HomeMy WebLinkAboutItem 11 Second Reading of Ordinance on City Commission Initiated Charter Amendments to Section C-9, C-10, and C-17
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: March 5, 2024
Item #: 11
Contact Name: Rick Geller, City Attorney Department Director: Rick Geller, City Attorney
Contact Number: City Manager: Robert Frank
Subject: Second Reading of Ordinance on City Commission Initiated Charter Amendments to
Sections C-9, C-10, and C-17. (City Attorney Geller)
Background Summary:
The First Reading of the Ordinance was held on February 20, 2024.
Members of the City Commission have asked the City Attorney on various occasions whether the City’s
citizens could vote to amend the City Charter in response to a Court Order entered by a Circuit Court
Judge on December 7, 2023, that limited the Commission’s authority to regulate the candidacy of those
running for the City Commission.
On February 6, 2024, the City Commission, through consensus, officially directed the City Attorney to
recommend revisions to the City Charter. The attached Ordinance contains three recommended
amendments, to Sections C-9, C-10, and C-17, as described below.
The City Commission’s Interpretation of Section C-17, City Charter
On November 7, 2023, the City Commission adjudged that Section C-17 of the City Charter barred a
former City Commissioner from running in the March 2024 election to recapture the last year of the
term of office from which he had submitted an “irrevocable” letter of resignation under Florida’s Resign-
to-Run statute, Florida Statutes § 99.012. Section C-17 states in pertinent part:
Filling of vacancies. If any vacancy…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. …. The
successor to the office of…Commissioner shall be elected at the next
general city election if such election is to be held within twelve (12) months
of the vacancy. …. The successor shall serve for the unexpired term of
the member who created the vacancy.
Based on Black’s Law Dictionary’s definition of “successor” as “one who replaces or follows another,”
the City Commission determined that Section C-17 must refer to two different people—the “member
who created the vacancy” and member’s “successor.” The former Commissioner could not be both
people; however, he could run for the seat after his original term expires, in the March 2025 election.
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
Circuit Court Order
On December 7, 2023, in the case of Oliver v. Sibbitt (Case No. 2023-CA-017123-O), an Orange
County Circuit Court Judge entered an Order Granting Emergency Motion for Temporary
Injunction. The Circuit Judge ordered the City Clerk to accept the former City Commissioner’s
qualifying papers as a candidate in the March 2024 election. The Circuit Judge never criticized or
otherwise addressed the City Commission’s interpretation of Section C-17, having never reached the
issue. Instead, the Circuit Judge held that the City Commission lacked authority under the City Charter
to adjudicate the former Commissioner’s qualifications as a candidate. The Circuit Judge wrote
(emphasis added by the court):
The City Charter does not give the City the right to judge the qualifications of
candidates. Instead, Section C-10 of the Ocoee City Charter states, ‘[t]he City Commission
shall be the judge of the election and qualifications of its members and of the grounds for
forfeiture of their office...’ (emphasis added). It is clear Plaintiff is not a member of the City
Commission and therefore, the City Commission is not the judge of his qualifications as a
candidate.
Hence, the Circuit Judge differentiated between members of the Commission and those who seek
election to become a member, narrowly interpreting the City Commission’s role as “judge of the
election” so as to exclude candidacy for election. Under this interpretation, an unqualified candidate
for the City Commission can submit qualifying papers, run for office, siphon votes from one or more
qualified candidates, and win election without the City Commission having any recourse before the
election.
The City decided not to appeal the Order, considering both the expense to the City and the ability of
the City’s citizens to, in effect, overturn the Judge’s decision at the voting booth.
Section C-9 – Interpreting and Enforcing the Charter
To remove any doubt created by the Order and to confirm or establish that the City Commission has
authority to interpret and enforce the City’s own governing Charter, a proposed amendment to Section
C-9 of the Charter would add:
The City Commission has the authority to interpret and enforce the
provisions of this Charter, which shall be binding unless such interpretation
and enforcement is held by a court of competent jurisdiction, including after
any appeals, to be clearly erroneous, arbitrary, capricious, or otherwise
unconstitutional.
