. Proposed capital expenditures during the ensuing fiscal year, detailed by offices, departments and agencies when practicable, and the proposed method of financing each such capital expenditure. C. Anticipated net surplus or deficit for the ensuing fiscal year of each utility owned or operated by the city and the proposed method of its disposition; subsidiary budgets for each such utility giving detailed income and expenditure information shall be attached as appendixes to the budget. D. Proposed measures to be taken to reduce costs and conduct a more economical operation during the fiscal year. § C-35. Balanced budget. The City Commission shall adopt a budget in which the total expenditures for the fiscal year do not exceed the total estimated revenues from all sources for such year, including, but not limited to, the issuance of bonds and other indebtedness, cash reserves and any other funds as may be available to the city. § C-36. Capital Improvement Program. [Amended 12-1-2009 by Ord. No. 2009-03021] A. The City Manager shall prepare and submit to the City Commission a five-year capital program as part of the annual budget. The capital program shall include: (1) A clear, general summary of its contents. (2) A list of all capital improvements which are proposed to be undertaken during the five (5) fiscal years next ensuing, with appropriate supporting information as to the necessity for such improvements. (3) Cost estimates, method of financing and recommended time schedules for each such improvement. 21Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010. Said ordinance provided for an effective date of 6-1-2010. (Supp. No. 53) Created: 2022-09-11 14:11:00 [EST] Page 16 of 27 Page 229 of 241 (4) The amount of budget appropriated in prior fiscal years, if any, for each such improvement. The above information may be revised and extended each year with regard to capital improvements still pending or in the process of construction or acquisition. C. At any time during the fiscal year, the City Commission may, by resolution, add, delete, or revise the scope and funding of capital projects contained in the Capital Improvement Program. § C-37. Adoption of budget. [Amended 12-1-2009 by Ord. No. 2009-03022] The public shall be given advance notice of all meetings of the City Commission at which the proposed budget is to be considered. Such notice shall be published in a newspaper of general circulation in the City of Ocoee at least seven (7) days before any such meeting. The budget shall be finally adopted at a public meeting of the City Commission in accordance with the laws of Florida. § C-38. Amendments after adoption. A. Supplemental appropriations. If during the fiscal year the City Manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the City Commission by ordinance may make supplemental appropriations for the year up to the amount of such excess. Reduction of appropriations. If at any time during the fiscal year it appears probable to the City Manager or City Commission that the revenues available will be insufficient to meet the amount appropriated, the City Manager shall report to the City Commission without delay the estimated amount of the deficit, any remedial action taken by the City Manager and any recommendations as to any other steps to be taken. The City Commission shall then take such further action as it deems necessary to prevent or minimize any deficit, and for that purpose it may by ordinance reduce one (1) or more appropriations. C. Transfer of appropriations within departments. At any time during the fiscal year the City Manager or City Commission may transfer part or all of any unencumbered appropriation balance among programs within a department, office or agency. D. Transfer of appropriations between departments. The City Commission may by ordinance transfer part or all of any unencumbered appropriation balance from one (1) department, office or agency to another. E. Limitations. No appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. § C-39. Lapse of appropriations. Every appropriation, except an appropriation pursuant to a five-year capital program under § C-36, shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. An appropriation pursuant to a five-year capital program shall continue in force until the purpose for which it was made has been accomplished or abandoned; the purpose of any such appropriation shall be deemed abandoned if three (3) years pass without any disbursement from or encumbrance of the appropriation. 22Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010. Said ordinance provided for an effective date of 6-1-2010. (Supp. No. 53) Created: 2022-09-11 14:11:00 [EST] Page 17 of 27 Page 230 of 241 § C-40. Depositories of city fund. The City Commission shall at its first regular meeting of each fiscal year designate depositories for city funds. Any bank located in the City of Ocoee or Orange County, state or national, and authorized to do business in the State of Florida which will deposit collateral authorized by the laws of Florida in such an amount as required by the laws of Florida or in such higher amount as the City Commission may determine and require for the protection of deposits may be designated by the City Commission as a city depository. Such depository shall then be authorized and entitled to receive funds of the City of Ocoee. The accounts of the city in any bank acting as a depository shall be subject at all times to inspection and audit by the City Auditor. § C-41. Accurate accounts of money to be kept. The City Commission shall cause to be kept accurate accounts and a complete set of books as may be required under the laws of Florida. § C-42. Expend or contract to expend money. Unless the City Commission otherwise provides by resolution, no office, department or board shall, during any budget year, expend or contract to expend any money, incur any liability or enter into any contract which by its terms involves the expenditure of money for any purpose in excess of the amounts appropriated for that general classification or expenditure pursuant to this Charter. Any contract, oral or written, made in violation of this section or any section in this Charter shall be null and void. Any contract which by its terms involves the expenditure of money for a period exceeding the budget year in which such contract is made, when such contract is otherwise permitted by law, shall be valid only if approved or authorized by the City Commission. § C-43. Investment of surplus funds. The City Commission shall have authority to invest any surplus funds of the city in funds or investments authorized for such purposes by the laws of Florida, but no such investments shall be purchased at a higher price than their market price at the time of such purchase, and no bonds shall be purchased until the City Attorney shall have approved the legality of the issue of such bonds. ARTICLE VII Nominations and Elections § C-44. Identification of City Commissioner. [Amended 9-20-1988 by Ord. No. 88-28] Each City Commissioner shall be elected to a seat number as set forth hereinbelow and shall represent a single -member district as set forth under § C-68 of Article XI of this Charter. Seat numbers and their corresponding single -member districts shall be shown on qualification forms, ballots and other election records. (Supp. No. 53) Created: 2022-09-11 14:11:00 [EST] Page 18 of 27 Page 231 of 241 § C-45. Election dates and terms of office. [Amended 4-2-1996 by Ord. No. 96-05; 10-7-1997 by Ord. No. 97-20; 1-5-1999 by Ord. No. 99-0723; 10-3-2017 by Ord. No. 2017-0254 ] A. Beginning in March 2021, regular municipal elections shall be held annually on the second Tuesday in March of each odd -numbered year. The terms of office of the Mayor and City Commissioners shall be as follows: (1) The Mayor shall be elected for a four-year term at a regular municipal election to be held in March 2019 and shall thereafter be elected for a four-year term at a regular municipal election to be held every four (4) years thereafter. (2) Two (2) City Commissioners shall be elected for four-year terms at a regular municipal election to be held in March 2021 and shall thereafter be elected for four-year terms at a regular municipal election to be held every four (4) years thereafter. Such City Commissioners shall be elected to Seat No. 2 and Seat No. 4. (3) Two (2) City Commissioners shall be elected for four-year terms at a regular municipal election to be held in March 2019 and shall thereafter be elected for four-year terms at a regular municipal election to be held every four (4) years thereafter. Such City Commissioners shall be elected to Seat No. 1 and Seat No. 3. 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 of the next regularly scheduled City Commission meeting held after the results of the election are declared by the Canvassing Board as set forth in section C-50 of this charter. The incumbent Mayor and City Commissioners in office on the date of approval of this provision by the voters of the City shall continue to hold their respective offices until their successors are sworn into office. Notwithstanding the foregoing, in the event that no candidate qualifies for the office of Mayor or a specific seat on the City Commission, then such office or seat shall be declared vacant by the Canvassing Board at its meeting following the regular municipal election. § C-46. General election rules. The following rules shall be applicable to elections for the office of Mayor and the office of City Commissioner: A. Any candidate for Mayor who receives a majority of the votes cast for such office shall be elected. Any candidate for each separate City Commission seat who receives a majority of the votes cast for such office shall be elected. C. In the event that no candidate for a city elective office receives a majority of the votes cast for that office, then a runoff election between the two (2) candidates who received the most votes for such 13Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-9-1999. Said ordinance also provided for an effective date of 6-1-1999. Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-13-2018. Said ordinance also provided for an effective date of 6-1-2018. (Supp. No. 53) Created: 2022-09-11 14:11:00 [EST] Page 19 of 27 Page 232 of 241 office shall be held at least seven (7) days and no more than thirty (30) days following the regular municipal election for such office. § C-47. Qualifications of electors. Any person who is a resident of the City of Ocoee, who has qualified as an elector of the State of Florida and who registers in the manner prescribed by general law shall be an elector of the City of Ocoee. § C-48. Registration of electors. Electors of the City of Ocoee shall register with the appropriate officials of Orange County, Florida. The City Commission shall have authority to make such arrangements as may be necessary for the attainment and/or certification of the list of eligible electors qualified to vote in a city election. § C-49. Conduct of elections. [Amended 12-1-2009 by Ord. No. 2009-03024] 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. § C-50. Certification of results; canvass of returns; notification of successful candidates. [Amended 12-1-2009 by Ord. No. 2009-03025] 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 will consist of three (3) citizens appointed by the City Commission. The Canvassing Board shall canvass the returns and shall declare the results of the canvass as the results of the election in a manner provided by city ordinance or as otherwise required by law. A majority of the Canvassing Board shall constitute a quorum thereof. Notwithstanding the foregoing, with the agreement of the Orange County Canvassing Board and Orange County Supervisor of Elections, the City Commission may, by ordinance, assign and abdicate the canvassing responsibilities of the City Canvassing Board to the Orange County Canvassing Board. In such event, the Orange County Canvassing Board shall canvass the returns and shall declare the results of the canvass as the results of the election in a manner provided by city ordinance or as otherwise required by law. § C-51. Names on ballots. The full names of all candidates for election to the City Commission, except those who have withdrawn, died or become ineligible, shall be printed on the official ballots without party designation or symbol. The names of the candidates shall be arranged in the alphabetical order of their surnames. "Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010. Said ordinance provided for an effective date of 6-1-2010. 25Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010. Said ordinance provided for an effective date of 6-1-2010. (Supp. No. 53) Created: 2022-09-11 14:11:00 [EST] Page 20 of 27 Page 233 of 241 § C-52. Ballots for ordinances and Charter amendments. An ordinance, a charter amendment or any other matter to be voted on by 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 describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: "Shall the above -described (ordinance) (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 "no" in the manner required by the Supervisor of Elections. ARTICLE VIII Levy of Taxes and Issuance of Bonds § C-53. Power of city to levy taxes; maximum levy. The City of Ocoee shall have the power to levy taxes each year for the ordinary purposes of the municipality, provided that such levy shall not exceed ten (10) mills on the assessed valuation of taxable property within its limits or such limitations as established by the laws of Florida. § C-54. General obligation bonds. A. The city shall have the power to issue general obligation bonds in an aggregate principal amount of bonds outstanding at any one (1) time not in excess of twenty-five percent (25%) of the assessed value of the taxable property within the city as shown on the pertinent tax records at the time of the authorization of the general obligation bonds for which the full faith and credit of the city is pledged. Except for refunding bonds, no general obligation bonds shall be issued unless the issuance thereof shall have been approved by the electors of the city at an election held in accordance with the requirements for such election as prescribed by the Constitution and the laws of Florida. B. The city may pledge its full faith and credit for the payment of the principal and interest on such general obligation bonds and for any reserve or other funds provided therefor, and the city may unconditionally and irrevocably pledge itself to levy ad valorem taxes on all taxable property in the city to the extent necessary for the payment thereof. C. If the city shall determine to issue general obligation bonds for more than one (1) different purpose, the approval of the issuance of the bond for each and all such purposes may be submitted to the electors separately on one and the same ballot. The failure of the electors to approve the issuance of bonds for any one (1) or more purposes shall not defeat the approval of bonds for any purpose which shall be approved by the electors. § C-55. Powers declared additional to state law. Except as set forth in § C-54 of this Article, this Article shall not be construed as in any way restricting or superseding any of the provisions of any general