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HomeMy WebLinkAbout2024-05 Charter Amendments to Sections C-9, C-10, and C-17AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, PROPOSING i AMENDMENTS ! THE, CITY OF ! CHARTER CONFIRMaS THAT COMMISSION! TO INTERPRET AND ENFORCE THE PROVISIONS OF THE CHARTER, AND PROVIDING FOR JUDICIAL REVIEW; AND i TO CONFIRM OR ESTABLISHTHAT COMMISSION HAS AUTHORITY TO INTERPRET AND ADJUDGE THE QUALIFICATIONS 1 ELIGIBILITY OF CANDIDATES 'THE COMMISSION,ESTABLISH PROCEDURAL RULES TO PROVIDE I DUE PROCESS ! ANY AFFECTED PARTIES,1 PROVIDE FOR JUDICIAL REVIEW; AND CONFIRMA COMMISSION WHO RE SIGNS FROMTHEIR OFFICE CANNOT THEREAFTER SEEK ELL' CTION TO ANY PART OF THE SAME TERM OF !M WHICH THE, MEMBER RESIGNED;1 PROVIDING A FORM OF BALLOT FOR THE PROPOSED AMENDMENTS AT ELECTION AFTER DATE OF ORDINANCE, ON NOVE MBER 5,2024 OR AS OTHERWISE SET BY THE CITY COMMISSION; DIRECTING 1 BY VOTERSi 1• DEPARTMENT OF 1 PROVIDING FOR CONFLICTS, SEVE RABILITY,AND AN DATE. WHEREAS, Article V111, § 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 0 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 Chatter 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- 017123-0) 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 Chat -ter; 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 pail, "The successor to the office of Mayor or Commissioner shall be elected at the next general city -FJ 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"; and WHEREAS, Blaeks Law Dictionai3� (I Ot" 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, I 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 Chat -ter, 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 9 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 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 Chat -ter 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 § 166.03](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." 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 stfiek-m are deletions; words that are underlined are additions; and stars (***) indicate omitted sections and subsections that do not represent Charter amendments. SECTION 4. Proposed Amendment to § C-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 W 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. 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. 211 42 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": Question #1 AME, NDMENT OF § C-9, OCOEE CITY CHARTER, AUTHORIZING CITY COMMISSION TO INTERPRE T ►! EVFORCE 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 91 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 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 conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on demand. and notle-e- of sueh a the eity 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 st" me 43et--s fight 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. M 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 SECTION 6. Proposed amendment to § C-17 of the Charter (Filling of 6.1 Text of the Amendment. The City shall submit the following proposed amendment to § C-I 7 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 0J in the office of Mayor, the Mayor pro tem shall serve as an interim Mayor until the successor is elected. The City Commission shall appoint an interim Commissioner to fill the vacancy created by the Mayor pro tem serving as Mayor; such interim Commissioner shall serve until such time as a Mayor is elected. The Mayor pro tern shall thereafter resume representation of his their single -member district for the remainder of the term. 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. IN 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": W MW I MMIX AMENDMENT OF § C-17, OCOEE CITY CHARTER, PRE CLUDING 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? WE Kel 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 M 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 Chat -ter 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. 7.3 Severabili!yl. 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. M PASSED AND ADOPTED this —'—J'day of "WUY\ 2024. Melanie Sibbitt, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FVRM AND LEGALITY this 571� dayofj�JA,q-& 2024. By:Q�L,j A Richard S. Geller City Attorney APPROVED: CITY OF OCOEE, FLORIDA Rusty o is n �ayor ADVERTISED _&JjUaqj EZ, 2024 READ FIRST TIME Rhuturq-2-0, 2023. READ SECOND TIME AND ADOPTED )a YCh 5 52024. UNDER AGENDA ITEM NO. I I S:\AKA\CLIENTS\Ocoee, City of\Charter Review - Elections 0164-27414\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 - I 824,doex 13