Section C-10 – Adjudging Qualifications of Candidates
A proposed amendment to Section C-10 of the Charter would confirm or establish the authority that
the City Commission believed it possessed on November 7, 2023, to adjudge the qualifications of,
not only its elected members, but also of candidates and persons seeking to qualify as candidates to
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
the City Commission in an election. Amended Section C-10 would state:
The City Commission shall be the judge of the qualifications and eligibility
of candidates for the City Commission, the election and qualifications of its
members, and of the grounds for forfeiture of their office under this
Charter.
The amendment would also state that the City Commission has the power to
establish procedural rules for implementing this section and ensuring due process,
including reasonable notice to affected parties. …. Decisions made by the City
Commission under this section shall be subject to review by the a courts of competent
jurisdiction on a petition for writ of certiorari.
A petition for writ of certiorari is the proper method of seeking an appellate-level review of a local
government’s quasi-judicial decision. On a petition for writ of certiorari, a court can quash a local
government’s quasi-judicial decision that fails to comply with procedural due process, is not based on
competent substantial evidence, or otherwise departs from the essential requirements of law resulting
in a miscarriage of justice.
Section C-17 – Irrevocable Resignation
Finally, an amendment to Section C-17 would confirm or establish that the City Commission correctly
adjudged on November 7, 2023, that a member who resigns from their office cannot thereafter seek to
recapture any part of the same term of office. The amendment would state:
The successor shall serve for the unexpired term of the member who created the
vacancy. A member who resigns from their office cannot thereafter seek election to
any part of the same term of office from which the member resigned.
The City Commission’s Options
Section C-59 authorizes the City Commission to appoint a Charter Review Commission “at such times
as deemed necessary….” Therefore, if deemed necessary, the City Commission could reconvene the
Charter Review Commission to make a recommendation back to the City Commission on whether to
place the proposed amendments on the ballot.
Alternatively, the City Commission could decide that reconvening the former Charter Review
Commission to make recommendations about the Commission’s own authority is not necessary. The
City Commission can ask the voters directly to consider the proposed amendments. Florida Statutes
§ 166.031(1) states in pertinent part:
The governing body of a municipality may, by ordinance…submit to the
electors of said municipality a proposed amendment to its charter …. The
governing body of the municipality shall place the proposed amendment
contained in the ordinance…to a vote of the electors at the next general
election held within the municipality or at a special election called for such
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
purpose. …. A municipality may amend its charter pursuant to this section
notwithstanding any charter provisions to the contrary.
Therefore, the City Commission can decide to conduct two readings of the attached Ordinance and
place one or all three of the proposed Charter amendments on the November 5, 2024 ballot. The
ordinance would become effective on March 20, 2024, the day after the March 19, 2024, general city
election.
Issue:
Should the Honorable Mayor and City Commissioners (1) reconvene the former Charter Review
Commission to consider the recommended Charter amendments; or (2) approve of one or all three of
the proposed Charter amendments to Sections C-9, C-10, and C-17 of the City Charter and proceed
with placing them on the November ballot?
Recommendations:
The City Attorney recommends the Honorable Mayor and City Commissioners (1) reconvene the
former Charter Review Commission to consider the recommended Charter amendments; or (2)
bypass the Charter Review Committee and approve of one or all three of the proposed Charter
amendments to Sections C-9, C-10, and C-17 of the City Charter and proceed with placing them on
the November ballot.
