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HomeMy WebLinkAboutItem #18 Discussion on Charter Review Commission Report AGENDA ITEM COVER SHEET Meeting Date: April 21,2009 Item # \ ~ Reviewed By: Department Director: City Manager: Subject: Report to the City Commission from the Charter Review Commission for Suggested Changes to the City Charter. Beth Eikenberry Ext. 1022 Contact Name: Contact Number: Background Summary: Pursuant to Section C-60 of the City of Ocoee City Charter, a Charter Review Commission shall be appointed no less than once every ten years and shall submit a report to the City Commission. Section C-62 states .. Within two (2) months of the receipt of any such report, the City Commission shall accept or reject the recommendations contained therein, or the City Commission may send such report back to the Charter Review Commission for further study and consideration. Any proposed Charter amendments accepted by the City Commission shall be adopted by ordinance and submitted to the electors of the city for consideration no later than the next general municipal election or at a special election called by the City Commission for such purposes. " The Charter Review Commission held numerous meetings between April - December 2008 and accomplished the following: . reviewed the City Charter in its entirety . researched other City Charters as well as a Model City Charter from the National Civic League . held a Public Hearing to receive public input . held a Joint Meeting with the City Commission . sought opinions from staff and outside agencies with expertise in various areas . had a red-lined version of the Charter prepared by the City Attorney which demonstrates the suggested changes Issue: On December 2, 2008 this report was presented to the Commission. At the request of the Mayor, review of this report was delayed until an Attorney General Opinion could be sought with respect to Section C-20, Duties of the Mayor. That Opinion was received and it has been requested that Report of the Charter Review Commission be placed back on the agenda for consideration. Recommendations The Charter Review Commission respectfully requests that the Mayor and City Commission approve the attached Charter revisions, to be adopted by ordinance, for inclusion on the March 2009 Referendum ballot. Attachments: Report of the Charter Review Commission with City ofOcoee Charter, red-lined Attorney General Opinion Financial Impact: none Type of Item: (please mark with an "x'?' Public Hearing Ordinance First Reading Ordinance Second Reading Resolution X Commission Approval Discussion & Direction For Clerk's Deat Use: Consent Agenda Public Hearing Regular Agenda x Original Document/Contract Attached for Execution by City Clerk ~ Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by 0 N/A N/A N/A REPORT of the CHARTER REVIEW COMMISSION Presented to Mayor and City Commission December 2, 2008 Agenda Item # 11 The Charter Review Commission held numerous meetings between April and November 2008. The Commission researched Charters from three surrounding municipalities/counties and a Model City Charter as updated by the National Civic League. Additionally, when portions of the Charter required more detailed expertise, the Charter Review Commission sought opinions and testimony of the Supervisor of Elections, Department Directors, and the City Commission. All meetings were open to the public, however an advertised Public Hearing was held on June 11, 2008 to receive input from the residents of Ocoee. That attached red lined version of the Ocoee City Charter is the result of the Charter Review Commission's findings and recommendations. There were minor changes with housekeeping, and consistency issues and some section titles were changed to better suit the paragraph beneath it, but a summary of the substantial recommended changes are as follows: Paae 3: a Preamble has been added Paae 10. Section C-9; change in how the Mayor pro tem is elected Paae 10. Section C-10: power to censure has been added Paoe 11. Section C-13; form of contact for emergency meetings has been changed to ensure personal contact with each Commissioner. Paoe 12. Section C-17(c); timeline for filling vacancies by form of election has been extended in line with realistic election timelines. Paoe 13-16. Section C-19; Initiative and Referendum section completely revised and simplified. Paoe 16. Section C-20, Duties of the Mayor; section revised to remove "emergency powers" and defer to the Comprehensive Emergency Management Plan update procedures for times of insurrection, general conflagrations, catastrophe, or great widespread public emergency. Paoe 17. Section C-22 (a); language changed with regard to the termination of the City Manager. Paae 24. Section C-37: change time from allowing the entire budget schedule (workshops and Public Hearings) to be printed in one advertisement. Public Hearings are also subject to TRIM advertising laws. Paoe 26. Section C-45: change recommended to four-year terms which would create an election every other year and allow the City to piggyback off of the County during Presidential election years. Paoe 27. Section C-46: change in general election rules to allow a Mayor and Commissioners to be elected by the "most" votes, no longer requiring a majority vote (50% plus1) or run-ff election. Paae 28. Section C-50; change in the makeup of the Canvassing Board to three residents and adding a provision allowing consideration, by adopted resolution, that the County canvass absentee ballots in years where piggyback elections are held. Paoe 30. Section C-59; change in membership of Charter Review Commission allowing for two alternate members. Paae 31. Section C-61 and C-62: revised to allow the recommendations of the Charter Review Board to go to referendum without the approval of the City Commission. ORLA_ 1108328.11108328 4 CHARTER PREAMBLE ARTICLE I Creation and Existence of Municipality ~ C-l. Municipality incorporated. ~ C-2. Title, rights, etc., vested in municipality. ~ C-3. Existing obligations not impaired. ~ C-4. Continuation of officers and ordinances. ~ C-5. Perpetual existence. ~ C-6. Corporate boundaries. ~ C-7. Extension of corporate boundaries. ARTICLE II Powers of the City ~ C-8. Powers of the city. ARTICLE III City Commission ~ C-9. Created; composition, designation, election generally. ~ C-I0. Judge of qualifications. . ~ C-ll. Eligibility. ~ C-12. Prohibitions. ~ C-13. Regular and special meetings; meetings and records open to public; rules and order of business; record of proceedings. ~ C-14. Quorum; necessary vote for adoption of ordinances and resolutions; roll call. ~ C-15. Absence from meetings. ~ C-16. CompensationSalarv; expenses. ~ C-17 . Vacancies; forfeiture of office; filling of vacancies. ~ C-18. Independent audit. ~ C-19. Initiative and referendum. ~ C-20. Duties and emergeney powers of the Mayor. ARTICLE IV City Manager ~ C-21. Appointment; qualifications; compensation. ~ C-22. Termination. ~ C-23. Acting City Manager. ~ C-24. Powers and duties of City Manager. ORLA_ 1108328.11108328 4 ARTICLE V Administrative Departments ~ C-25. General provisions. ~ C-26. City Attorney. ~ C-27. Oath required; form. ~ C-28. City Clerk. ~ C-29. City Prosecutor. ~ C-30. Personnel systemBoard. ARTICLE VI Financial Procedures ~ C-31. Fiscal year. ~ C-32. Submission of budget and budget message. ~ C-33. Budget message. ~ C-34. Budget. ~ C-35. Balanced budget. ~ C-36. Capital program. ~ C-37. Adoption of budget. ~ C-38. Amendments after adoption. ~ C-39. Lapse of appropriations. ~ C-40. Depositories of city fund. ~ C-41. Accurate accounts of money to be kept. ~ C-42. Expend or contract to expend money. ~ C-43. Investment of surplus funds. ARTICLE VII Nominations and Elections ~ C-44. Identification of City Commissioner. ~ C-45. Election dates and terms of office. ~ C-46. General election rules. ~ C-47. Qualifications of electors. ~ C-48. Registration of electors. ~ C-49. Conduct of elections. ~ C-50. Certification of results; canvass of returns; notification of successful candidates. ~ C-51. Names on ballots. ~ C-52. Ballots for ordinances and Charter amendments. ARTICLE VIII Levy of Taxes and Issuance of Bonds ~ C-53. Power of city to levy taxes; maximum levy. ~ C-54. General obligation bonds. ~ C-55. Powers declared additional to state law. ORLA 1108328.11108328 4 ARTICLE IX General Provisions ~ C-56. Personal financial interest. ~ C-57. Construction of Charter. ~ C-58. Severability of provisions. ARTICLE X Charter Review Commission ~ C-59. Appointment of members. ~ C-60. Removal; vacancies. ~ C-61. Powers and duties. ~ C (;2. Recommendations to the City Commission. S C-62. rRenealedl ~ C-63. Officers. ~ C-64. Expenses. ARTICLE XI Single-Member Districts ~ C-65. Number of districts. ~ C-66. Establishment of Districting Commission. ~ C-67. Date of adoption of initial districts. ~ C-68. Representation of districts. ~ C-69. District residency requirements. ~ C-70. Annexed territory. ~ C-71. Redistricting. [HISTORY: Printed as amended in its entirety by the City Commission of the City of Ocoee 9-20-1988 by Ord. No. 88-27. Subsequent amendments noted where applicable. ] GENERAL REFERENCES Elections -- See Ch. 5. City Commission meetings -- See Ch, 11. PREAMBLE We the oeoDle of the City of Ocoee. Florida. under the constitutions and laws of the United States of America and the State of Florida. in order to orovide the benefits of local Q.overnment resDonsive to the will and values of our citizens. do hereby adoDt and ratify this charter to define the Dowers and structure of our Q.overnment. By this action. we secure the benefits of home rule and affirm the values of reoresentative democracy. Drofessional manaQ.ement. stronQ. Dolitical leadershiD. citizen DarticiDation. and reQ.ional ORLA_11 08328.111 083284 cooDeration. We believe in an oDen. resDonsive Qovernment that abides bv the hilIhest ethical standards and ODerates as a careful steward of the human. fiscal and natural resources of our citv. ARTICLE I Creation and Existence of Municipality ~ C-l. Municipality incorporated. The existing municipality of the City of Ocoee, in the County of Orange, incorporated under the laws of Florida, be and the same is hereby declared to be in all respects a legally incorporated city with all the powers incident thereto under the laws of Florida (hereinafter referred to as !.!.::the city!.!.: or !.!.::the City of Ocoee!.!.J. ~ C-2. Title, rights, etc., vested in municipality. The title, rights and ownership of property, uncollected taxes, dues, claims, judgments, decrees and choses in action held and owned by the city shall remain vested in the municipal corporation organized and created under and by this Charter. ~ C-3. Existing obligations not impaired. No obligation or contract of the City of Ocoee, including bonds heretofore issued, shall be impaired or avoided by this Charter, but such debts and obligations shall remain binding upon the city. ~ C-4. Continuation of officers and ordinances. All officers heretofore elected or appointed and holding office under the city shall continue to hold their respective offices and to discharge their duties until their successors are selected or until otherwise provided by ordinance, and all existing ordinances of the city not in conflict with the provisions of this Charter shall continue in effect and unimpaired until repealed, amended or modified. ~ C-5. Perpetual existence. The City of Ocoee, Orange County, Florida, shall have perpetual existence. ~ C-6. Corporate boundaries. The boundaries which shall be included in the territory of the City of Ocoee shall be as follows: See Addendum A attached hereto 1 and by this reference made a part hereof. 1 Editor's Note: Addendum A is on file in the city offices, where it may be inspected during regular office hours. ORLA 1108328.111083284 ~ C-7. Extension of corporate boundaries. The boundaries which shall be included in the territory of the City of Ocoee shall include all lands heretofore or hereafter annexed into the city in accordance with the laws of Florida. ARTICLE II Powers of the City ~ C-8. Powers of the city. The City of Ocoee shall have all governmental, corporate and proprietary powers and all other powers possible for a city to have under the Constitution and the laws of Florida as fully and completely as though they were specifically enumerated in this Charter. Except as otherwise provided herein, the following powers of the city shall be construed liberally and in favor of the city, and the specific mention of particular powers in the Charter shall not be construed as limiting, in any way, the powers granted to the city under the Constitution and the laws of Florida: A. Municipal buildings and facilities. To make and maintain all buildings and facilities necessary and appropriate for the use of the city and to acquire all land, rights and easements necessary for such buildings. B. Property rights. To purchase, lease, acquire by eminent domain or otherwise obtain, receive and hold property or any interest in property, whether real, personal or intangible, for such municipal or other public purposes as the City Commission may, by ordinance or otherwise, deem necessary and proper; to sell, lease or otherwise dispose of said property for the benefit of the city to the same extent that natural persons might or could do, except as otherwise provided herein. (1) When any proposal for the acquisition of real property, either by purchase or lease, shall receive a majority vote of the members of the City Commission and the cost of such proposed acquisition exceeds one million dollars ($1,000,000.), inclusive of state and federal grants, such action shall not be effective unless it has been acted upon by the City Commission after a public hearing preceded by at least seven (7) days' notice of the hearing and the proposed action by publication in a newspaper of general circulation in the City of Ocoee. (2) When any proposal for the disposition of real property owned by the city, either by sale or by lease for a term exceeding five (5) years, shall receive a majority vote of the members of the City ORLA 11 01lJ28.111 083284 Commission and the fair market value of the real property concerned exceeds one hundred thousand dollars ($100,000.100.000.00), such action shall not be effective unless it has been acted upon by the City Commission after a public hearing preceded by at least seven (7) days' notice of the hearing and the proposed action by publication in the manner set forth above. (3) The City Commission shall not approve the sale, lease or other alienation of real property owned by the city for a price or rental below the city's estimate of the fair market value or fair rental value thereof, except in cases where specific good cause is shown and in cases involving alienation to another public agency. (4) No piece of real property shall be divided for the purpose of evading this subsection. (5) All leases, sales, purchases and contracts for leases, sales and purchases of real property heretofore made by the city or any agency or commission of the city are hereby ratified and confirmed. (6) Nothing in this subsection shall apply to the acquisition of real property by eminent domain occurring prior to, contemporaneous with or subsequent to the effective date of this subsection. C. Boards, commissions and committees. To create and appoint boards, commissions and committees to advise and assist the city in carrying out municipal functions. D. Police, fire and sanitary. To provide police, fire, sanitary and similar protection and services; to exercise police powers and to protect and preserve peace and order within the city; and to impose such penalties and/or imprisonment for the violation of any ordinance as may be permitted by law. E. Purchases and sales. To provide rules and regulations for all purchases and sales made for and on behalf of the city. F. Civil service and pensions. To establish and regulate civil service, pension and insurance plans, hospitalization, death and other benefits for city employees in accordance with the laws of Florida. G. Financial authorities. To expend the money of the city for all lawful municipal purposes and to borrow money for all lawful municipal purposes. When any proposal for the borrowing of money in any manner, except through a leasing arrangement, shall receive a majority vote of the ORLA 1108328.11108328 4 members of the City Commission and the amount to be borrowed exceeds one hundred thousand dollars ($100,000. 