law of Florida relating to the taxing and bond issuance powers of municipalities but shall provide an alternative and supplementary method for the exercise of the powers granted in this Charter; and the city shall be fully authorized to exercise any powers provided in such general laws upon compliance only with the provisions of such general laws. (Supp. No. 53) ARTICLE IX General Provisions Created: 2022-09-11 14:11:01 [EST] Page 21 of 27 Page 234 of 241 § C-56. Personal financial interest. All city officers and employees shall comply with the Code of Ethics for Public Officers and Employees26 or such other laws as may be enacted by the Florida Legislature governing the conduct and ethics of public officers and employees, as set forth under the laws of Florida. Any violation of this section by a city officer or employee shall constitute grounds for forfeiture of the office or position held by such officer or employee. Any violation of this section shall render any contracts with the city voidable by the City Manager or the City Commission if the person or entity contracting with the city had express or implied knowledge of such violation. Nothing contained herein shall be construed to deprive any city officer or employee of such officer's or employee's right to due process under the Constitution and the laws of the United States and the State of Florida. § C-57. Construction of Charter. Except as otherwise provided herein, the provisions of this Charter shall be liberally construed to effect its purpose and shall be deemed cumulative, supplemental and alternative authority for the exercise of the powers provided herein. § C-58. Severability of provisions. If any sentence, phrase, paragraph, provision or portion of this Charter is for any reason held invalid, unenforceable or unconstitutional by any court of competent jurisdiction, such portion shall be deemed to be a separate, distinct and independent provision and such holding shall not in any way affect the validity of the remaining portion thereof. If any sentence, phrase, paragraph, provision or portion of the Charter is held invalid, unenforceable or unconstitutional in its application to any person or circumstance, the application of the Charter and its provisions to other persons or circumstances shall not be affected thereby. ARTICLE X Charter Review Commission § C-59. Appointment of members; alternate members; absences. [Amended 12-1-2009 by Ord. No. 2009-03027; 10-3-2017 by Ord. No. 2017-0252 (1) 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 shall consist of five (5) members who shall be appointed by a majority vote of the City Commission and who shall serve on such Commission for terms of one (1) year unless such terms are extended by the City Commission. The Mayor shall also appoint a first and second alternate member, subject to the approval of the City Commission, who may fill in for any member absent from a Charter Review Commission meeting. "Editor's Note: See F.S. § 112.311 et seq. 27Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010. Said ordinance provided for an effective date of 6-1-2010. Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-13-2018. Said ordinance also provided for an effective date of 6-1-2018. (Supp. No. 53) Created: 2022-09-11 14:11:01 [EST] Page 22 of 27 Page 235 of 241 (2) Alternate members shall serve as a regular member of the Charter Review Commission; provided, however, an alternate member may not vote on a matter unless a member is absent. If a member is absent, the first alternate may vote on a matter in the place of the absent member. If a second member is absent, the second alternate may vote on a matter in the place of the second absent member. (3) Absence by any member, including the alternates, from three (3) meetings of the Charter Review Commission shall result in automatic removal of the absent member and vacation of the seat of the absent member, whether such member's absence is excused or unexcused. § C-60. Removal; vacancies. A. Removal. Any member of the Charter Review Commission may be removed by the City Commission in accordance with the following procedures: (1) The City Commission shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal. A copy of the resolution shall be promptly delivered to the member of the Charter Review Commission sought to be removed. (2) Within five (5) days after a copy of the resolution is delivered to the member sought to be removed, such member may file with the City Commission a written reply and/or a written request for a public hearing. This hearing shall be held at a City Commission meeting no earlier than fifteen (15) days and no later than thirty (30) days after the request is filed. (3) The City Commission may adopt by affirmative vote of a majority of all its members a final resolution of removal, which may be made effective immediately. Such resolution, if adopted, must be adopted no earlier than six (6) days and no later than thirty (30) days from the date a copy of the preliminary resolution was delivered to the member sought to be removed, if such member has not requested a public