Attachments:
1. Ordinance
2. Legal Ad
Financial Impacts:
None
Type of Item: Second Reading Public Hearing
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ORDINANCE NO. 2024-_________
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
PROPOSING AMENDMENTS TO THE CITY OF OCOEE’S
CHARTER PERTAINING TO:
(1) § C-9, TO CONFIRM OR ESTABLISH THAT THE CITY
COMMISSION HAS AUTHORITY TO INTERPRET AND
ENFORCE THE PROVISIONS OF THE CHARTER, AND
PROVIDING FOR JUDICIAL REVIEW; AND
(2) § C-10, TO CONFIRM OR ESTABLISH THAT THE CITY
COMMISSION HAS AUTHORITY TO INTERPRET AND
ADJUDGE THE QUALIFICATIONS AND ELIGIBILITY OF
CANDIDATES FOR THE COMMISSION, ESTABLISH
PROCEDURAL RULES TO PROVIDE NOTICE AND DUE
PROCESS TO ANY AFFECTED PARTIES, AND PROVIDE
FOR JUDICIAL REVIEW; AND
(3) § C-17, TO CONFIRM THAT A COMMISSION MEMBER
WHO RESIGNS FROM THEIR OFFICE CANNOT
THEREAFTER SEEK ELECTION TO ANY PART OF THE
SAME TERM OF OFFICE FROM WHICH THE MEMBER
RESIGNED; AND
PROVIDING A FORM OF BALLOT FOR THE PROPOSED
AMENDMENTS AT THE NEXT GENERAL CITY ELECTION
AFTER THE EFFECTIVE DATE OF THIS ORDINANCE, ON
NOVEMBER 5, 2024 OR AS OTHERWISE SET BY THE CITY
COMMISSION; DIRECTING THE CITY CLERK TO FILE
THE REVISED CHARTER AS APPROVED BY THE VOTERS
WITH THE FLORIDA DEPARTMENT OF STATE; AND
PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, Article VIII, § 2 of the Constitution of the State of Florida and Chapter 166,
Florida Statutes, vests the City of Ocoee (the "City") with broad Home Rule authority to conduct
municipal government, and exercise any power for municipal purposes except as otherwise prohibited
by law; and
WHEREAS section C-10 of the City Charter states that the City Commission “shall be the
judge of the election and qualifications of its members”; and
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WHEREAS, the City Commission interprets section C-10 to mean that the City Commission
has authority to not only judge the election and qualifications of its elected members but judge the
eligibility and qualifications of those seeking to become a member of the City Commission through
an election; and
WHEREAS, the Charter Review Commission appointed on April 18, 2023, interpreted the
City Commission to have such authority under section C-10, and proposed no changes to section C-
10 for the ballot at the next general city election, on March 19, 2024;
WHEREAS, in an Order Granting Emergency Motion for Temporary Injunction entered on
December 7, 2023, an Orange County Circuit Judge in case of Oliver v. Sibbitt (Case No. 2023-CA-
017123-O) held, “The City Charter does not give the City the right to judge the qualifications of
candidates. Instead, Section C-10 of the Ocoee City Charter states, ‘[t]he City Commission shall be
the judge of the election and qualifications of its members and of the grounds for forfeiture of their
office...’ (emphasis added [by the court]). It is clear Plaintiff is not a member of the City Commission
and therefore the City Commission is not the judge of his qualifications as a candidate.”
WHEREAS, the City Commission disagrees with the Circuit Judge’s holding, but to remove
any doubt, the City Commission wishes for the City’s voters to confirm the City Commission’s
authority to interpret and enforce the City Charter;
WHEREAS, the City Commission seeks to confirm or establish its authority to adjudge the
qualifications and eligibility of, not only its elected members, but also of candidates and persons
seeking to qualify as candidates for election to the City Commission;
WHEREAS, section C-17 of the City Charter (Filling of vacancies) states in relevant part,
“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
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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”; and
WHEREAS, Black’s Law Dictionary (10th ed. 2014) defines “successor” as “A person who
succeeds to the office, rights, responsibilities, or place of another; one who replaces or follows a
predecessor”; and
WHEREAS, "Florida courts have generally defined a successor as "he that followeth or
cometh in another's place" or, more recently, as one "who follows or takes the place another has
left and sustains the like part or character." Argonaut Ins. Co. v. Commercial Standard Ins. Co.,
380 So. 2d 1066, 1068 (Fla. 2d DCA 1980) (quoting Beatty v. Ross, 1 Fla. 198, 209 (1847)); and
WHEREAS, the City Commission interprets “the successor” and “the member who created
the vacancy,” as used in section C-17, as referring to two different people; and
WHEREAS, Florida’s Resign-to-Run Act, § 99.012(b), Florida Statutes, requires an
“irrevocable” resignation by a member to run for another office; therefore, a member who creates
a vacancy by resignation must resign irrevocably and cannot thereafter seek election to any part of
“the unexpired term” from which the member resigned;
WHEREAS, the City Commission wishes for the City’s voters to confirm the City
Commission’s understanding that, under the Charter, a member who resigns from their office cannot
thereafter seek election to any part of the same term of office from which the member resigned; and
WHEREAS, Florida Statutes § 166.031(1) states in pertinent part, “The governing body of a
municipality may, by ordinance…submit to the electors of said municipality a proposed amendment
to its charter …. The governing body of the municipality shall place the proposed amendment
contained in the ordinance…to a vote of the electors at the next general election held within the
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municipality or at a special election called for such purpose.” Further, § 166.031(3) states, “A
municipality may amend its charter pursuant to this section notwithstanding any charter provisions to
the contrary,” and
WHEREAS, pursuant to Florida Statutes § 166.031, the City Commission conducted
advertised public hearings and has adopted this Ordinance to submit the proposed Charter
amendments set forth herein to the voters at the next general city election after the effective date
of this Ordinance, on November 5, 2024 or as otherwise set by the City Commission; and
WHEREAS, Florida Statutes § 166.031(2) states, “Upon adoption of an amendment to the
charter of a municipality by a majority of the electors voting in a referendum upon such
amendment, the governing body of said municipality shall have the amendment incorporated into
the charter and shall file the revised charter with the Department of State. All such amendments
are effective on the date specified therein or as otherwise provided in the charter.”
