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Home My WebLink About2024-32 Amending Section 5-3 of the Code of Ordinances for Qualification of CandidatesWHEREAS, 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-II 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; 1 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.AyLhority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article V111 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." 2 SECTION 3. Amendinen fication 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 qual-r .... ea ion 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 eomliance with the residency requirements of the City Charter, The background check shall also verifythat the candidate has not been convicted of a felony that would disqualify the candidate from holding office under Article Vl§ 4 of the Florida Constitution. A candidate's signature on the form shall acicnowlede an iulderstandillg 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 Chapter119, 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 fo r City Commissioner shall furnish to the City pr oof roof of at least one- year of residency in the District in which the candidate is running. 3 Such praaf of residency shall consist of a statement sworn -to under penalty iaoverni-rient-issued photo identification card, and at least one_(1) of the following: a deed, lease utility bills, or other clear and convincingdocumentaryproof. 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 (exel prior to seheduled date of the regular rntmicipal eleetion of the hieh th- tion fr ejeeo„ph ee 4S . he a, but not later year in w-s---- offiI than 12:00 noon on the date which is the second Friday i December prior to the date scheduled for the election for such office. The City Commission may establish such other five is sehedule (5) business day qualifying�aeriod 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--anoth-er 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 4 extended to 12:00 noon on the next day on which the City Clerk's office is open for business. D. Upon receipt of the consent forms for the qualifyin _� period. the City Clerk shall order abacicground check on I 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, Linder 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. I 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. PASSED AND ADOPTED this y of _L�, 2024. Melanie Sibbitt, City Clerk (SEAL) all) I'll of 0 F140 FISHBACK DOMINICK-'—-,, bA By. Richard S. Geller City Attorney APPROVED: CITY OF OCOEE, FLORIDA Z�& Rusty Jo son ayor ADVERTISED kYb r' 3 2024 READ FIRST TIME 2021.1 READ SECOND TIME AND ADOPTED bdPbLK I S_ , 2024. UNDER AGENDA ITEM NO. —I I S:\AKA\CLIENTS\Ococe, City oftElections 0164-27500\0rdinance Establishing Proof of Residency for Candidates\0rdinance Amending Sec. 5-3 of the City Code (Qualification of Candidates) (Post Amendment Approval) - rs.- - 9 27 24.doex 6