hearing. If such member has requested a hearing, such resolution, if adopted, must be adopted within forty-five (45) days from the date of the hearing. Vacancies. In the event of a vacancy on the Charter Review Commission, the first alternate will assume the vacant seat. In the event of a second vacancy on the Charter Review Commission, the second alternate will assume the vacant seat. If any vacancy occurs in the Charter Review Commission and no alternate member is available to assume the vacant seat, a qualified individual shall be appointed by the City Commission to serve in place of the member who created the vacancy. Such vacancy shall be filled within thirty (30) days after the vacancy occurs. [Amended 10-3-2017 by Ord. No. 2017-02528] § C-61. Powers and duties. [Amended 12-1-2009 by Ord. No. 2009-03029; 10-3-2017 by Ord. No. 2017-0253] The Charter Review Commission shall be empowered to conduct a comprehensive study of any or all phases of city government. If changes are recommended, the Charter Review Commission shall transmit its proposed 28Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-13-2018. Said ordinance also provided for an effective date of 6-1-2018. 29Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010. Said ordinance provided for an effective date of 6-1-2010. Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-13-2018. Said ordinance provided for an effective date of 6-1-2018. (Supp. No. 53) Created: 2022-09-11 14:11:01 [EST] Page 23 of 27 Page 236 of 241 report with Charter amendments in ordinance form to the City Commission for comment. The City Commission shall, within 45 days of receipt, review the report. 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. 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. The final report and ordinance must be adopted by the City Commission at least ninety (90) days prior to the election, or as otherwise may be required by law. In the same election, the City Commission may sponsor its own proposal for inclusion on the ballot. In the event of any conflict among proposals, that proposal receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. § C-62. [Repealed]. [Amended 12-1-2009 by Ord. No. 2009-030] § C-63. Officers. The Charter Review Commission shall create and elect appropriate officers as it deems necessary for the orderly conduct of its specific duties. § C-64. Expenses. The City Commission shall appropriate funds to defray reasonable expenses of the Charter Review Commission. ARTICLE XI Single -Member Districts [Added 9-20-1988 by Ord. No. 88-28] § C-65. Number of districts. The City of Ocoee shall be divided into four (4) single -member districts effective upon the adoption of the initial geographic boundaries of such districts by the City Commission of the City of Ocoee. § C-66. Establishment of Districting Commission; alternate members; absences. [Amended 10- 3-2017 by Ord. No. 2017-02530] A. (1) Appointment of members. The City Commission shall establish a Districting Commission after April 1, 2021 or within three (3) months of receipt of the 2020 census data, whichever is earlier, and every ten (10) years thereafter a new Districting Commission shall be appointed by the City Commission within three (3) months of receipt of the relevant census data. A Districting Commission may also be appointed by the City Commission at such other times as deemed necessary by the City Commission. The Districting Commission shall consist of five (5) members and a first and second alternate member who shall be appointed by majority vote of the City Commission and who shall serve on such commission for terms of one (1) year, unless such terms are extended by the City Commission. 30Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-13- 2018. Said ordinance provided for an effective date of 6-1-2018. (Supp. No. 53) Created: 2022-09-11 14:11:01 [EST] Page 24 of 27 Page 237 of 241 (2) Alternate members shall serve as a regular member of the Districting Commission; provided, however, an alternate member may not vote on a matter unless a member is absent. If a member is absent, the first alternate may vote on a matter in the place of the absent member. If a second member is absent, the second alternate may vote on a matter in the place of the second absent member. (3) Absence by any member, including the alternates, from three (3) meetings of the Districting Commission shall result in automatic removal of the absent member and vacation of the seat of the absent member, whether such member's absence is excused or unexcused. Removal; vacancies. (1) Removal. Any member of the Districting Commission may be removed by the City Commission in accordance with the following procedures: (a) The City Commission shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal. A copy of the resolution shall be promptly delivered to the member of the Districting Commission sought to be removed. (b) Within five (5) days after a copy of the resolution is delivered to the member sought to be removed, such member may file with the City Commission a written reply and/or a written request for a public