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Recitals. The foregoing recitals are incorporated as if set forth at
length and are hereby made a part of this ordinance.
SECTION 2. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to its Home Rule and other powers set forth in Article
VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes, including Florida
Statutes §§ 166.021 and 166.031, as well as Chapter 5 of the City Code pertaining to elections and
C-13 and C-14 of the City Charter as “the legislative body of the city” to “adopt any ordinances.”
SECTION 3. Format of Proposed Amendments to the Charter. In the proposed
amendments to the Charter in the sections that follow, words that are stricken are deletions; words
5
that are underlined are additions; and stars (***) indicate omitted sections and subsections that do
not represent Charter amendments.
SECTION 4. Proposed Amendment to § C-9 of the Charter ([City
Commission] created, composition, designation, election generally):
4.1 Text of the Amendment. The City shall submit the following proposed amendment
to § C-9 of the Charter to the qualified electors of the City of Ocoee:
§ C-9. [City Commission] created, composition, designation,
election generally.
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
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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. The City Commission has the
authority to interpret and enforce the provisions of this Charter,
which shall be binding unless such interpretation and enforcement
is held by a court of competent jurisdiction, including after any
appeals, to be clearly erroneous, arbitrary, capricious, or otherwise
unconstitutional. 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.
4.2 Ballot Title and Questions. The ballot title and summary for the proposed
amendment to § C-9 of the Charter, set forth in Section 4 of this Ordinance, shall be set forth
below, and shall be followed by the words “yes” and “no”:
7
Question #1
AMENDMENT OF § C-9, OCOEE CITY CHARTER,
AUTHORIZING CITY COMMISSION TO INTERPRET AND
ENFORCE CHARTER.
Section C-9 of the City of Ocoee’s Charter shall be amended to
provide that the City Commission has authority to interpret and
enforce the City Charter subject to review of such decisions by a
court of competent jurisdiction.
Shall the above-described amendment be adopted?
___ YES
___ NO
SECTION 5. Proposed Amendment to § C-10 of the Charter (Judge of
qualifications):
5.1 Text of the Amendment. The City shall submit the following proposed
amendment to § C-10 of the Charter to the qualified electors of the City of Ocoee:
§ C-10. Judge of qualifications.
The City Commission shall be the judge of the qualifications and
eligibility of candidates for the City Commission, the election and
qualifications of its members, and of the grounds for forfeiture of
their office under this Charter. and f For that these purposes, the
City Commission has shall have, to the extent permitted by law, the
power to censure, subpoena witnesses, administer oaths, and require
the production of evidence, and establish procedural rules for
implementing this section and ensuring due process, including
reasonable notice to affected parties. A member charged with
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conduct constituting grounds for forfeiture of office shall be entitled
to a public hearing on demand. and notice of such a 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 a
courts of competent jurisdiction on a petition for writ of certiorari.
Nothing contained herein shall be construed to deprive any
candidate or 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.
5.2 Ballot Title and Questions. The ballot title and summary for the proposed
amendment to § C-10 of the Charter, set forth in Section 5 of this Ordinance, shall be set forth
below, and shall be followed by the words “yes” and “no”:
Question #2
AMENDMENT OF § C-10, OCOEE CITY CHARTER, TO
AUTHORIZE CITY COMMISSION TO JUDGE
CANDIDATE QUALIFICATIONS.