1 00.000.00), such action shall not be effective unless it has been acted upon by the City Commission after a public hearing preceded by at least seven (7) days' notice of the hearing and the proposed action by publication in a newspaper of general circulation in the City of Ocoee. The City Commission shall have the right to waive the notice requirement hereunder by affirmative vote of a majority of the members of the City Commission present and voting, provided that the City Commission determines that circumstances surrounding the borrowing of money constitute an emergency which requires immediate action by the City Commission. H. Franchises. To grant exclusive and nonexclusive franchises and privileges in the city but only after a public hearing preceded by at least thirty (30) days' notice of the hearing and the proposed action by publication once a week for four (4) consecutive weeks in a newspaper of general circulation in the City of Ocoee. I. Bonds. To issue certificates of indebtedness, revenue bonds or assessment bonds; to pay all or part of the cost of the acquisition, construction, reconstruction, extension, repair, improvement, maintenance or operation of any city project or combination of projects; to provide for any facility, service or other activity of the city; to provide for the retirement or refunding of any bonds or obligations of the city or for any combination of the foregoing purposes. 1. Lakes, ponds and rivers. To regulate, control and restrict the use of or drainage into lakes, ponds, rivers, streams and other watercourses and adjacent wetlands and uplands within the city. K. Alcoholic beverages. To the extent permitted by law, to regulate, restrict and control the manufacture, transportation, possession and sale of alcoholic beverages within the city. L. Nuisances. To declare what shall constitute a nuisance, prevent the same and authorize the removal thereof. M. Transportation. To the extent permitted by law, to regulate the services to be rendered and rates to be charged by buses, cabs and other vehicles for the carrying of passengers and baggage and to own, acquire and operate common, private or contract carriers and other transportation facilities and devices, whether now or hereafter invented or developed. N. Taxation. Except to the extent expressly prohibited by the laws of Florida, to assess, levy and collect taxes for all municipal purposes upon all businesses, property, privileges and professions and to establish special ORLA_11 08328.111 083284 taxing districts or assessment areas encompassing all or a portion of the city. O. Condemnation of buildings. To condemn and remove, cause to be removed, order to be demolished and removed or to be put in a state of sound repair any and all dilapidated, unsanitary or unsafe buildings or structures and to provide and enforce by ordinance a penalty for the failure to do so. P. Buildings and structures. To regulate the construction, alteration, maintenance, repair, equipment, occupancy, location, removal and demolition of every building or structure and any appurtenances connected or attached to such buildings or structures and to exercise all powers and all other municipal and legislative enactments in favor of the city pertaining to building regulation. Q. Maintenance of private property. To require all lands, property, lots, bodies of water and other premises within the city to be kept clean, sanitary and free from excessive weed growth or to make them so at the expense of the owner by assessing the cost against the property; to establish by ordinance that the assessment will be a lien on the property until discharged by payment. [Amended 1-5-1999 by Ord. No. 99-071] 1 Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-9-1999. Said ordinance also provided for an effective date of 6-1- 1999. R. Industry control. To regulate, restrain or prevent any industry which is dangerous or so obnoxious as to constitute a nuisance. S. Beautification of public lands. To regulate and beautify the streets, parks and public thoroughfares of the city and to regulate and restrict the construction and location of signs, signboards, billboards, placards and handbills. T. Compliance with city requirements prerequisite to subdivision. To require any subdivider to conform to requirements of the city for the design of any subdivision and for the construction and maintenance of roadways, sidewalks, recreation areas, utility easements, sewage disposal services, drainage facilities, including retention and detention ponds, and area of lots and blocks and such other regulations as may be provided to protect the public health, safety and welfare; and the city may require, before the approval and adoption of any subdivision plat, that the owner of the lands included within such plat enter into a bond with the City of Ocoee, executed by a licensed surety company in the State of Florida, as surety in ORLA_ 11 O!lJ2!l.111 08328 4 a sufficient sum to insure the provisions of this Charter and any ordinances adopted by the City Commission are complied with. U. License taxes. To levy, impose and collect license taxes upon all occupations and privileges to the extent not otherwise prohibited under the laws of Florida and to provide by ordinance penalties for failure or refusal to pay such license taxes; to provide by ordinance that all such license taxes so imposed shall constitute a legal indebtedness to the city and shall constitute a lien on all property of the debtor and may be recovered in any court of competent jurisdiction, along with penalties, reasonable costs and the city's fees, including attorney's fees, and no property of such debtor shall be exempt from sale for such indebtedness except as otherwise provided under the laws of Florida. V. Public services and utilities. To the extent permitted by law, the city may construct, acquire, furnish, operate and maintain any and all local public services and utilities and levy charges for the use of such services and utilities. W. Public works. To exercise all powers with reference to municipal public works as set forth under the laws of Florida. X. Recreational facilities. To establish a system of public recreation and to set aside any lands or buildings owned or leased by the city for recreational purposes; to charge reasonable fees and deposits for access to any such facilities or activities. Y. Advertising. To advertise and promote the interests of the city and its residents through legitimate and recognized means. Z. Conservation. To designate, set aside and maintain lands and areas within the city as conservation areas or bird and wildlife sanctuaries; to stock such areas with animal and plant life and to stock water areas with fish and other aquatic life; to promulgate and enforce rules and regulations with respect thereto and to protect and preserve the natural beauty thereof; and to do all acts necessary or desirable in order to qualify such lands and areas as conservation areas and sanctuaries under any of the laws of Florida or under federal law. AA. Sewer and water systems. To own, acquire, construct, reconstruct, equip, operate, maintain, extend, improve and regulate the water systems (includim! reclaimed water svstems), sewer systems or combined water and sewer systems; to levy and collect fees for the use of such systems; to exercise all powers derived from other municipal and legislative enactments in favor of the city pertaining to the sewage and water systems. ORLA_11 08328.111 083284 BB. Drainage and flood control. To own, acquire, construct, reconstruct, equip, operate, maintain, extend and improve drainage, reclamation, irrigation, water and flood control and erosion control works and facilities of every nature and kind, including, without limitation, canals, ditches, drains, drainage wells, dikes, levees, pumps, plants, sluiceways, floodways, drainage holding basins and other works, machinery, plants and facilities for use in connection therewith. CC. Cemeteries, mausoleums and crematories. To own, acquire, operate and maintain cemeteries, mausoleums and crematories and otherwise provide for the burial of the dead. DD. Fees for services. To offer and furnish the city's facilities and services to persons, firms, corporations, political subdivisions and other public or private agencies or bodies and to collect fees, rentals and other charges for such facilities and services. EE. Roads. To regulate vehicular and pedestrian traffic and the use of roads, streets, alleys and other public places. FF. Cooperative agreements. To enter into cooperative, intergovernmental agreements concerning the exercise of any powers and authorities of the city provided for in this Charter or under the Constitution and the laws of Florida. Without limitation on the foregoing, the city may receive assistance from and exercise all of its powers jointly or in cooperation with the federal government, the state and other units of local government and may undertake and finance any of the projects provided for under this Charter or under law, in whole or in part, jointly with any municipality now existing or hereafter created or in any other manner combine the projects of the city with projects of another municipality on such terms and conditions as the city may approve. To the extent permitted by law, the provisions of this Charter and all of the rights, powers and privileges of the city under law with respect to city projects shall be applicable to such joint or common projects. GG. Preservation of lakes and waterways. To preserve and maintain the lakes and waterways; to herbicide, harvest and sell, chemicalize or control, abate and eliminate by any biological, mechanical or other means lake weeds, hyacinths or other growths that impair recreational and aesthetic uses; to levy special tax assessments on lakefront property owners; to tax generally and specially; and to establish special taxing districts to accomplish the above. HH. Zoning. To create and establish a City Planning and or Zoning Commission; to regulate the construction of all buildings; to exercise all ORLA 11011328.111083284 powers with reference to' municipal zoning as set forth under the laws of Florida. ARTICLE III City Commission ~ C-9. Created; composition, designation, election generally. [Amended 9-20-1988 by Ord. No. 88-28] 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 Temoro 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 TemDfo tem shall be elected from among the Commissioners by the City Commission but shall continue to represent the district in which such Commissioner resides. The Mayor Pre +emoro tem shall be elected at the first City Commission meeting following the swearing in ofthe candidates elected at each general city election (unless there is a runoff election, in \vhich casc thc Mayor Pro Tem shall be elected at the first City Commission meeting following the sV/earing in of the candidates elected at such runoff election) and shall serve as Mayor Pro TemDfo 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. 