hearing. This hearing shall be held at a City Commission meeting no earlier than fifteen (15) days and no later than thirty (30) days after the request is filed. (c) The City Commission may adopt by affirmative vote of a majority of all its members a final resolution of removal, which may be made effective immediately. Such resolution, if adopted, must be adopted no earlier than six (6) days and no later than thirty (30) days from the date a copy of the preliminary resolution was delivered to the member sought to be removed, if such member has not requested a public hearing. If such member has requested a hearing, such resolution, if adopted, must be adopted within forty-five (45) days from the date of the hearing. (2) Vacancies. In the event of a vacancy on the Districting Commission, the first alternate will assume the vacant seat. In the event of a second vacancy on the Districting Commission, the second alternate will assume the vacant seat. If any vacancy occurs in the Districting Commission and no alternate member is available to assume the vacant seat, a qualified individual shall be appointed by the City Commission to serve in place of the member who created the vacancy. Such vacancy shall be filled within thirty (30) days after the vacancy occurs. C. Powers and duties. (1) The Districting Commission shall serve as an advisory body to the City Commission with respect to the redistricting of the geographic boundaries of the four (4) single -member districts of the City of Ocoee. (2) Upon its appointment in 2021, the Districting Commission shall review the most current, official census data, together with all other data relevant to the adjustment of geographic boundaries of the four (4) single -member districts. (3) The Districting Commission shall prepare a report to the City Commission containing recommendations, if any, for the adjustment of district boundaries. (4) All recommendations concerning the geographic boundaries of single -member districts shall be prepared in compliance with the legal standards relating to redistricting including but not limited to the following criteria: (Supp. No. 53) Created: 2022-09-11 14:11:01 [EST] Page 25 of 27 Page 238 of 241 (a) Each district shall be formed of compact, contiguous territory and shall be as rectangular as possible. To the extent possible, the boundary lines of each district shall follow the center lines of streets. (b) The districts shall be based upon the principle of equal and effective representation as required by the United States Constitution. (c) The boundaries of each district shall, to the extent possible, be aligned with the boundaries of the county precincts within the city and with the boundaries of the city. (d) All reports containing recommendations shall include a map that sets forth the proposed boundaries of each district. D. Recommendations to the City Commission. All reports of the Districting Commission shall be available to the public and submitted to the City Commission in accordance with such reasonable deadlines as may be established by the City Commission or as may otherwise be required by law. Within two (2) months of the receipt of any such reports, the City Commission shall accept or reject the recommendations contained therein, or the City Commission may send such reports back to the Districting Commission for further study and consideration. The subsequent redistricting of the geographic boundaries of the four (4), single -member districts shall be done by ordinance by the City Commission; provided, however, that the City Commission shall not redistrict such boundaries until after receipt of a report from the Districting Commission containing recommendations relating thereto, unless the Districting Commission fails to deliver its report by the deadline established by the City Commission. E. Officers. The Districting Commission shall create and elect appropriate officers as it deems necessary for the orderly conduct of its specific duties. F. Support. It shall be the responsibility of the Planning Department, or such other department as may be designated by the City Manager, to provide technical data and assistance to the Districting Commission. City staff shall also be available to assist the Districting Commission as needed. G. Expenses. The City Commission shall appropriate funds to defray reasonable expenses of the Districting Commission. § C-67. Date of adoption of initial districts. The City Commission shall adopt by ordinance the initial geographic boundaries of the four (4) single - member districts after receipt of a report by the Districting Commission containing recommendations concerning such boundaries, but in no event shall such initial boundaries be adopted later than June 1, 1992. Such ordinance shall designate four (4) single -member districts which will be identified in such ordinance as District Nos. 1, 2, 3 and 4. § C-68. Representation of districts. In order to harmonize the terms of the present members of the City Commission with the form of government establishment by this Article, it is hereby provided that effective upon the adoption