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HomeMy WebLinkAboutItem 05 First Reading of an Ordinance Amending Section 5-3 of the Code of Ordinances City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: October 1, 2024 Item #: 5 Contact Name: Melanie Sibbitt Department Director: Melanie Sibbitt Contact Number: Ext. 1026 City Manager: Craig Shadrix Subject: First Reading of Ordinance Amending Section 5-3 of the Code of Ordinances for Qualification of Candidates. (City Clerk Sibbitt) Background Summary: Before the charter amendments were placed on the ballot, discussions at the June 20, 2023, Charter Review Commission (CRC) meeting between the Charter Review members and the Board Facilitator led to the proposal and approval of an ordinance to amend Section 5-3. This amendment requires a candidate to furnish proof of at least one-year of residency to the City Clerk, and for the City Commission to set the qualifying period for candidates to no time prior to 12:00 noon on the first Friday in December to no time later than 12:00 noon on the second Friday in December, prior to an election that shall take place in March, or such other five (5) business days established by the City Commission, by resolution, for a regular, special, or general election. Following further discussion and approval by the CRC, additional language was included to require all candidates for City government office to consent to a background check. The background check will be done to verify the candidate's residency and to establish that the candidate has not been convicted of any felony that would disqualify the candidate from holding office under Article VI, Section 4 of the Florida Constitution. These proposed procedures will be in addition to any other remedies under the law, including after any person assumes elective office. On March 19, 2024, the qualified voters of the City of Ocoee approved the amendments to Section C-11 of the City Charter (Eligibility, Residency Requirement and Proof), and approval of this proposed ordinance will streamline the procedures required for qualification of candidates. Issue: Should the Honorable Mayor and City Commissioners adopt the ordinance to amend Section 5-3 Qualification of Candidates of the City Code? Recommendations: Staff recommends the Honorable Mayor and City Commissioners adopt the ordinance to amend Section 5-3 Qualification of Candidates of the City Code. Attachments: 1. Ordinance 2. Business Impact Estimate City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Financial Impacts: None. Type of Item: First Reading 1 ORDINANCE NO. 2024-_________ AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING SECTION 5-3 OF THE CODE OF THE CITY OF OCOEE PERTAINING TO THE PROOF REQUIRED FOR MEETING THE ONE (1) YEAR RESIDENCY REQUIREMENT FOR CANDIDATES FOR THE OFFICES OF MAYOR AND CITY COMMISSIONER; ESTABLISHING THAT CANDIDATES MUST CONSENT TO A BACKGROUND CHECK TO VERIFY THEIR RESIDENCY AS REQUIRED BY THE CITY CHARTER AND QUALIFICATION TO HOLD OFFICE UNDER ARTICLE VI, § 4 OF THE FLORIDA CONSTITUTION; FOR ELECTIONS TO BE HELD IN MARCH, ESTABLISHING THE QUALIFYING PERIOD FOR CANDIDATES FOR THE OFFICES OF MAYOR AND CITY COMMISSIONER BETWEEN NOON ON THE FIRST FRIDAY IN DECEMBER UNTIL NOON ON THE SECOND FRIDAY IN DECEMBER; AND AUTHORIZING THE CITY COMMISSION TO SET ANY OTHER FIVE (5) BUSINESS DAY QUALIFYING PERIODS BY RESOLUTION. WHEREAS, the City of Ocoee (the "City") is vested with Home Rule authority pursuant to Article VIII, Section 2 of the Constitution of the State of Florida and Chapter 166, Florida Statutes to conduct municipal government, and exercise any power for municipal purposes except as otherwise prohibited by law; and WHEREAS, in an election held on March 19, 2024, the qualified voters of the City of Ocoee approved of amendments to § C-11 of the Ocoee City Charter (Eligibility, Residency Requirement and Proof), requiring that candidates for Mayor reside in the City for at least one (1) year before qualifying as a candidate, and that candidates for Commissioner reside in the district they seek to represent for at least one (1) year before qualifying as a candidate, and that the candidates should furnish to the City Clerk such proof of meeting the residency requirement as the City Commission may prescribe by ordinance; 2 WHEREAS, the City of Ocoee Charter Review Commission determined that it is preferable for qualified electors to vote on a successor to a Mayor or City Commissioner who has resigned to run for another office at the same election the resigning Mayor or City Commissioner is seeking the other office; however, a qualifying period in the January before the election does not allow sufficient time for notification and to hold a second qualifying period for candidates to run for the vacated office before the mailing of overseas and military ballots; WHEREAS, on July 20, 2023, the Charter Review Commission thereupon recommended that the usual qualifying period for the offices of Mayor and City Commissioner take place between noon on the first Friday in December before the election and ending at noon on the second Friday in December before the election, and allow the City Commission discretion to establish by resolution a second five (5) business day qualifying period to fill the vacancy for the same election, or for other purposes, including any requirements of the Orange County Supervisor of Elections; 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 herein and are hereby made a part of this ordinance. SECTION 2. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapter 166, Florida Statutes, and § C-49 of the Ocoee City Charter, which authorizes the City Commission to, by ordinance, provide for the conduct of elections and “election details.” 