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. ~ C-I0. Judge of qualifications. The City Commission shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office and for that purpose shall have, to the extent permitted by law, power to censure. subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in a newspaper of general circulation in the city 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 courts. Nothing contained herein shall be construed to deprive any member of the City Commission of such member's right to due process under the Constitution and the laws of the United States and the State of Florida. ~ C-ll. Eligibility. [Amended 9-20-1988 by Ord. No. 88-28] ORLA_11 08J211.111 083284 Only qualified electors of the city shall be eligible to qualify for and to hold the offices of Mayor and Commissioner. Each candidate for the office of Mayor shall, at the time of qualifying as a candidate for such office, be a bona fide resident of the city. The Mayor shall, during the entire term of office, be a bona fide resident of the city. Each candidate for the office of Commissioner shall, at the time of qualifying as a candidate for such office, be a bona fide resident of the single-member district which such candidate seeks to represent. Each Commissioner shall, during the entire term of office, be a bona fide resident of the single-member district which such Commissioner represents. ~ C-12. Prohibitions. A. Holding other offices. Except where authorized by law, no member of the City Commission shall, while being a member of the City Commission, hold any other office, whether such office be federal, state, county or municipal, or hold any other employment with the City of Ocoee. No former member of the City Commission shall hold any compensated appointive city office or employment until one (1) year after the expiration of such member's term or the vacating of such member's office. B. Appointments and removals. Except as otherwise provided in this Charter or under the laws of Florida and except for inquiries and investigations into the affairs of the city, no member of the City Commission shall in any way deal with or dictate the appointment or removal of any city officers or employees who are subject to the supervision or control of the City Manager, or any subordinates of the City Manager, or who the City Manager, or any subordinates of the City Manager, is empowered to appoint; provided, however, that each member of the City Commission shall be entitled to express such member's views pertaining to the appointment and removal of such officers and employees and to fully and freely discuss those views with the City Manager. C. Influencing votes or political aid. No member of the City Commission shall attempt to influence the vote of any other member by promising anything of value to such other member for the purpose of gaining political aid or influencing votes. ~ C-13. Regular and special meetings; meetings and records open to public; rules and order of business; record of proceedings. The City Commission shall meet at the usual place for holding the meetings of the legislative body of the city and at such times as may be prescribed by ordinance or resolution, except that it must meet regularly at least once each month. An agenda of all items wherein City Commission action may be required shall be prepared by the City Manager or the City Manager's designee for all regular and special City Commission ORLA_ ~ 11083284 meetings; provided, however, that any member of the City Commission may direct the City Manager to place items on the agenda for action or discussion by the City Commission. Such agenda shall be made available to the public at least twenty-four (24) hours prior to all regular and special City Commission meetings. Only matters on the agenda or matters of an emergency nature may be acted upon by the City Commission. The Mayor alone shall have the power to declare what shall constitute an emergency matter; provided, however, that such power shall not in any way be used for the purpose of evading the requirements of this section. Any member of the City Commission may call special meetings of the City Commission upon at least twenty-four (24) hours' notice to the public and at least twenty-four (24) hours' written notice to each member of the City Commission, ser':edcontacted personally or left at their usual place of business. The notice requirement to the members of the City Commission shall be deemed satisfied if a waiver of notice is signed by all members of the City Commission or if all members are present at roll call. The Mayor or Mayor Pro TemDfo tem may, to the extent permitted by law, call emergency sessions upon such notice as may be appropriate and effective under the circumstances. Except as otherwise provided under the laws of Florida, all meetings of the City Commission and all committees thereof shall be public, and any citizen shall have access to the minutes and records thereof at all reasonable times. The City Commission shall determine its own rules and order of business and shall keep a record of its proceedings. ~ C-14. Quorum; necessary vote for adoption of ordinances and resolutions; roll call. A majority of all members of the City Commission shall constitute a quorum, but a lesseflesser number may adjourn from day to day. Except as otherwise provided under the laws of Florida, all members of the City Commission shall have the right to vote on all ordinances, resolutions and other matters coming before the City Commission for action. The affirmative vote of a majority of all members of the City Commission shall be necessary to adopt any ordinance or resolution. The vote of each member of the City Commission shall be recorded and entered in the minutes. ~ C-1S. Absence from meetings. Absence from four (4) consecutive regular meetings of the City Commission shall vacate the seat of the member absent, unless such absence is excused by the City Commission by resolution setting forth the fact of such excuse duly entered in the minutes. ~ C-16. CompensationSalarv; expenses. The City Commission may determine the annual salary of the Mayor, the Mayor Pro Temoro tem and the Commissioners by ordinance, but no ordinance increasing such salary shall become effective until the date of commencement of the terms of members of the City Commission elected at the next regular city election, provided that such election follows the adoption of such ordinance by at least six (6) months. Members of the City ORLA 11 08J28.111 08328 4 Commission shall receive their actual and necessary expense incurred in the performance of their duties of office. ~ 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. B. Forfeiture of office. Any member of the City Commission shall forfeit his office if he lacks at any time during one's term of office any qualification for the office prescribed by this Charter or by law or is convicted of a felony or any crime involving moral turpitude. The provisions of this subsection shall be exercised in accordance with the provisions of S C-IO. C. Filling of vacancies. 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 tffiFtyninetv (W2Q) days of the vacancy to serve until the successor is elected, unless a special election is called by the City Commission hereunder. If a vacancy occurs in the office of Mayor, the Mayor Pro Temoro tem shall serve as Mayor until the successor is elected. The City Commission shall appoint a Commissioner to fill the vacancy created by the Mayor Pro TemOfo tem serving as Mayor; such Commissioner shall serve until such time as a Mayor is elected. 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 six (6) months of the vacancy. If a general city election will not be held within six (6) months, the successor shall be elected at a special election which shall be called by the City Commission within tffiFtyninetv (W2Q) days of the vacancy. The successor shall serve for the unexpired term of the member who created the vacancy. 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 thirty (30) days of appointment. ~ C-18. Independent audit. The City Commission shall provide for an independent annual audit of all city accounts and may provide for more frequent audits as it deems necessary. Audits shall be made by a certified public accountant or firm of accountants who or which has no personal interest, direct or indirect, in the fiscal affairs of the city government or any of its officers. The City Commission may designate such accountant or firm annually or for a period not exceeding three (3) years, provided that the designation for any particular fiscal year shall be made no later than thirty (30) days after the beginning of such fiscal year. If the state makes such an audit, the City Commission may accept it as satisfying the requirements of this section. ORLA 1108328.11108328 4 ~ C-19. Initiative and referendum. f\.. Initiative and referendum generally. (1) Initiati'.'e. The qualified electors of the city shall have the po\ver to propose ordinances to the City Commission, and if the City Commission fails to adopt an ordinance so proposed without any change in substance, such electors shall have the pO'Her to adopt or reject it at a city election, provided that such power shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes or salaries of city officers or employees. (2) Referendum. The qualified electors of the city shall have the pO'.ver to require reconsideration by the City Commission of any adopted ordinance, and if the City Commission fails to repeal an ordinance so reconsidered, such electors shall have the power to approve or reject it at a city election, provided that such pO'.ver shall not extend to the budget, capital program, any emergency ordinance or any ordinance relating to appropriation of money, levy of taxes or salaries of city officers or employees. B. Commencement of proceedings. Any five (5) qualified electors may commence initiative or referendum proceedings by filing with the City Clerk an affidavit stating that they will constitute the petitioners' committec and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to ......hich all notices to the committee are to be sent and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. C. Petitions. Each initiative or referendum petition filed with the City Clcrk shall comply vvith the follov/ing requirements, and any failure to comply with anyone (I) or more of the following requirements shall render the petition insufficient: (1) Number of signatures. Initiative and referendum petitions must be signed by qualified electors of the city equal in number to at least ten percent (10%) of the total number of qualified electors registered to vote at the last regular city election. (2) Form and content. ,^Jl papers of a petition shall be uniform in size and style and shall be assembled as one (I) instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address and the fully printed name of the person ORLA 1108328.11108328 4 signing. Petitions shall contain or have attached thereto, throughout their circulation, the full text of the ordinance proposed or sought to be reconsidered. Petitions shall also contain a statement above each signature that the signer had an opportunity to read the ordinance before signing. (3) ,^.ffidavit of circulator. Each paper of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating the address and fully printed name of the circulator, that the circulator personally circulated the paper, the number of signatures thereon, that all the signatures ..vere affixed in the circulator's presence, that the circulator believes them to be the genuine signatures of the persons ..",hose names they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. D. Procedure for filing. [;\.mended 1 5 1999 by Ord. No. 99 07~t ~ Editor's Note: This ordinanee was approved by the eleetorate of the City of Ococe by referendum 3 9 1999. Said ordinance also pro"lided for an effective date of () 1 1-999. (1) Certificate of City Clerk; amendment. Within thirty (30) days after an initiative petition or referendum petition is filed, the City Clerk shall complete a certificate as to its sufficiency, specifying if it is insufficient the particulars ..",herein it is defective, and shall send a copy of the certificate to the petitioners' committee by certified mail. Grounds for insufficiency are only those specified in Subsection C hereinabove. ,^,- petition certified insufficient may be amended once, provided that the text of the petition is not substantially changed in any way and the petitioners' committee files a notice of intention to amend it '.vith the City Clerk within seven (7) days after receiving a copy of the certificate and files a supplementary petition upon additional papers within ten (10) days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of Subsection C hereinabove. Within se'.'en (7) days after it is filed, the City Clerk shall complete a certificate as to the sufficiency of the petition, as amended, and shall promptly send a copy of such certificate to the petitioners' committee by certified mail as in the case of an original petition. If a petition or amended petition is certified insufficient and the Petitioners' Committee does not elect to amend or request City Commission review under Subsection 0(3) of this section within the time required, the City Clerk shall promptly present its certificate to the City Commission, and the certificate shall then be ORLA_ 1108328.11108328 4 a final determination as to the sufficiency of the petition. (2) Assistance to the City Clerk. The City Clerk may, '.vi thin his sole discretion, seek the assistance of the Supervisor of Elections for Orange County, Florida, in performing the City Clerk's duties hereunder. In such event, the City Clerk shall remain responsible for certifying the sufficiency of all petitions, including amended petitions. (3) City Commission review. If a petItIOn has been certified insufficient and the petitioners' committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, '.vithin seven (7) days after receiving the copy of such certificate, file a request that it be reviewed by the City Commission. The City Commission shall review the certificate at its next meeting following the filing of such request and approve or disapprove it. The City Commission's determination shall be a final determination as to the sufficiency of the petition. E. Referendum petitions; suspension of effects of ordinance. (1) '.\Then a referendum petition is filed '.vith the City Clerk, the ordinance sought to be reconsidered shall be suspended from taking effect if it has not already become effective as of the date of filing the referendum petition. Such suspension shall terminate ~ (a) There is a final determination of insufficiency of the petition; (b) The petitioners' committee '.vithdraws the petition; (c) The City Commission repeals the ordinance; or (d) ,A. vote on the ordinance by the electors of the city has been certified. (2) The filing of a referendum petition shall not affect the validity of or enforcement of the ordinance sought to be reconsidered if such ordinance is effective on the date of filing such referendum petition. F. ,^.ction on petitions. (1) Action by City Commission. '.\Then an initiative or referendum ORLA_ 11 08J28.111 08328 4 petition has been finally determined sufficient, the City Commission shall promptly consider the proposed initiative ordinance in the manner provided in Article III or reconsider the referred ordinance by voting on its repeal. If the City Commission fails to adopt il proposed initiative ordinance '.vithout any change in substance within forty five (15) days or fails to repeal the referred ordinance 'Nithin forty five (15) days, it shall submit the proposed or referred ordinance to the electors of the city. (2) Submission to electors. The proposed or referred ordinance shall be submitted to the electors of the city not less than ninety (90) days and not later than one hundred fifty (150) days from the date that the petition '.....as determined sufficient. If no regular city election is to be held \vithin the periods described in this subsection, the City Commission shall provide for a special election to be held within the above described period. Copies of the proposed or referred ordinance shall be made available at the polls and at City Hall. (3) Withdrav;al of petitions. ,^.n initiative or referendum petition may be withdraVlTI at any time prior to the 15th day preceding the date on which the proposed or referred ordinance is to be submitted to the electors of the city by filing "'lith the City Clerk a properly notarized request for withdrawal signed by at least four (1) members of the petitioners' committee. Upon the filing of such request, the petition shall have no further force or effect, and all proceedings thereon shall be terminated. G. Results of election. (1) Initiati':e. If a maJonty of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the City Commission. