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HomeMy WebLinkAboutItem 03 Approval of Resolution Establishing the Qualifying Period City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: July 21, 2026 Item #: 3 Contact Name: Rick Geller Department Director: Contact Number: City Manager: Craig Shadrix Subject: Approval of Resolution Establishing the Qualifying Period for the Election to be Held in March 2027. (City Attorney Geller) Background Summary: On October 15, 2024, the City Commission adopted the candidate qualifying period for the offices of Mayor and City Commissioner, establishing the regular qualifying period as beginning at noon on the first Friday in December preceding the election and ending at noon on the second Friday in December preceding the election. The ordinance also authorizes the City Commission to establish, by resolution, an alternative five (5) business day qualifying period for a regular, special, or general election. Section C-10 of the Charter of the City of Ocoee provides that the City Commission is responsible for determining the qualifications and eligibility of candidates for the offices of Mayor and City Commissioner, as well as the election and qualifications of its members and any grounds for forfeiture of office under the Charter. In addition, Section C-11 requires that candidates for Mayor or City Commissioner have resided within the City for one (1) year, furnish proof of meeting the residency requirement as prescribed by ordinance, and consent to a background check to verify their qualifications to hold office. These Charter provisions ensure that all candidates satisfy the eligibility requirements before being qualified for the election. The Human Resources Director has advised that background checks may take up to four (4) business days to be completed after they are ordered. To allow sufficient time for staff to obtain and review the required background checks, and present the results to the City Commission prior to its regular meeting on December 15, 2026, staff recommends establishing an earlier qualifying period. The proposed qualifying period would begin at noon on Tuesday, December 1, 2026, and end at noon on Tuesday, December 8, 2026, for the March 2027 municipal election. Issue: Should the Honorable Mayor and City Commission adopt the Resolution establishing the qualifying period for the election to be held in March 2027? Recommendations: Staff recommends the Honorable Mayor and City Commission adopt the Resolution establishing the qualifying period for the election to be held in March 2027. Attachments: 1. Resolution Changing Qualifying Period City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Financial Impacts: None Type of Item: Consent RESOLUTION NO. 2026 - A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ESTABLISHING THE QUALIFYING PERIOD FOR CANDIDATES FOR THE OFFICES OF MAYOR AND CITY COMMISSIONER FOR THE ELECTION TO BE HELD IN MARCH 2027; AND PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 15, 2024, the City Commission thereupon adopted the qualifying period for the offices of Mayor and City Commissioner take place between noon on the first Friday in December preceding the election and ending at noon on the second Friday in December preceding the election, and allow the City Commission discretion to establish by resolution such other five (5) business day qualifying period for a regular, special, or general election; and WHEREAS, the City Commission may exercise any power for municipal purposes, except as expressly prohibited by law; and WHEREAS, § C-10 of the Charter of the City of Ocoee states, “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 the grounds for forfeiture of their office under this Charter”; and WHEREAS, § C-11 of the Charter of the City of Ocoee establishes a one-year residency requirement for eligibility to run as a candidate for mayor or city commissioner and further requires candidates to “furnish such proof of meeting the one (1) year residency requirement as may be prescribed by ordinance” and “consent to a background check to verify the candidate’s qualifications to hold office”; and WHEREAS, background checks may take up to four business days to receive after ordering them; and 2 WHEREAS, the City Commission finds it necessary and appropriate to establish, by resolution, an earlier qualifying period for the upcoming municipal election to ensure sufficient time for the City of Ocoee to order and receive the background checks required by § C-11 of the Charter before the regular City Commission meeting scheduled for December 15, 2026. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant to Section 5-3 of the Ocoee City Code, which states, “The City Commission may establish such other five business day qualifying period for a regular, special, or general election by resolution.” SECTION 2. Qualifying Date. The City Commission of the City of Ocoee hereby adopts the five business day qualifying period for candidates for the offices of Mayor and City Commissioner beginning at noon on Tuesday, December 1, 2026, and ending at noon on Tuesday, December 8, 2026, for the election to be held in March 2027. SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereto. SECTION 4. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this ____ day of ___________, 2026. 3 APPROVED: ATTEST: CITY OF OCOEE, FLORIDA _________________________________ Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) APPROVED BY THE OCOEE CITY COMMISSION ON JULY _____, 2026 UNDER AGENDA ITEM NO._________ FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this ____ day of _________________, 20____. FISHBACK DOMINICK By: __________________________ Richard Geller, City Attorney