of the initial geographic boundaries of the single -member districts by the City Commission, each single -member district shall be represented by an incumbent City Commissioner as set forth below: A. District No. 1 shall be represented by the City Commissioner previously elected to Seat No. 1 for the duration of such Commissioner's current elected term of office. District No. 2 shall be represented by the City Commissioner previously elected to Seat No. 2 for the duration of such Commissioner's current elected term of office. (Supp. No. 53) Created: 2022-09-11 14:11:01 [EST] Page 26 of 27 Page 239 of 241 C. District No. 3 shall be represented by the City Commissioner previously elected to Seat No. 3 for the duration of such Commissioner's current elected term of office. D. District No. 4 shall be represented by the City Commissioner previously elected to Seat No. 4 for the duration of such Commissioner's current elected term of office. § C-69. District residency requirements. Effective upon the adoption of the initial geographic boundaries of the single -member districts by the City Commission, the City Commissioners shall be required to comply with the following residency requirements: A. The Commissioners to be elected in November 1992 must be bona fide residents of their respective districts as of the date of qualifying to run for office in order to qualify for and hold office as a Commissioner for their respective districts. Thereafter the City Commissioners representing said districts and elected to said seats must be bona fide residents of their respective districts in order to qualify for and to hold the office of Commissioner as required under § C-11 of Article III of this Charter. The Commissioners to be elected at the next general municipal election following the November 1992 election must be bona fide residents of their respective districts as of the date of qualifying to run for office in order to qualify for and hold office as a Commissioner for their respective districts. Thereafter the City Commissioners representing said districts and elected to said seats must be bona fide residents of their respective districts in order to qualify for and to hold the office of Commissioner as required under § C-11 of Article III of this Charter. C. Notwithstanding any provision contained herein to the contrary, any member of the City Commission who ceases to be a bona fide resident of the district which such member represents as a result of redistricting or a change in district boundaries by the City Commission shall continue to hold office for the duration of such members' term and shall continue to represent such district. [Added 12-1-2009 by Ord. No. 2009-03031] § C-70. Annexed territory. After the establishment of the initial geographic boundaries of the districts, any territory annexed to or consolidated with the City of Ocoee shall, at the time of such annexation or consolidation, be added to an adjacent district or districts by an ordinance of the City Commission which may be a part of the annexation or consolidation ordinance. § C-71. Redistricting. The City Commission shall, by ordinance adopted by a majority vote of all the members of the City Commission, redistrict the geographic boundaries of each single -member district after each official decennial census conducted by the United States Government and, to the extent permitted by law, after receipt of a report by the Districting Commission containing recommendations, if any, for the adjustment of district boundaries as required under § C-66 of this Article. District boundaries shall not be changed less than four (4) months prior to a regular municipal election, except to include territory annexed to or consolidated with the city. All redistricting of district boundaries shall be in accordance with the Constitutions and the laws of the United States and of Florida and the provisions of § C-66C(4)(a) through (d) of this Article. 31Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010. Said ordinance provided for an effective date of 6-1-2010. (Supp. No. 53) Created: 2022-09-11 14:11:01 [EST] Page 27 of 27 Page 240 of 241 • SUMMARIZED PUBLIC COMMENTS FROM THE JULY 20TH CRC MEETING. Brad Lomneck, Ocoee Resident, asked a hypothetical question on the qualification process if the Charter amendment to move the qualifying date to December had been in place. He further asked the attorney's interpretation of the vacancy of a seat and confirmed that a person who vacates a seat could not be the successor of the seat they vacated; and further, requested confirmation that the interim could be a successor. CRC Facilitator/Board Attorney Geller addressed his questions, and provided his interpretation of C-17 C. of the Charter. He opined that section C-17 C., Filling of vacancies. "...The successor shall serve for the unexpired term of the member who created the vacancy," could not be the same person but the City Commission would be the ones to determine that. He further opined that the person appointed as interim would not be affected from running as they did not create the vacancy. Page 241 of 241