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Home My WebLink About2026-11 - Establishing Procedural Rules to Challenge Candidates to the City Commission under Section C-10 and Section C-11 of the City CharterORDINANCE NO. 2026 - 11 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING CHAPTER 5, SECTION 3 OF THE CITY CODE TO ESTABLISH PROCEDURAL RULES IMPLEMENTING SECTION C-10 OF THE CITY CHARTER, UNDER WHICH THE CITY COMMISSION SHALL JUDGE WHETHER THE REQUIREMENTS FOR CANDIDATES FOR THE CITY COMMISSION HAVE BEEN MET; PROVIDING FOR POTENTIAL OBJECTIONS; ESTABLISHING PROCEDURES FOR AN EVIDENTIARY HEARING TO ENSURE DUE PROCESS, INCLUDING NOTICE TO AFFECTED PARTIES; PROVIDING FOR APPEALS; PROVIDING THAT NO PERSON SHALL BE BARRED FROM RUNNING FOR OFFICE ABSENT CLEAR AND CONVINCING EVIDENCE, IN ACCORDANCE WITH SECTION C-11 OF THE CITY CHARTER; PROVIDING FOR FORFEITURE -OF -OFFICE PROCEEDINGS; PROVIDING THAT THE PROCEDURES ESTABLISHED HEREIN ARE IN ADDITION TO ANY PROVIDED UNDER STATE LAW; PROVIDING FOR CONFLICTS, SEVERABILITY, AND CODIFICATION, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes § 100.3605 authorizes a municipal charter or ordinance to "govern the conduct of a municipality's election" except when in conflict with "any provision in the Florida Election Code that expressly applies to municipalities," Florida Statutes, chapters 97- 106; and WHEREAS, in accordance with the Florida Statutes § 100.3605 and the City's Home Rule authority, on March 11, 2024, the voters of the City of Ocoee approved of certain amendments to sections C-10 and C-11 of the Charter of the City of Ocoee governing the City's municipal elections that do not conflict with the Florida Election Code; 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-10 further authorizes the City Commission "to censure, subpoena witnesses, administer oaths, require the production of evidence, and establish procedural rules for implementing this section and ensuring due process, including reasonable notice to affected parties"; and WHEREAS, Board of Couno� Commissioners a Snyder, 627 So. 2d 469 (Fla. 1993), requires "certiorari review of decisions of a board acting in its quasi-judicial capacity'; and WHEREAS, § C-10 of the Charter of the City of Ocoee provides that, "[d]ecisions made by the City Commission under this section shall be subject to review by a court 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 due process under the Constitution and the laws of the United States and the State of Florida"; 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, the Florida Constitution, the Florida Statutes, the Charter and Code of the City of Ocoee, may contain other requirements for candidates; WHEREAS, § C-11 of the Charter of the City of Ocoee states, "No candidate shall be barred from running for office without notice, a hearing, and clear and convincing evidence that the candidate is not qualified to hold office." 0J WHEREAS, the City Commission intends for this Ordinance to implement procedures that operate in harmony with the Florida Election Code, including the right to an immediate hearing under Florida Statutes § 102.168, and all other applicable provisions of state law while fully preserving the City's Home Rule authority not expressly preempted by state statute; and WHEREAS, the City Commission further intends that this Ordinance safeguard and preserve all rights afforded to the City's candidates, qualified electors, and citizens under the City's Charter, the Florida Constitution, and applicable state law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing WHEREAS clauses are ratified and incorporated as the legislative intent of this Ordinance. Section 2. Code Amendment. That Chapter 5, Section 3 of the City of Ocoee Code of Ordinances is amended as follows (strike throug denote deletions and underlines denote additions): Y ' ti �. Challen1jes to Candidate Qualifications or Eligibility. 1. Determination of Candidate Qualifications and Eligibility. Before the first City Commission meeting after receipt of the background check reports on all candidates. the City Clerk shall furnish to the City Commission a list of the candidates together with all qualifyingpapers and the background check reports. The list of candidates shall be placed on the consent agenda for the City Commission's approval to appear on the ballot at the next municipal election. The City Commission may remove any candidate from the list in 3 accordance with the normal rules and procedures for removing items from the consent agenda. 2. Obiection to Candidacy. For any candidate removed from the consent agenda, the City Commission shall then determine, based on reasonable cause whether a quasi- judicial evidentiary hearing is necessary or appropriate to be scheduled to be able to make the determination as to such candidate or to restore the candidate to the list of candidates on the consent agenda. Reasonable cause, which shall be stated on the record may include but is not limited to: a. The failure to satisfy the one-year residency requirement ser forth in section C-11 of the City Charter; b. Failure to timely or properly submit the qualifying papers, oath of candidacy, financial disclosure, or the qualifying fee; C. Results of a background check required by Section C-11 of the City Charter that discloses a disqualifying condition, or the candidate's failure to consent to such background check; d. Conviction of a felony without restoration of civil rights; e. Failure to satisfy any age, citizenship, or other requirement to hold the office sought -,or f. Any other disqualifying condition expressly identified in the City Charter City Code, the Florida Statutes, and/or the Florida Constitution. Upon a majority vote finding reasonable cause, an evidentiary hearing shall be scheduled before the City Commission. Otherwise, the candidate's name shall be deemed restored to the list of candidates on the consent agenda and upon approval of the consent agenda shall appear on the ballot at the next municipal election. 