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. A. Initiatiye Ordinance. Any orooosed ordinance may be submitted to the City Commission by a oetition sil!ned by ten (10%) of the total number of Qualified rel!istered voters of the City of Ocoee. Within two (2) weeks after filinl! of such oetition. the City Commission may oass said ordinance. or shall call a soecial election to be held within ninety (90) days. at which the adootion or reiection of such ordinance shall be submitted to the Qualified voters of the City. If a maiority of the Qualified voters yotinl! on the orooosed ordinance shall vote in favor thereof. then the ordinance shall ORLA 1108328.11108328 4 thereuoon become a valid ordinance of the City. Anv number of orooosed ordinances may be voted uoon at the same election accordinQ to the orovisions of this section. B. Referendum Ordinance. If orior to takinQ effect of any ordinance. a oetition siQned bv ten (10%) of the total number of aualified reQistered voters of the City of Ocoee shall be filed with the City Commission orotestinQ aQainst the enactment of such ordinance. it shall be susoended from takinQ effect and every ordinance shall take effect ten (10) days after its oassaQe. unless a 10nQer time be named therein. Thereuoon. unless the City Commission shall within ten (10) days reconsider or reDeal such ordinance. the same shall be submitted to an election to be held as orovided in oaragraoh A above. and such ordinance shall not be ooerative if a maioritv of the votes cast be in oooosition thereto. (2) Referendum. If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results. C. City Commission. The City Commission may on it own motion submit to the oooular vote for the adootion or reiection of any orooosed ordinance or measure in the same manner as orovided in oaragraoh A above. H. Repeal of ordinances adopted by electoral votes. No ordinance adopted by an electoral vote shall be repealed or amended except by an electoral vote, but an ordinance to repeal or amend any such ordinance may, by resolution of the City Commission, be submitted to an electoral vote at any regular election or at any special election, provided that notice of the intention to do so is published not more than sixty (60) days nor less than thirty (30) days prior to such election. ~ C-20. Duties and emergeney powers of the Mayor. The Mayor shall preside at all meetings of the City Commission and shall be recognized as the head of the city government for all ceremonial purposes and by the Go'.'emor of the State of Florida for the purposes of military law, civil law and for the oumose of service of process~ but shall have no regular administrative duties. The Mayor shall sign all deeds, contracts, agreements, bonds, notes, obligations and other legal documents of the city. The Mayor shall prepare and present to the city an annual state of the city message in the month of January of each year in which the Mayor holds office. ill time of insurrection, general conflagrations, catastrophe or great or widespread public emergency, the Mayor shall become the head of the government and shall exercise those pmvers delegated to the Mayor under the laws of Florida. In the absence or disability of the Mayor, the functions of the Mayor shall be discharged by the Mayor Pro Tem.oro tem. In the absence or disability of both the Mayor and the Mayor oro tem. the functions of the Mayor shall be discharQed by the then-current City Commissioner who has held such oosition for the longest time. or as may otherwise be orovided by ordinance. ORLA_ 11 08J28.111 08328 4 ARTICLE IV City Manager ~ C-21. Appointment; qualifications; compensation. [Amended 1-5-1999 by Ord. No. 99-073] 3 Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-9-1999. Said ordinance also provided for an effective date of 6-1- 1999. The City Commission shall appoint by affirmative vote of a majority of all its members a City Manager for a minimum term of one (1) year. The City Manager shall be appointed solely on the basis of executive and administrative qualifications and need not be a resident of the City of Ocoee or the State of Florida at the time of appointment. The City Manager may reside outside the city while employed as City Manager, subject to the approval of the City Commission. The City Commission shall fIx the compensation of the City Manager and shall meet annually with the City Manager to review and evaluate the City Manager's performance. The City Commission may enter into an employment agreement with the City Manager addressing terms and conditions of employment not inconsistent with or in conflict with the provisions of this Charter. Any such employment agreement may provide that the City Manager may be terminated without cause at any time during the term of the employment agreement, subject to compliance with the procedures set forth in S C-22. Further, any such agreement may provide for circumstances under which the City Manager may be temporarily suspended with or without pay. ~ C-22. Termination. [Amended 1-5-1999 by Ord. No. 99-074] 4 Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-9-1999. Said ordinance also provided for an effective date of 6-1- 1999. The City Commission may terminate the employment of the City Manager in accordance "'lith the following procedures: :\. The City Commission shall adopt by affirmative vote of a majority of all its members a preliminary resolution stating its intention to terminate the employment of the City Manager and such preliminary resolution may alsoIf the Citv Mana12er declines to resi12n at the reauest of the Citv Commission. the Citv Commission mav suspend the City Manager from duty for a period not to exceed forty five (15) days. ,\ copy of the resolution shall be delivered promptly to the City Manager. B. Within five (5) days after a copy of the resolution is deliyered to the City Manager, the City Manager may file with the City Commission a v.'ritten reply and/or a w-ritten request for a ORLA_11 OBJ2B.111 083284 public hearing. If requested, this hearing shall be held at a regular or special City Commission meetingby resol ution aooroved by a maiority of the total membershio of the City Commission. A CODy of such resolution shall be served immediately uoon the City Mana!.!er. The City Mana!.!er shall have fifteen (15) days in which to reDly thereto in writin!.!. and uoon reauest. shall be afforded a oublic hearin!.!. which shall occur no earlier than fifteen (15) days and no!!.Q! later than thirty (30) days after the request is filed. C. The City Commission may adopt by affirmative vote of such hearin!.! is reauested. After the oublic hearin!.!. if one is reauested. and after full consideration. the City Commission may. by a majority &f-.al.lvote of its memberstotal membershio. adoot a final resolution terminating the employment of the City Manager, \vhich may be made effective immediately upon adoption. Such resolution may be adopted at any time after five (5) days from the date a copy of the preliminary resolution was delivered to the City Manager, if the City Manager has not requested a public hearing. If the City Manager has requested a hearing, such resolution may be adopted at any time after the hearing. In the event that the City Commission fails to terminate the City Manager in the manner provided hereunder within forty five (15) days from the date of adoption of the preliminary resolution, then the City Manager shall automatically be reinstated if the preliminary resolution suspended the City Manager and the preliminary resolution shall thereafter no longer be of any force or effect. D. City Mana!.!er. The City Manager shall continue to receive a salary during the period of suspension and, if terminated, shall receive afull salary until the effective date of a final resolution of termination. The action of the City Commission in suspending or terminating the City Manager shall not be subject to review by any court or agency.such resolution. A nonrenewal of the City Manager's employment agreement with the city shall not constitute a termination hereunder requiring compliance with the provisions of this section in order to terminate employment. E. The procedures set forth herein shall also be applicable to a termination of an employment agreement with the City Manager; provided, however, that if such employment agreement requires that a termination be for cause, then the preliminary and final resolutions discussed above shall soecifically set forth the cause for termination. ~ C-23. Acting City Manager. [Amended 1-5-1999 by Ord. No. 99-075] 5 Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-9-1999. Said ordinance also provided for an effective date of 6-1- 1999. A. There shall be an Acting City Manager who shall exercise the powers and perform the duties of City Manager during the temporary absence, disability or suspension of the City Manager, or during such time as there is a vacancy in the position. In the case of a temporary absence, the City Manager shall designate, by letter filed with the City Clerk, a qualified city administrative officer to serve as Acting City Manager. In the event that (1) the City Manager fails to designate someone as Acting City Manager as required hereunder, (2) the City Manager has been suspended ORLA 1108328.11108328 4 or is disabled or (3) there is a vacancy in the position of City Manager, then in any of such events the City Commission may then appoint a qualified Acting City Manager. B. The Acting City Manager shall serve at the pleasure of the City Commission and may be removed by the City Commission at any time, with or without cause. The removal of the Acting City Manager shall not affect, in any manner, any other positions such person may hold with the city. The provisions of S C-22 of this Article shall not apply to an Acting City Manager. C. The Acting City Manager shall serve as City Manager until such time as the City Manager resumes the position of City Manager, a new City Manager is appointed by the City Commission pursuant to S C-21 of this Article or the Acting City Manager is removed and a new Acting City Manager is appointed by the City Commission. ~ C-24. Powers and duties of City Manager. The City Manager shall be the chief administrative officer of the city and shall be responsible for the administration of all city affairs for which the City Manager is given responsibility under this Charter. The powers and duties of the City Manager shall include, but not be limited to, the following: A. To appoint and, when deemed necessary for the good of the city, to suspend or remove any city employeesemolovee or appointive administrative officersofficer unless otherwise provided under this Charter, the laws of Florida or any personnel rules and regulations adopted by the city. The City Manager may authorize any administrative officer who is subject to the City Manager's direction and supervision to exercise these powers with respect to subordinates in such officer's department, office or agency. B. To direct and supervise the administration of all departments, offices and agencies of the city, except as otherwise provided under this Charter or the laws of Florida. C. To attend all City Commission meetings and take part in any discussion at such meetings. This shall not be construed to include the right to vote at such meetings. D. To ensure, to the extent possible, that all provisions of this Charter and all laws and acts of the City Commission that are subject to enforcement by the City Manager or by officers subject to the direction and supervision of the City Manager are faithfully executed. ORLA_11 08328.111 083284 E. To prepare and submit to the City Commission the annual budget and capital program for the city. F. To prepare and submit to the City Commission a complete report on the finances and administrative activities of the city as of the end of each fiscal year. Such report shall also be made available to the public. G. To prepare and submit to the City Commission such other reports as the City Commission may require concerning the operation of city departments, offices and agencies subject to the direction and supervision of the City Manager. H. To prepare and submit to the City Commission on a quarterly basis a complete report on the financial conditions and future needs of the city and to make recommendations relating thereto. 