Section C-10 of the City of Ocoee’s Charter shall be amended to
provide that the City Commission has authority to judge the
qualifications and eligibility of candidates for the Commission,
establish procedural rules for C-10, including ensuring that notice
and due process is given to affected persons, and provide for review
of such decisions by a court of competent jurisdiction.
Shall the above-described amendment be adopted?
___ YES
___ NO
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SECTION 6. Proposed amendment to § C-17 of the Charter (Filling of
Vacancies)
6.1 Text of the Amendment. The City shall submit the following proposed
amendment to § C-17 of the Charter to the qualified electors of the City of Ocoee:
§ C-17. 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.
***
C. Filling of vacancies.
1. Interim Members. 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 tem serving as Mayor; such interim Commissioner shall
serve until such time as a Mayor is elected. The Mayor pro tem shall
thereafter resume representation of his their single-member district
for the remainder of the term.
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2. Successors. 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. A member who resigns from
their office cannot thereafter seek election to any part of the same
term of office from which the member resigned. 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.
6.2 Ballot Title and Questions. The ballot title and summary for the proposed amendment
to § C-10 of the Charter, set forth in Section 5 of this Ordinance, shall be set forth below, and shall
be followed by the words “yes” and “no”:
Question #3
AMENDMENT OF § C-17, OCOEE CITY CHARTER,
PRECLUDING RESIGNING MEMBER FROM ELECTION
TO SAME TERM
Section C-17 of the City of Ocoee’s Charter shall be amended to
state that a member of the City Commission who resigns cannot
thereafter seek election to any part of the same term of office from
which the member resigned.
Shall the above-described amendment be adopted?
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___ YES
___ NO
SECTION 7. Miscellaneous.
7.1 Codification & Corrections. If the Charter amendment provided for in this
Ordinance receives affirmative votes from the majority of the votes cast, such amendment shall be
incorporated into the Charter of the City of Ocoee. Any section, paragraph number, letter and/or
any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical,
typographical and similar like errors may be corrected, and additions, alterations, and omissions
not affecting the construction or meaning of this Ordinance or the Charter may be freely made.
In the event it becomes necessary, as determined by the City Commission, to make any
modification to any ballot question, ballot summary, or to remove a proposed charter amendment
from the ballot contained herein after adoption of this ordinance, the City Commission may make
such modification by resolution.
7.2 Directions to City Staff. City Staff, under direction of the City Manager, are
authorized to take such actions as are necessary and advisable to effect and carry out this Ordinance
and the Charter amendments and election provided for herein, including working with the Orange
County Supervisor of Elections to put the questions set forth herein on the ballot at the next general
city election after the effective date of this Ordinance, on November 5, 2024 or as otherwise set
by the City Commission. If the Charter is amended by a majority vote of the qualified electors of
the City, the City Clerk shall file a copy of the revised Charter with the Florida Department of
State in accordance with § 166.031(2), Florida Statutes.
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7.3 Severability. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is, for any reason, held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, severed, distinct, and independent provision,
and such holding shall not affect the validity of the remaining portions of this Ordinance.
7.4 Conflict. In the event of a conflict or conflicts between this Ordinance and any
other Ordinance or provision of law, this Ordinance controls to the extent of the conflict, as
allowable under the law.
7.5 Effective Date. This Ordinance shall become effective on March 20, 2024, or as
soon thereafter as this Ordinance is approved on a second reading. Any Charter amendment
provided for herein shall become effective immediately upon approval by the qualified voters of
the City of Ocoee and certification by the Orange County Supervisor of Elections or other
appropriate officer or entity.
PASSED AND ADOPTED this ___ day of __________, 2024.
ATTEST:
Melanie Sibbitt, City Clerk
(SEAL)
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Johnson, Mayor
ADVERTISED ___________________, 2024
READ FIRST TIME _______________,
2023.
READ SECOND TIME AND ADOPTED
_______________________________, 2024.
UNDER AGENDA ITEM NO. _______
13
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED
AS TO FORM AND LEGALITY
this ______ day of ______________, 2024.