3. Setting and noticing the hearing. If the City Commission determines that an evidentiary hearing is to occur, a hearing shall be set before the City Commission to judge whether the candidate meets the requirements specified in the City Charter City Code the Florida Constitution, and/or the Florida Statutes. The hearing shall be set under the procedures for emergency hearings or within such time as the candidate may request to prepare a defense, but no later than the next regularly scheduled city commission meeting or 30 days, whichever is later or within such time required to meet Orange County Supervisor of Elections deadlines. The City Clerk shall serve the candidate with a notice of hearing to the email address and mailing address provided in the candidate's qualifying papers. 4. Hearing Procedures. The City Commission shall be the judge of the qualifications and eligibility of candidates for the City Commission. The burden to establish whether the qualification and eligibility requirements are met is on the candidate. In addition to what the City Clerk provided to the City Commission for the candidate, the candidate may present such other evidence as the candidate desires, relevant to the City Commission's required determination, all to afford the candidate a meaningful opportunity to be heard. The procedures for the hearing are as follows: a. Upon request, the candidate shall have the righto present documentary evidence and witness testimony in the candidate's defense, to cross-examine any witness who appears and testifies at the hearing and to make a closing argument. b. Members of the public may testify to relevant facts. c. Members of the Commission may ask any witness questions relevant to the Commission's required determination. d. The rules of evidence in a court of law shall not apply and the City Commission may consider any evidence on which a reasonably prudent person would rely. e. A City Commission determination that a candidate does not meet the requirements to run for office must be based on clear and convincing evidence. f. Nothing in this section shall be construed to require the appearance of any witnesses or the production of any evidence beyond that which may be lawfully compelled. g. Any evidence to be presented to the City Commission shall be provided to the City Cleric at least three days before the hearing; provided however, the Maw shall have the authority to waive this requirement subject to being overruled by the City Commission. h. The hearing shall otherwise follow the City's quasi-judicial procedures. 5. Appeals. Any aggrieved person may ppeal the City Commission's quasi-judicial decision to a court of competent jurisdiction by petition for writ of certiorari. 6. Forfeiture of Office. For any forfeiture -of -office proceeding under the Charter, subsections 4.a through 4.h of this Ordinance shall applytpublic hearing except that the reference to "candidate" in subsection 4.a. shall be to "member of the City Commission," and in subsection 4.e the criteria for the member of the City Commission to forfeit office shall be based on clear and convincing evidence. F. The procedures set forth above are in addition to any iudicial process and remedies under the law and are not intended to limit the right of any person to seek an immediate hearing under section 102.168, Florida Statutes, or as otherwise authorized by the Florida Statutes before or after any person assumes elective office. Section 3. Conflicts. In the event of any conflict or inconsistency between this Ordinance and any other ordinance or provisions of law, this Ordinance controls to the extent of the conflict or inconsistency, as allowable under the law. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct independent, and severed provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. Codification. This Ordinance shall be codified in the Code of Ordinances of the City of Ocoee, Florida. Any section, paragraph number, subsection number, letter and/or heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and similar or like errors may be corrected, and additions, alterations, and omissions not affecting the construction or meaning of this ordinance of City Code may be made. Section 6. Effective Date. This Ordinance shall take effect immediately upon adoption. I % FIRST READING on the f day of 2026. PASSED AND ADOPTED this day of V, 2026. IFA I "- I j1L -0- Melanie Sibbitt, City Clerk (SEAL) WIN w w MIJUA 01 IMAM K111 are] this Z may of 7 V t,, 2026. �#�# �1111 .1 Rusty John *n,ayor APPROVED BY THE OCOEE CITY COMMISSION, ON \�A\� 2A 2026 ' — UNDER AGENDA I TEM N6.Q' FISHBACK DOMINICK By: Richard . Geller, City Attorney S:\AKA\CLIENTS\Ocoee, City offlections 0164-27500\Election Challenges\0rdinance re Challenges to Candidates - ( KAR rev) (to Incorporate AKA and RSG rev) (6 8 26) (CLEAN).docx 91