1. To perform such other duties as may be required under this Charter or as may be required by the City Commission. J. To recommend to the City Commission the salary and wage scale of officers and employees of the city. ARTICLE V Administrative Departments ~ C-25. General provisions. A. Creation of departments. The City Commission may establish city departments, offices or agencies in addition to those created by this Charter and may prescribe the functions of all such departments, offices and agencies, except that no function assigned by this Charter to a particular department, office or agency may be discontinued or assigned to any other except by ordinance adopted by the City Commission. B. Direction by City Manager. All city departments, offices and agencies under the direction and supervision of the City Manager shall be administered by an officer appointed by and subject to the direction and supervision of the City Manager. With the consent of the City Commission, the City Manager may serve as the head of one (1) or more such departments, offices or agencies; provided, however, that the City Manager may not serve as the Chief of Police or the City Clerk of the city. ~ C-26. City Attorney. There shall be a City Attorney who shall be appointed by a majority of all members of the City Commission. The City Attorney shall act as the attorney and ORLA_11 0IlJ211.111 083284 counselor for the city. The City Attorney shall prepare and/or review as to form and legality all contracts, agreements, bonds and other written instruments to which the city is a party. When required to do so, the City Attorney shall prosecute and defend for and in behalf of the city all complaints, suits and controversies in which the city is a party. The City Attorney shall furnish to the City Commission and the City Manager an opinion on any question of law affecting the city and shall perform such other professional duties as may be consistent with this Charter and required by ordinance or resolution of the City Commission, prescribed for City Attorneys under the laws of Florida or otherwise requested by the City Commission or the City Manager. The City Attorney shall be a lawyer admitted in and having authority to practice in all courts of the State of Florida. The City Attorney may also serve as City Prosecutor, subject to the approval of the City Commission, and may appoint such Assistant City Attorneys as the City Attorney deems necessary. Upon recommendation of the City Attorney or the City Manager, the City Commission may retain special legal counsel to represent the city. Upon request by any board, commission or committee of the city, the City Commission or the City Manager shall appoint an attorney to assist such board, commission or committee. Upon the request of the City Commission or the City Manager, the City Attorney shall provide assistance to any board, commission or committee of the city. ~ C-27. Oath required; form. Every official of the city, before enteringcommencim! the duties of office, shall take and subscribe to an oath or affirmation to be filed with the City Clerk, which shall be in a form prescribed for state officers under the constitution and the laws of Florida. ~ C-28. City Clerk. A. Appointment; powers and duties. There shall be a City Clerk who shall be appointed by the City Manager. The City Clerk shall be under the direction and supervision of the City Manager. The salary of the City Clerk shall be determined by the City Manager, subject to the approval of the City Commission. The powers and duties of the City Clerk shall be in accordance with this Charter, the laws of Florida and the ordinances of the city and shall include, but not be limited to, the following: (1) Giving notice of City Commission meetings. (2) Attending all City Commission meetings and keeping minutes of such meetings to be signed by the Mayor of the city and attested by the City Clerk. (3) Acting as custodian of the City Seal, ordinances, resolutions and all papers and other documentation pertaining to the affairs of the city. (4) Preserving and filing all contracts and agreements to which the city ORLA 11083211.11108328 4 is a party. (5) Posting all ordinances when required to do so. (6) Attesting to the Mayor's signature on all ordinances, resolutions, contracts, agreements and other documents. (7) Preserving and maintaining an Ordinance Book and a Resolution Book. (8) Performing all other duties appropriate to the office of City Clerk as may be imposed by law, required by city ordinance or directed by the City Manager. B. Actin2 Citv Clerk. B. Deputy City Cleric (1) The City Clerk may designate a qualified individual as a Deputyan Actin2 City Clerk to exercise the powers and perform the duties of City Clerk during the temporary absence of the City Clerk, subject to the approval of the City Manager. In the event that the City Clerk is temporarily absent and fails to designate someone as DeputyActin2 City Clerk, the City Manager may then designate a qualified individual to serve as a Deputy Actin2 City Clerk. (2) The DeputyActin2 City Clerk shall serve at the pleasure of the City Manager and may be removed by the City Manager at any time, with or without cause. The removal of the DeputyActin2 City Clerk shall not affect, in any manner, any other positions such person may hold with the city. (3) The DeputyActin2 City Clerk shall serve as ,'\cting City Clerk until such time as the City Clerk resumes the position of City Clerk, a new City Clerk is appointed by the City Manager or the Deputy Actin2 City Clerk is removed and a new Deputy Actin2 City Clerk is appointed by the City Manager. ~ C-29. City Prosecutor. The City Commission may appoint a City Prosecutor who may prosecute all offenses against the city's ordinances and shall perform such other prosecutorial duties as may be directed by the City Commission. The duties of the City Prosecutor shall include, but not be limited to, the following: A. Preparing charges after examination into the facts and circumstances of each case. ORLA_ 11 08328.111 08328 4 I J B. Having all witnesses required on behalf of the city properly summoned. C. When requested by the City Commission, preparing and submitting a complete report to the City Commission on all cases in which the City Prosecutor has represented the city. ~ C-30. Personnel system Board. A. Establishment of a Personnel Board. There shall be a Personnel Board consisting of five (5) members appointed by the City Commission for terms of three (3) years. The members of the Personnel Board shall be qualified electors of the city and shall serve at the pleasure of the City Commission. The Personnel Board shall consist of at least one (1) city employee, one (1) City Commissioner, one (1) person who holds a management position with the city and one (1) citizen of Ocoee who is not employed by and does not hold office with the city. All members of the Personnel Board must be qualified electors of the city during their entire term on the Personnel Board in order to remain a member of such Board. Any city employee, City Commissioner or person holding a management position with the city who is appointed to the Personnel Board must hold his respective position with the city during his entire term on the Personnel Board in order to remain a member of such Board. B. Vacancies. Any vacancy occurring during the term of any member of the Personnel Board shall be filled by the City Commission for the remainder of the term. Such vacancy shall be filled within thirty (30) days after the vacancy occurs. C. Powers and duties. The Personnel Board shall be responsible for reviewing personnel policies for the city which are submitted to them by the City Manager and recommending such policies to the City Commission for adoption or amendment. The City Manager shall adhere to all personnel policies. The Personnel Board shall also have such other powers and duties as may be established by ordinance by the City Commission. [Amended 1-5-1999 by Ord. No. 99-076] 6 Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-9-1999. Said ordinance also provided for an effective date of 6-1- 1999. ARTICLE VI Financial Procedures ~ C-31. Fiscal year. ORLA_ 1108328.11108328 4 The fiscal year of the city shall begin on the first day of October and end on the 30th day of September of the following calendar year. ~ C-32. Submission of budget and budget message. On or before the first day of August of each year, the City Manager shall submit to the City Commission a budget for the ensuing fiscal year and an accompanying message. ~ C-33. Budget message. The City Manager's message shall explain the budget both in fiscal terms and in terms of the work programs. It shall outline the proposed financial policies of the city for the ensuing fiscal year, describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures and revenues, together with the reasons for such changes, summarize the city's debt position and include such other material as the City Manager deems desirable. ~ C-34. Budget. The budget shall provide a complete financial plan of all city funds and activities for the ensuing fiscal year and, except as required by law or this Charter, shall be in such form as the City Manager deems desirable or the City Commission may require. In organizing the budget, the City Manager shall utilize the most feasible combination of expenditure classification by fund, organization unit, program, purpose or activity and object. It shall begin with a clear, general summary of its contents and shall show in detail all estimated income, indicating the proposed millage rate for ad valorem taxes and all proposed expenditures, including debt service, for the ensuing fiscal year. The budget shall be so arranged as to show comparative figures for the actual and estimated income and expenditures of the current fiscal year and the actual income and expenditures of the preceding fiscal year. It shall indicate in separate sections: A. Proposed expenditures for current operations during the ensuing fiscal year, detailed by offices, departments and agencies in terms of their respective work programs, and the method of financing such expenditures. B. Proposed capital expenditures during the ensuing fiscal year, detailed by offices, departments and agencies when practicable, and the proposed method of financing each such capital expenditure. C. Anticipated net surplus or deficit for the ensuing fiscal year of each utility owned or operated by the city and the proposed method of its disposition; subsidiary budgets for each such utility giving detailed income and expenditure information shall be attached as appendixes to the budget. ORLA 11 08J28.111 083284 D. Proposed measures to be taken to reduce costs and conduct a more economical operation during the fiscal year. ~ C-35. Balanced budget. The City Commission shall adopt a budget in which the total expenditures for the fiscal year do not exceed the total estimated revenues from all sources for such year, including, but not limited to, the issuance of bonds and other indebtedness, cash reserves and any other funds as may be available to the city. ~ C-36. Capital program. A. The City Manager shall prepare and submit to the City Commission a five- year capital program at least three (3) months prior to the final date for submission of the budget. The capital program shall include: (1) A clear, general summary of its contents. (2) A list of all capital improvements which are proposed to be undertaken during the five (5) fiscal years next ensuing, with appropriate supporting information as to the necessity for such improvements. (3) Cost estimates, method of financing and recommended time schedules for each such improvement. (4) The estimated annual cost of operating and maintaining the facilities to be constructed or acquired. B. The above information may be revised and extended each year with regard to capital improvements still pending or in the process of construction or acquisition. ~ C-37. Adoption of budget. The public shall be given advance notice of all meetings of the City Commission at which the proposed budget is to be considered. Such notice shall be published in a newspaper of general circulation in the City of Ocoee at least seven (7) days but no more than thirty (30) days before any such meeting. The budget shall be finally adopted at a public meeting of the City Commission in accordance with the laws of Florida. ~ C-38. Amendments after adoption. A. Supplemental appropriations. If during the fiscal year the City Manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the City Commission by ordinance may ORLA_ ~ 11083284 make supplemental appropriations for the year up to the amount of such excess. B. Reduction of appropriations. If at any time during the fiscal year it appears probable to the City Manager or City Commission that the revenues available will be insufficient to meet the amount appropriated, the City Manager shall report to the City Commission without delay the estimated amount of the deficit, any remedial action taken by the City Manager and any recommendations as to any other steps to be taken. The City Commission shall then take such further action as it deems necessary to prevent or minimize any deficit, and for that purpose it may by ordinance reduce one (1) or more appropriations. C. Transfer of appropriations within departments. At any time during the fiscal year the City Manager or City Commission may transfer part or all of any unencumbered appropriation balance among programs within a department, office or agency. D. Transfer of appropriations between departments. The City Commission may by ordinance transfer part or all of any unencumbered appropriation balance from one (1) department, office or agency to another. E. Limitations. No appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. ~ C-39. Lapse of appropriations. Every appropriation, except an appropriation pursuant to a five-year capital program under ~ C-36, shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. An appropriation pursuant to a five-year capital program shall continue in force until the purpose for which it was made has been accomplished or abandoned; the purpose of any such appropriation shall be deemed abandoned if three (3) years pass without any disbursement from or encumbrance of the appropriation. ~ C-40. Depositories of city fund. The City Commission shall at its first regular meeting of each fiscal year designate depositories for city funds. Any bank located in the City of Ocoee or Orange County, state or national, and authorized to do business in the State of Florida which will deposit collateral authorized by the laws of Florida in such an amount as required by the laws of Florida or in such higher amount as the City Commission may determine and require for the protection of deposits may be designated by the City Commission as a city depository. Such depository shall then be authorized and entitled to receive funds of the ORLA_ ~ 11083284 City of Ocoee. The accounts of the city in any bank acting as a depository shall be subject at all times to inspection and audit by the City Auditor. ~ C-41. Accurate accounts of money to be kept. The City Commission shall cause to be kept accurate accounts and a complete set of books as may be required under the laws of Florida. ~ C-42. Expend or contract to expend money. Unless the City Commission otherwise provides by resolution, no office, department or board shall, during any budget year, expend or contract to expend any money, incur any liability or enter into any contract which by its terms involves the expenditure of money for any purpose in excess of the amounts appropriated for that general classification or expenditure pursuant to this Charter. Any contract, oral or written, made in violation of this section or any section in this Charter shall be null and void. Any contract which by its terms involves the expenditure of money for a period exceeding the budget year in which such contract is made, when such contract is otherwise permitted by law, shall be valid only if approved or authorized by the City Commission. ~ C-43. Investment of surplus funds. The City Commission shall have authority to invest any surplus funds of the city in funds or investments authorized for such purposes by the laws of Florida, but no such investments shall be purchased at a higher price than their market price at the time of such purchase, and no bonds shall be purchased until the City Attorney shall have approved the legality of the issue of such