FISHBACK DOMINICK
By:
Richard S. Geller
City Attorney
S:\AKA\CLIENTS\Ocoee, City of\Charter Review - Elections O164-27414\Ordinance to Amend C-9, C-10, and C-17\Ordinance for Ballot Qs Amending
C-9, C-10, and C-17 of the City Charter - rsg - 1 8 24.docx
FIRST INSERTIONCITY OF OCOEE
PUBLIC HEARING
A Public Hearing before the Ocoee City Commission will be held Tuesday, March
5, 2024 at 6:15 p.m. or as soon thereafter as may be heard, in the Commission
Chambers of City Hall at 1 North Bluford Avenue, Ocoee, Florida, to consider the
following ordinances:
AN ORDINANCE OF THE CITY OF OCOEE, ORANGE COUNTY,
FLORIDA, RELATING TO THE CITY BUDGET; AMENDING THE
CITY BUDGET ADOPTED BY ORDINANCE 2023-17 FOR THE FIS-
CAL YEAR BEGINNING OCTOBER 1, 2023 AND ENDING SEP-
TEMBER 30, 2024 BY PROVIDING FOR INCREASE OF APPRO-
PRIATIONS; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING
TO THE CITY OF OCOEE MUNICIPAL POLICE OFFICERS’ AND
FIREFIGHTERS’ RETIREMENT TRUST FUND; AMENDING OR-
DINANCE NUMBER 2010-019, AS SUBSEQUENTLY AMENDED;
AMENDING SECTION 27, DEFERRED RETIREMENT OPTION
PLAN; PROVIDING FOR SEVERABILITY OF PROVISIONS; RE-
PEALING ALL ORDINANCES IN CONFLICT HEREWITH AND
PROVIDING AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, PROPOS-
ING AMENDMENTS TO THE CITY OF OCOEE’S CHARTER PER-
TAINING TO:
(1) § C-9, TO CONFIRM OR ESTABLISH THAT THE CITY COM-
MISSION HAS AUTHORITY TO INTERPRET AND ENFORCE THE
PROVISIONS OF THE CHARTER, AND PROVIDING FOR JUDI-
CIAL REVIEW; AND
(2) § C-10, TO CONFIRM OR ESTABLISH THAT THE CITY COM-
MISSION HAS AUTHORITY TO INTERPRET AND ADJUDGE THE
QUALIFICATIONS AND ELIGIBILITY OF CANDIDATES FOR THE
COMMISSION, ESTABLISH PROCEDURAL RULES TO PROVIDE
NOTICE AND DUE PROCESS TO ANY AFFECTED PARTIES, AND
PROVIDE FOR JUDICIAL REVIEW; AND
(3) § C-17, TO CONFIRM THAT A COMMISSION MEMBER WHO
RESIGNS FROM THEIR OFFICE CANNOT THEREAFTER SEEK
ELECTION TO ANY PART OF THE SAME TERM OF OFFICE FROM
WHICH THE MEMBER RESIGNED; AND PROVIDING A FORM
OF BALLOT FOR THE PROPOSED AMENDMENTS AT THE NEXT
GENERAL CITY ELECTION AFTER THE EFFECTIVE DATE OF
THIS ORDINANCE, ON NOVEMBER 5, 2024 OR AS OTHERWISE
SET BY THE CITY COMMISSION; DIRECTING THE CITY CLERK
TO FILE THE REVISED CHARTER AS APPROVED BY THE VOT-
ERS WITH THE FLORIDA DEPARTMENT OF STATE; AND PRO-
VIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE
DATE.
All interested parties are invited to attend and be heard with respect to the above.
The Ocoee City Commission may continue the public hearing to other dates and
times, as it deems necessary. If a person decides to appeal any decision made by the
City Commission with respect to any matter considered at such hearing, they will
need a record of the proceedings, and for such purpose they may need to ensure
that a verbatim record of the proceedings is made, which record includes the tes-
timony and evidence upon which the appeal is to be based. In accordance with the
Americans with Disabilities Act, persons needing a special accommodation or an
interpreter to participate in this proceeding should contact the City Clerk’s office at
407-905-3105 at least two days prior to the date of hearing.
February 22, 2024 24-00644W