3 SECTION 3. Amendment to § 5-3 of the Code of the City of Ocoee (Qualification of candidates). Section 5-3 of the Code of the City of Ocoee is amended as follows: § 5-3. Qualification of candidates. A. All candidates for election to office in City government, including an incumbent, shall qualify with the City Clerk by filing, on such form as may be required by the City Clerk. The form shall qualification papers designate the office for which the person is a candidate and shall include a consent to a background check to verify the candidate’s compliance with the residency requirements of the City Charter. The background check shall also verify that the candidate has not been convicted of a felony that would disqualify the candidate from holding office under Article VI, § 4 of the Florida Constitution. A candidate’s signature on the form shall acknowledge an understanding that the results of a background check shall be made available to the City Manager, City Commission, and also will be made available to the members of the public upon request, in compliance with Chapter 119, Florida Statutes. Such qualification papers shall be accompanied by the qualifying fee provided for in § 5-4 of the City Code. B. A candidate for Mayor shall furnish to the City Clerk proof of at least one-year of residency in the City and a candidate for City Commissioner shall furnish to the City Clerk proof of at least one- year of residency in the District in which the candidate is running. 4 Such proof of residency shall consist of a statement sworn-to under penalty of perjury and further consist of a voter registration card, a government-issued photo identification card, and at least one (1) of the following: a deed, lease, utility bills, or other clear and convincing documentary proof. C. For an election that shall take place in March, such qualification papers shall be filed and the qualifying fee paid at any time after 12:00 noon on the day which is the first Friday in December prior to the date scheduled for the election five business days (excluding weekends and holidays) prior to the date which is 46 calendar days prior to the scheduled date of the regular municipal election of the year in which the election for such office is scheduled, but not later than 12:00 noon on the date which is the second Friday in December prior to the date scheduled for the election for such office. 46 calendar days prior to the scheduled date of the regular municipal election of the year in which the election for such office is scheduled The City Commission may establish such other five (5) business day qualifying period for a regular, special, or general election by resolution. Should the last day upon which said qualification papers may be filed fall on a weekend or another day upon which the City Clerk's office is not open for business, then the deadline for said person to file qualification papers shall be extended to 12:00 noon on the next day on which the City Clerk's office is open for business. 5 D. Upon receipt of the consent forms for the qualifying period, the City Clerk shall order a background check on all candidates for Mayor and City Commissioner with respect to each candidate’s residency in the City of Ocoee and any felony criminal background. E. The foregoing procedure is in addition to any other remedies under the law, including after any person assumes elective office. SECTION 4. Codification & Corrections. In codifying the foregoing amendment to § 5-3 of the Code 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 City Charter may be freely made. SECTION 5. Directions to City Staff. City Staff, including the City Clerk, under the direction of the City Manager, are directed and authorized to take such actions as are necessary and advisable to effect and carry out this Ordinance. SECTION 6. 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. SECTION 7. Conflict. In the event of a conflict or conflicts between this Ordinance and any other Ordinance or provision of law, this Ordinance controls to the extent of the conflict, as allowable under the law. SECTION 8. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. 6 PASSED AND ADOPTED this ___ day of __________, 2024. ATTEST: Melanie Sibbitt, City Clerk (SEAL) APPROVED: CITY OF OCOEE, FLORIDA Rusty Johnson, Mayor 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 ADVERTISED ___________________, 2024 READ FIRST TIME _______________, 2023. READ SECOND TIME AND ADOPTED _______________________________, 2024. UNDER AGENDA ITEM NO. _______ S:\AKA\CLIENTS\Ocoee, City of\Elections O164-27500\Ordinance Establishing Proof of Residency for Candidates\Ordinance Amending Sec. 5-3 of the City Code (Qualification of Candidates) (Post Amendment Approval) - rsg - 9 27 24.docx 1 City of Ocoee Business Impact Estimate Proposed ordinance’s title/reference: AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING SECTION 5-3 OF THE CODE OF THE CITY OF OCOEE PERTAINING TO THE PROOF REQUIRED FOR MEETING THE ONE (1) YEAR RESIDENCY REQUIREMENT FOR CANDIDATES FOR THE OFFICES OF MAYOR AND CITY COMMISSIONER; ESTABLISHING THAT CANDIDATES MUST CONSENT TO A BACKGROUND CHECK TO VERIFY THEIR RESIDENCY AS REQUIRED BY THE CITY CHARTER AND QUALIFICATION TO HOLD OFFICE UNDER ARTICLE VI, § 4 OF THE FLORIDA CONSTITUTION; FOR ELECTIONS TO BE HELD IN MARCH, ESTABLISHING THE QUALIFYING PERIOD FOR CANDIDATES FOR THE OFFICES OF MAYOR AND CITY COMMISSIONER BETWEEN NOON ON THE FIRST FRIDAY IN DECEMBER UNTIL NOON ON THE SECOND FRIDAY IN DECEMBER; AND AUTHORIZING THE CITY COMMISSION TO SET ANY OTHER FIVE (5) BUSINESS DAY QUALIFYING PERIODS BY RESOLUTION. This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1 See Section 166.041(4)(c), Florida Statutes. 2 1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): This ordinance pertains to proof required for meeting the one-year residence requirement for Mayor and City Commissioner candidates, as well as requiring candidates to give consent to a background check, and establishing a set qualifying period. 2. An estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the City of Ocoee, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur; N/A (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible; and N/A (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. N/A 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: None 4. Additional information the governing body deems useful (if any):