bonds. ARTICLE VII Nominations and Elections ~ C-44. Identification of City Commissioner. [Amended 9-20-1988 by Ord. No. 88- 28] Each City Commissioner shall be elected to a seat number as set forth hereinbelow and shall represent a single-member district as set forth under S C-68 of Article XI of this Charter. Seat numbers and their corresponding single-member districts shall be shown on qualification forms, ballots and other election records. ~ C-45. Election dates and terms of office. [Amended 4-2-1996 by Ord. No. 96-05; 10-7-1997 by Ord. No. 97-20; 1-5-1999 by Ord. No. 99-077] 7 Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-9-1999. Said ordinance also provided for an effective date of 6-1- ORLA_ ~11 083284 1999. A. Beginning in March ~20 10. regular municipal elections shall be held annually on the second Tuesday in March of each year. The terms of office of the Mayor and City Commissioners shall be as follows: (1) The Mayor shall be elected for a tfireefour-year term at athe regular municipal election to be held in March 20012010 and shall thereafter be elected for a tfireefour-year term at a regular municipal election to be held every tfireefour (~ years thereafter. (2) Two (2) City Commissioners shall be elected for tfireefour-year terms at athe regular municipal election to be held in March 2-QOO20 1 0 and shall thereafter be elected for tfireefour-year terms at a regular municipal election to be held every tfireefour (:11) years thereafter. Such City Commissioners shall be elected to Seat No.2 and Seat No.4. (3) Two (2) City Commissioners shall be elected for tfireefour-year terms at athe regular municipal election to be held in March ~20 12 and shall thereafter be elected for tfireefour-year terms at a regular municipal election to be held every tfireefour (:11) years thereafter. Such City Commissioners shall be elected to Seat No.1 and Seat No.3. B. Notwithstanding the above, and in order to harmonize the terms of the oresent members of the Citv Commission with the orocedures established bv this Article. the term of office of any person elected to the office of Mayor or the office of City Commissioner shall commence upon being sworn into office and continue until such time as his or her respective successor is sworn into office. Any person elected to the office of Mayor or the office of City Commissioner shall be sworn into office at 7:00 p.m. on the day of the next regularly scheduled City Commission meeting held at least two (2) weeks after the results of the election are declared by the Canvassing Board as set forth in S C-50 of this article";. or as otherwise reauired bv law. The incumbent Mayor and City Commissioners at the effective date of Ordinance No. ~ shall continue to hold their respective offices until their successors are sworn into office. Notwithstanding the foregoing, in the event that no candidate qualifies for the office of Mayor or a specific seat on the City Commission, then such office or seat shall be declared vacant by the Canvassing Board at its meeting following the regular municipal election. C. Durin!! the vears of oresidential orimarv elections and at other times deemed aoorooriate bv the Oran!!e Countv Suoervisor of Elections. the ORLA_11 08328.111 083284 citv mav. bv resolution. move the date of the municioal election to oiQQvback with the Countv elections in order to Qreatlv reduce staffinQ levels and elections costs. ~ C-46. General election rules. The following rules shall be applicable to elections for the office of Mayor and the office of City Commissioner: A. AHyThe candidate for Mayor who receives a majority of the most votes cast for such office shall be elected. B. AHyThe candidate for each separate City Commission seat who receives a majority of the most votes cast for such office shall be elected. C. In the event that no candidate for a city elective office receives a majority of the votes cast for that office, then a runoff election between the two (2) candidates who received the most votes for such office shall be held at least seven (7) days and no more than thirty (30) days following the regular municipal election for such office. ~ C-47. Qualifications of electors. Any person who is a resident of the City of Ocoee, who has qualified as an elector of the State of Florida and who registers in the manner prescribed by general law shall be an elector of the City ofOcoee. ~ C-48. Registration of electors. Electors of the City of Ocoee shall register with the appropriate officials of Orange County, Florida. The City Commission shall have authority to make such arrangements as may be necessary for the attainment and/or certification of the list of eligible electors qualified to vote in a city election. ~ C-49. Conduct of elections. The City Commission shall designate the places of polling for all city elections and shall give notice of all city elections in accordance with the laws of Florida. +lle Exceot as otherwise set forth herein. the City Commission shall by ordinance provide for the printing of ballots, the conduct of elections, including absentee procedures,--aHEl the canvass of retumS7. and all similar election details. Such ordinance shall, to the extent possible, ensure the secrecy of the ballot and the integrity of the poll. ~ C-50. Certification of results; canvass of returns; notification of successful candidates. ORLA_11 08328.111 083284 The results of the voting at each polling place when ascertained shall be certified by return in duplicate signed by the Clerk and a majority of the inspectors of the election, one (1) copy being delivered by the gerk and inspectors to the Mayor and the other to the City Clerk, both of whom shall transmit such return to a public meeting of the Canvassing Board, which will consist of the Mayor and the two (2) City Commissioners who 'Here not up for election, such meeting to be held at 12:00 noon follo'Ning the day of the election or as soon thereafter as is practicable. At such time, thethree (3) citizens aooointed bv the City Commission. The Canvassing Board shall canvass the returns and shall declare the results of the canvass as the results of the election~ in a manner orovided bv city ordinance or as otherwise reauired bv law. A majority of the Canvassing Board shall constitute a quorum thereof. NotwithstandinQ: the foreQ:oinQ:. with the aQ:reement of the OranQ:e County CanvassinQ: Board and OranQ:e County Suoervisor of Elections. the City Commission may. bv ordinance. assiQ:n and abdicate the canvassinQ: resoonsibilities of the City CanvassinQ: Board to the OranQ:e County CanvassinQ: Board. In such event the OranQ:e County CanvassinQ: Board shall canvass the returns and shall declare the results of the canvass as the results of the election in a manner orovided bv city ordinance or as otherwise reauired bv law. ~ C-51. Names on ballots. The full names of all candidates for election to the City Commission, except those who have withdrawn, died or become ineligible, shall be printed on the official ballots without party designation or symbol. The names of the candidates shall be arranged in the alphabetical order of their surnames. ~ C-52. Ballots for ordinances and Charter amendments. An ordinance, a charter amendment or any other matter to be voted on by the electors of the city shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: "Shall the above-described (ordinance) (amendment) be adopted?" Immediately below such question shall appear the words "yes" and "no." The elector shall cast a vote by choosing either "yes" or "no" in the manner required by the Supervisor of Elections. ARTICLE VIII Levy of Taxes and Issuance of Bonds ~ C-53. Power of city to levy taxes; maximum levy. The City of Ocoee shall have the power to levy taxes each year for the ordinary purposes of the municipality, provided that such levy shall not exceed ten (10) mills on the assessed valuation of taxable property within its limits or such limitations as established by the laws of Florida. ORLA_ 1108328.11108328 4 ~ C-54. General obligation bonds. A. The city shall have the power to issue general obligation bonds in an aggregate principal amount of bonds outstanding at anyone (1) time not in excess of twenty-five percent (25%) of the assessed value of the taxable property within the city as shown on the pertinent tax records at the time of the authorization of the general obligation bonds for which the full faith and credit of the city is pledged. Except for refunding bonds, no general obligation bonds shall be issued unless the issuance thereof shall have been approved by the electors of the city at an election held in accordance with the requirements for such election as prescribed by the Constitution and the laws of Florida. B. The city may pledge its full faith and credit for the payment of the principal and interest on such general obligation bonds and for any reserve or other funds provided therefor, and the city may unconditionally and irrevocably pledge itself to levy ad valorem taxes on all taxable property in the city to the extent necessary for the payment thereof. C. If the city shall determine to issue general obligation bonds for more than one (1) different purpose, the approval of the issuance of the bond for each and all such purposes may be submitted to the electors separately on one and the same ballot. The failure of the electors to approve the issuance of bonds for anyone (1) or more purposes shall not defeat the approval of bonds for any purpose which shall be approved by the electors. ~ C-55. Powers declared additional to state law. Except as set forth in ~ C-54 of this Article, this Article shall not be construed as in any way restricting or superseding any of the provisions of any general law of Florida relating to the taxing and bond issuance powers of municipalities but shall provide an alternative and supplementary method for the exercise of the powers granted in this charter; and the city shall be fully authorized to exercise any powers provided in such general laws upon compliance only with the provisions of such general laws. ARTICLE IX General Provisions ~ C-56. Personal financial interest. All city officers and employees shall comply with the Code of Ethics for Public Officers and Employees2 or such other laws as may be enacted by the Florida Legislature governing the conduct and ethics of public officers and employees, as set forth under the laws of Florida. Any violation of this section by a city officer or employee shall constitute grounds for forfeiture of the office or position held by such officer or employee. Any violation of this section shall render any contracts with the city voidable ORLA 1108328.111083284 by the City Manager or the City Commission if the person or entity contracting with the city had express or implied knowledge of such violation. Nothing contained herein shall be construed to deprive any city officer or employee of such officer's or employee's right to due process under the Constitution and the laws of the United States and the State of Florida. 2 Editor's Note: See F.S. ~ 112.311 et seq. ~ C-57. Construction of Charter. Except as otherwise provided herein, the proVISIOns of this Charter shall be liberally construed to effect its purpose and shall be deemed cumulative, supplemental and alternative authority for the exercise of the powers provided herein. ~ C-58. Severability of provisions. If any sentence, phrase, paragraph, provision or portion of this Charter is for any reason held invalid, unenforceable or unconstitutional by any court of competent jurisdiction, such portion shall be deemed to be a separate, distinct and independent provision and such holding shall not in any way affect the validity of the remaining portion thereof. If any sentence, phrase, paragraph, provision or portion of the Charter is held invalid, unenforceable or unconstitutional in its application to any person or circumstance, the application of the Charter and its provisions to other persons or circumstances shall not be affected thereby. ARTICLE X Charter Review Commission ~ C-59. Appointment of members. A Charter Review Commission shall be appointed by the City Commission no later than December 15 in the year 1999 and no later than December 15 every ten (10) years thereafter. A Charter Review Commission may also be appointed by the City Commission at such times as deemed necessary by the City Commission. The Charter Review Commission shall consist of five (5) members who shall be appointed by majority vote of the City Commission and. The Mayor and each Citv Commissioner shall each aoooint one (1 ) member. who shall serve on such Commission for terms of one (1) year unless such terms are extended by the City Commission. The Mayor shall also aoooint two (2) alternate members. subiect to the aooroyal of the City Commission. who may fill in for any member absent from a Charter Review Commission meetilll.!.. ~ C-60. Removal; vacancies. A. Removal. Any member of the Charter Review Commission may be removed by the City Commission in accordance with the following ORLA_ 1108328.11108328 4 procedures: (1) The City Commission shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal. A copy of the resolution shall be promptly delivered to the member of the Charter Review Commission sought to be removed. (2) Within five (5) days after a copy of the resolution is delivered to the member sought to be removed, such member may file with the City Commission a written reply and/or a written request for a public hearing. This hearing shall be held at a City Commission meeting no earlier than fifteen (15) days and no later than thirty (30) days after the request is filed. (3) The City Commission may adopt by affirmative vote of a majority of all its members a final resolution of removal, which may be made effective immediately. Such resolution, if adopted, must be adopted no earlier than six (6) days and no later than thirty (30) days from the date a copy of the preliminary resolution was delivered to the member sought to be removed, if such member has not requested a public hearing. If such member has requested a hearing, such resolution, if adopted, must be adopted within forty- five (45) days from the date of the hearing. B. Vacancies. If any vacancy occurs in the Charter Review Commission, a qualified individual shall be appointed by the City Commission to serve in place of the member who created the vacancy. Such vacancy shall be filled within thirty (30) days after the vacancy occurs. ~ C-61. Powers and duties. The Charter Review Commission shall serve as an advisory body to the City Commission '.'lith respect to the Charter. Thebe emoowered to conduct a comorehensive studv of anv or all ohases of citv (!overnment. A Charter Review Commission sftal-I. review the Charter of the City of Ocoee as to legality, form and content and shall prepare a report to the City Commission of any recommendedmav. durin!:! its term. olace orooosed amendments and revisions to the Charter.of the Charter on the ballot at !:!eneral municioal elections onlv. orovided a reoort of the orooosed chan!:!es has been delivered to the Citv Clerk at least sixtv (60) davs orior to the election. or as otherwise mav be reauired bv law. Such amendments or revisions do not reauire the aooroval of the Citv Commission. ~ C G2. Reeommendations to the Cit)' Commission. The above mentioned report shall be submitted to the City Commission In ORLA 1108328.11108328 4 accordance with such deadlines as may be established by the City Commission or as may other.vise be required by law. \Vithin two (2) months of the receipt of any such report, the City Commission shall accept or reject the recommendations contained therein, or the City Commission may send such report back to the Charter Review Commission for further study and consideration. ,\ny proposed Charter amendments accepted by the City Commission shall be adopted by ordinance and submitted to the electors of the city for consideration no later than the next general municipal election or at a special election called by the City Commission for such purposes. S C-62. rRenealedl ~ C-63. Officers. The Charter Review Commission shall create and elect appropriate officers as it deems necessary for the orderly conduct of its specific duties. ~ C-64. Expenses. The City Commission shall appropriate funds to defray reasonable expenses of the Charter Review Commission. ARTICLE XI Single-Member Districts [Added 9-20-1988 by Ord. No. 88-28] ~ C-65. Number of districts. The City of Ocoee shall be divided into four (4) single-member districts effective upon the adoption of the initial geographic boundaries of such districts by the City Commission of the City of Ocoee. ~ C-66. Establishment of Districting Commission. A. Appointment of members. The City Commission shall establish a Districting Commission after November 15, 1991, but no later than December 15, 1991, and every five (5) years thereafter (Le., 1996, 2001, etc.) a new Districting Commission shall be appointed by the City Commission after November 15 but no later than December 15 of that year. A Districting Commission may also be appointed by the City Commission at such other times as deemed necessary by the City Commission. The Districting Commission shall consist of five (5) members who shall be appointed by majority vote of the City Commission and who shall serve on such commission for terms of one (1) year, unless such terms are extended by the City Commission. B. Removal; vacancies. ORLA 1108328.11108328 4 (1) Removal. Any member of the Districting Commission may be removed by the City Commission in accordance with the following procedures: (a) The City Commission shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal. A copy of the resolution shall be promptly delivered to the member of the Districting Commission sought to be removed. (b) Within five (5) days after a copy of the resolution is delivered to the member sought to be removed, such member may file with the City Commission a written reply and/or a written request for a public hearing. This hearing shall be held at a City Commission meeting no earlier than fifteen (15) days and no later than thirty (30) days after the request is filed. (c) The City Commission may adopt by affirmative vote of a majority of all its members a final resolution of removal, which may be made effective immediately. Such resolution, if adopted, must be adopted no earlier than six (6) days and no later than thirty (30) days from the date a copy of the preliminary resolution was delivered to the member sought to be removed, if such member has not requested a public hearing. If such member has requested a hearing, such resolution, if adopted, must be adopted within forty-five (45) days from the date of the hearing. (2) Vacancies. If any vacancy occurs in the Districting Commission, a qualified individual shall be appointed by the City Commission to serve in place of the member who created the vacancy. Such vacancy shall be filled within thirty (30) days after the vacancy occurs. C. Powers and duties. (1) The Districting Commission shall serve as an advisory body to the City Commission with respect to the establishment of initial geographic boundaries of the four (4) single-member districts of the City of Ocoee. Each new Districting Commission shall serve as an advisory body to the City Commission with respect to the redistricting of such boundaries. (2) Upon its initial appointment in 1991, the Districting Commission ORLA 1108328.11108328 4 shall review the most current, official census data, together with all other data relevant to the establishment of initial geographic boundaries of the four (4) single-member districts, and shall prepare a report to the City Commission that contains recommendations concerning such boundaries. (3) Upon appointment of a new Districting Commission in 1996, and every five (5) years thereafter, the Districting Commission shall review the geographic boundaries of the four (4) single-member districts in light of the most current, official census data, together with all other data relevant to the redistricting of geographic boundaries. The Districting Commission shall prepare a report to the City Commission containing recommendations, if any, for the adjustment of district boundaries. (4) All recommendations concerning the geographic boundaries of single-member districts shall be prepared in compliance with the following criteria: (a) Each district shall be formed of compact, contiguous territory and shall be as rectangular as possible. To the extent possible, the boundary lines of each district shall follow the center lines of streets. (b) The districts shall be based upon the principle of equal and effective representation as required by the United States Constitution. (c) The boundaries of each district shall, to the extent possible, be aligned with the boundaries of the county precincts within the city and with the boundaries of the city. (d) All reports containing recommendations shall include a map that sets forth the proposed boundaries of each district. D. Recommendations to the City Commission. All reports of the Districting Commission shall be available to the public and submitted to the City Commission in accordance with such reasonable deadlines as may be established by the City Commission or as may otherwise be required by law. Within two (2) months of the receipt of any such reports, the City Commission shall accept or reject the recommendations contained therein, or the City Commission may send such reports back to the Districting Commission for further study and consideration. The establishment of the initial geographic boundaries of the four (4) single-member districts and any subsequent redistricting of such boundaries shall be done by ordinance by the City Commission; provided, however, that the City Commission ORLA_ 11 01lJ28.111 08328 4 shall not establish or redistrict such boundaries until after receipt of a report from the Districting Commission containing recommendations relating thereto, unless the Districting Commission fails to deliver its report by the deadline established by the City Commission. E. Officers. The Districting Commission shall create and elect appropriate officers as it deems necessary for the orderly conduct of its specific duties. F. Support. It shall be the responsibility of the Planning Department, or such other department as may be designated by the City Manager, to provide technical data and assistance to the Districting Commission. City staff shall also be available to assist the Districting Commission as needed. G. Expenses. The City Commission shall appropriate funds to defray reasonable expenses of the Districting Commission. ~ C-67. Date of adoption of initial districts. The City Commission shall adopt by ordinance the initial geographic boundaries of the four (4) single-member districts after receipt of a report by the Districting Commission containing recommendations concerning such boundaries, but in no event shall such initial boundaries be adopted later than June I, 1992. Such ordinance shall designate four (4) single-member districts which will be identified in such ordinance as District Nos. 1, 2, 3 and 4. ~ C-68. Representation of districts. In order to harmonize the terms of the present members of the City Commission with the form of government establishment by this Article, it is hereby provided that effective upon the adoption of the initial geographic boundaries of the single-member districts by the City Commission, each single-member district shall be represented by an incumbent City Commissioner as set forth below: A. District No. I shall be represented by the City Commissioner previously elected to Seat No. I for the duration of such Commissioner's current elected term of office. B. District No.2 shall be represented by the City Commissioner previously elected to Seat No. 2 for the duration of such Commissioner's current elected term of office. C. District No. 3 shall be represented by the City Commissioner previously elected to Seat No. 3 for the duration of such Commissioner's current elected term of office. D. District No.4 shall be represented by the City Commissioner previously ORLA 11 08J2!l.111 08328 4 elected to Seat No. 4 for the duration of such Commissioner's current elected term of office. ~ C-69. District residency requirements. Effective upon the adoption of the initial geographic boundaries of the single- member districts by the City Commission, the City Commissioners shall be required to comply with the following residency requirements: A. The Commissioners to be elected in November 1992 must be bona fide residents of their respective districts as of the date of qualifying to run for office in order to qualify for and hold office as a Commissioner for their respective districts. Thereafter the City Commissioners representing said districts and elected to said seats must be bona fide residents of their respective districts in order to qualify for and to hold the office of Commissioner as required under S C-11 of Article III of this Charter. B. The Commissioners to be elected at the next general municipal election following the November 1992 election must be bona fide residents of their respective districts as of the date of qualifying to run for office in order to qualify for and hold office as a Commissioner for their respective districts. Thereafter the City Commissioners representing said districts and elected to said seats must be bona fide residents of their respective districts in order to qualify for and to hold the office of Commissioner as required under S C-l1 of Article III of this Charter. ~ C-70. Annexed territory. After the establishment of the initial geographic boundaries of the districts, any territory annexed to or consolidated with the City of Ocoee shall, at the time of such annexation or consolidation, be added to an adjacent district or districts by an ordinance of the City Commission which may be a part of the annexation or consolidation ordinance. ~ C-71. Redistricting. The City Commission shall, by ordinance adopted by a majority vote of all the members of the City Commission, redistrict the geographic boundaries of each single- member district after each official decennial census conducted by the United States Government and, to the extent permitted by law, after receipt of a report by the Districting Commission containing recommendations, if any, for the adjustment of district boundaries as required under S C-66 of this Article. District boundaries shall not be changed less than four (4) months prior to a regular municipal election, except to include territory annexed to or consolidated with the city. All redistricting of district boundaries shall be in accordance with the Constitutions and the laws ofthe United States and of Florida and the provisions of S C-66C(4)(a) through (d) of this Article. ORLA 11083211.11108328 4 - - - --- - Document comparison done by Workshare DeltaView on Wednesday, November 26, 2008 9:26:39 AM Input: Document 1 interwovenSite://ORLDMS 1/0RLA/11 08328/1 Document 2 interwovenSite://ORLDMS 1/0RLA/11 08328/4 Rendering set standard Legend: Insertion Deletion Moved from Moved to Style change Format change rvlo\"t~d deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 101 Deletions 134 Moved from 2 Moved to 2 Stvle chanQe 0 Format chanQed 0 Total chanQes 239 ORLA 1108328.111083284 03/11/2009 09:25 8509223959 ATTY GENERALS OFC PAGE 02113 OFFICE OF THE ATTORNEY GENERAL Opinions Division lHLL McCOLLUM ATTORNEY GENERAL STATE OF FLORIDA PL 01 The Capitol Tallahassee, Florida 32399-1050 Telephone (850) 245-0158 Fax (850) 922-3969 March 4, 2009 The Honorable S. Scott Vandergrift Mayor, City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 Dear Mayor Vandergrift: On behalf of the City Commission of the City of Deaee, you have asked for assistance regarding a city charter provision dealing with the duties and emergency powers of the Mayor of Ocoee. Attorney General McCollum has asked me to respond. Initially, I must advise you that the Florida Attorney General provides legal advice and opinions on questions of state law pursuant to section 16.01 (3), Florida Statutes. I am enclosing a copy of this statute and our Statement of Policy for your consideration. Thus, this office has no power to comment upon or interpret the terms of local legislation such as charters or ordinances. Further, it appears that the City of Ocoee is a municipality located within Orange County. Orange County is a charter county and this office has not been advised of any provision of the Orange County Charter that could affect this charter language and no comment is expressed regarding any possible preemption or conflict issues in that regard. However, in an effort to provide you with some direction, I offer the following informal comments. Section 2(b), Article VIII of the Florida Constitution provides, in part that: Municipalities shall have governmental. corporate and proprietary powers to enable them to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law. The Florida Supreme Court has stated that this constitutional provision I'expressly grants to every municipality in this state authority to conduct municipal government, perform municipal functions, and render municipal services.,,1 The Court stated, in State v. City of Sunrise,2 that the only limitation on the power of municipalities under 03/11/2009 09:25 8509223959 ATTY GENERALS OFC PAGE 03113 The Honorable S. Scott Vandergrift Page Two this constitutional section is that such power must be exercised for a valid municipal purpose. As determined by the Court, "Plegislative statutes are relevant only to determine limitations of authority" and municipalities need no further authorization from the Legislature to conduct municipal govemment.3 Pursuant to section 166.021 (1), Florida Statutes, municipalities are granted "the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law." Subsection (3) of the statute prescribes limitations on the subjects that municipal legislation may address: The Legislature recognizes that pursuant to the grant of power set forth in s. 2(b), Art. VIII of the State Constitution, the legislative body of each municipality has the power to enact legislation concerning any subject matter upon which the state Legislature may act, except: (a) The subjects of annexation, merger, and exercise of extraterritorial power, which require general or special law pursuant to s. 2(c), Art. VIII of the State Constitution; (b) Any subject expressly prohibited by the constitution; (c) Any subject expressly preempted to state or county government by the constitution or by general law; and (d) Any subject preempted to a county pursuant to a county charter adopted under the authority of ss. 1 (g), 3, and 6(e), Art. VIII of the State Con stitution. The relationship between local and state legislation was specifically discussed by the Florida Supreme Court in City of Miami Beach v. Rocio Corporation: The principle that a municipal ordinance is inferior to state law remains undisturbed. Although legislation may be concurrent, enacted by both state and local governments in areas not preempted by the state, concurrent legislation enacted by municipalities may not conflict with state law. If conflict arises, state law prevails. An ordinance which supplements a statute's restriction of rights may coexist with that statute, whereas an ordinance which countermands rights provided by statute must fail.4 The City of Dcoee, therefore, may legislate on any matter upon which the Legislature may act, so long as its ordinance does not forbid what the Legislature has expressly licensed or authorized, or permit what the Legislature has expressly forbidden.5 03/11/2009 09:25 8509223959 ATTY GENERALS OFC PAGE 04113 The Honorable S. Scott Vandergrift Page Three The issue of conflict between local ordinances and state law was addressed in Jordan Chapel Freewill Baptist Church v. Dade County.6 The court in Jordan Chapel stated that: Legislative provisions are inconsistent if, in order to comply with one provision. a violation of the other is required. . . .[f]he sole test of conflict for purposes of preemption is the impossibility of co-existence of the two laws. Courts are therefore concerned with whether compliance with a County ordinance requires a violation of a state statute or renders compliance with a state statute impossible.lt? (emphasis supplied in original) Article II, Section 6, Florida Constitution, provides that the Legislature shall have the power to provide for succession for all public offices during emergencies resulting from enemy attack. The Legislature has acted on this constitutional requirement by adopting Chapter 22, Florida Statutes, the "Emergency Interim Executive and Judicial Succession Act." The act provides for the Itcontinuity of government through legally constituted leadership, authority and responsibility in offices of the government of the state and its political subdivisions[.]" The act seeks "to provide for the effective operation of governments during an emergency[.]" Section 22.05, Florida Statutes, authorizes local legislative bodies lito enact resolutions or ordinances providing for emergency interim successors to offices [of local governmental bodies]." Such local legislation must be consistent with the provisions of the act.8 Thus, the City of Ocoee may adopt provisions relating to succession under these conditions that are consistent with Chapter 22. The "State Emergency Management Act," sections 252.31-252.60, Florida Statutes, sets forth the state's emergency preparedness; response, recovery, and mitigation capabilities in dealing with a wide range of emergencies and disasters.9 The Legislature has indicated its intent for adoption of the act: It is the intent of the Legislature to reduce the vulnerability of the people and property of this state; to prepare for efficient evacuation and shelter of threatened or affected persons; to prOVide for the rapid and orderly provision of relief to persons and for the restoration of seNices and property; and to provide for the coordination of activities relating to emergency preparedness, response, recovery, and mitigation among and between agencies and officials of this state, with similar agencies and officials of other states, with local and federal governments, with interstate organizations, and with the private sector. 10 03/11/2009 09:25 8509223969 ATTY GENERALS OFC PAGE 05113 ., The Honorable S. Scott Vandergrift Page Four . Section 252.36, Florida Statutes, sets forth the emergency management powers of the Governor, which include the issuance of executive orders. An executive order or proclamation of a state of emergency shall, among other things, "[a]ctivate the emergency mitigation, response, and recovery aspects of the state, local, and interjurisdictional emergency management plans applicable to the political subdivision or area in question[.]" Thus, the nState Emergency Management Act" contemplates a comprehensive statewide program of emergency management. l' The Division of Emergency Management of the Department of Community Affairs is charged with maintaining an emergency management plan and coordinating the elements of this plan with the other governmental entities including municipal governments.12 Included in the emergency management plan is a postdisaster response and recovery component that must "describe the chain of command during the postdisaster response and recovery period;. . . identify the roles and responsibilities of each involved agency and organization[.],,'3 The division must also: Adopt standards and requirements for county emergency management plans. The standards and requirements must ensure that county plans are coordinated and consistent with the state comprehensive emergency management plan. If a municipality elects to establish an emergency management program, it must adopt a city emergency management plan that complies with all standards and requirements applicable to county emergency management plans.'4 The division is charged with assisting political subdivisions in preparing and maintaining emergency management plans15 and with coordinating federal, state, and local emergency management activities.16 Section 252.38, Florida Statutes, makes provision for the emergency management powers of political subdivisions. With regard to municipalities, subsection (2) provides: Legally constituted municipalities are authorized and encouraged to create municipal emergency management programs. Municipal emergency management programs shall coordinate their activities with those of the county emergency management agency. Municipalities without emergency management programs shall be selVed by their respective county agencies. If a municipality elects to establish an emergency management program, it must comply with all laws, rules, and requirements applicable to county emergency management agencies. Each municipal emergency management plan must be consistent with 03/11/2009 09:25 8509223959 ATTY GENERALS OFC PAGE 05113 The Honorable S. Scott Vandergrift Page Five and subject to the applicable county emergency management plan. In addition, each municipality must coordinate requests for state or federal emergency response assistance with its county. This requirement does not apply to requests for reimbursement under federal public disaster assistance programs. Subsection (3) of this statute authorizes political subdivisions, including municipalities, to exercise certain specific powers and duties in carrying out the provisions of the act. . To ensure maximum coordination among governmental entities and in light of the emergency management powers and duties specifically assigned by the "State Emergency Management Act," it would be advisable for the City of Ocoee to work with the Division of Emergency Management of the Department of Community Affairs and with Orange County in adopting local legislation relating to responses to emergencies. This informal advisory opinion was prepared by the Opinions Division in an effort to be of assistance to you. The conclusions expressed herein are those of the author and do not constitute a formal Attorney General's Opinion. Sincerely. ~7 4mdYJ6 Gerry Hammond Senior Assistant Attorney General G H/tsh Enclosures: Section 16.01 (3), Florida Statutes Statement of Policy 1 State v. City of Sunrise, 354 So. 2d 1206, 1209 (Fla. 1978). 2 Id. 3 Supra n.1 at 1209. See a/so City of Miami Beach v. Forte Towers, /nc., 305 So. 2d 764 (Fla. 1974). 03/11/2009 09:25 8509223959 ATTY GENERALS OFC PAGE 07113 The Honorable S. Scott Vandergrift Page Six 4 City of Miami Beach v, Rocio Corporation, 404 So. 2d 1066, 1070 (Fla. 3d DCA 1981), petition for review denied, 408 So. 2d 1092 (Fla. 1981). 5 Sse generally 12 Fla. Jur. 2d "Counties and Municipal Corporations" s. 187. 6 334 So. 2d 661 (Fla. 3d DCA 1976). And see City of Kissimmee v. Florida Retail Federation, Inc., 915 So. 2d 205 (Fla. 5th DCA 2005) (generally the fact that local legislation imposes additional requirements on a person or business is not evidence of conflict); F. Y.I. Adventures v. City of Ocala, 698 So. 2d 583 (Fla. 5th DCA 1997) (if no issue of preemption, conflict with state statute is given a very strict and limited meaning; they must contradict each other in the sense that both legislative provisions cannot co- exist, Le., in order to comply with one, a violation of the other is required). 7 Id. at 664. 8 Section 22.05, Fla. Stat. 9 See, e.g., s. 252.34(1), Fla. Stat., defining ''[d]isaster'' and (3), defining "[e]mergency." 10 Section 252.311 (2), Fla. Stat. 11 And see s. 252.35, Fla. Stat., prescribing the emergency management powers of the Division of Emergency Management. 121d. 13 Section 252.35(2)(a)3., Fla. Stat. 14 Section 252.35(2)(b), Fla. Stat. 15 Section 252.35(2)(c), Fla. Stat. 16 Section 252.35(2)(1), Fla. Stat. 63/11/2669 69:25 8509223959 ATTY GENERALS OFC ~ll1lUl~S oc. I..,UUlSlllUllUU : Vll;:W i:>ll1lUlt..:::; :-.-"-'VV /-.-"I..,!lVV lO....i:>t..:C-llUU v 1 : vuuut: ,:)Ull~I11Ht; I J. .l:'4~t: l VI L. Select Year: 13~JlII The 2008 Florida Statutes Title tV EXECUTIVE BRANCH Chs~r 16 ATTORNEY GENERAL View Entire ChaDter 16.01 Residence, office, and duties of Attorney GeneraL.--The Attorney GeneraL: (1) Shall reside at the seat of government and shall keep his or her office in the capitol. (2) Shall perform the duties prescribed by the Constitution of this state and also perform such other duties appropriate to his or her offlce as may from time to tIme be required of the Attorney General by law or by resolution of the LegisLature. (3) Notwithstanding any other prOVision of law, shall, on the written requisition of the Governor, a member of the Cabinet, the head of a department in the executive branch of state government, the Speaker of the House of Representatives, the President of the Senate, the Minority Leader of the House of Representatives, or the Minority Leader of the Senate, and may, upon the written requisition of a member of the Legislature, other state officer, or officer of a county, municipality, other unit of local government, or political subdivision, give an official opinion and legal advice in writing on any question of .Law reLatIng to the official duties of the requesting officer. (4) shall appear in and attend to, in behaLf of the state, aLL suits or prosecutions, civIL or criminal or in equity, in which the state may be a party, or in anywise interested, in the Supreme Court and district courts of appeaL of this state. (5) Shall appear in and attend to such suits or prosecutions in any other of the courts of this state or in any courts of any other state or of the united States. This subsection is not intended to authorize the joinder of the Attorney General as a party in such suits or prosecutions. (6) Shall act as co-counsel of record in capital collateral proceedings. (7) Shall have and perform all powers and duties incident or usual to such office. (8) Shall make and keep in his or her office a record of all his or her official acts and proceedings, containing copies of all official opinions, reports, and correspondence, and also keep and preserve in the office all official letters and communications to him or her and cause a registry and l,ndex thereof to be made and kept, all of which official papers and records shalt.be subject to the inspection of tt)e Governor of the state and to the disposition of the Legislature by act or resolution thereof. (9) May periodically publish a report of his or her official opinions and may prepare and publish an index or consolidated index or indexes of opinions. History.'-s. 2, ch. 2,1845; ch. 1845,1871; RS 85; GS 87; RGS 101; CGL 125; s. 7, ch. 22858,1945; s. 7, ch. 59- httpJ/WWW.leg.state.f1.uslStatuteslindex.cfro?APP _ mode~Display _ Statute&Search_Strin!F&URL~... 3/4/2009 03/11/2009 09:25 8509223969 ATTV GENERALS OFC 0L<J.LLlLC;;:S ex. \...oVII~LLLUUV.u . v lC;;W ~Ld.LUlC;;~ .-.....L.UU /-.....\...ollV\j I U-......;:>t:t.;UUH VJ . Vl.IlUlt: .;:>UH::illU1C:: PAGE 09113 rage:: L. UI L. .1; s. 1, ch. 78-399; s. 1, ch. 79.159; s. 7, ch. 81-259; s. 1. ch. 85-123; s. 45, ch. 95-147; s. 10, ch. 97-313; s. 6, ch.2001.266. Copyright 0 1995-2009 The Florida Legislature. Prlvacv Statement. Contact Us http://www.leg.state.fLus/Statutes/index.cfin ? App _ mode=Display _ Statute&Search_ String=&URL=.. . 3/4/2009 03/11/2009 09:25 8509223959 ATTY GENERALS OFC PAGE 10/13 DEPARTMENT OF LEGAL AFFAIRS Attorney General Opinions I. General Nature and Purpose of Opinions Issuing legal opinions to governmental agencies has long been a function of the Office of the Attorney General. Attorney General Opinions serve to 'provide legal advice on questions of statutory interpretation and can provide guidance to public bodies as an alternative to costly litigation. Opinions of the Attorney General, however, are not law. They are advisory only and are not binding in a court of law. Attorney General Opinions are intended to address only questions of law, not questions of fact,' mixed questions of fact and law, or questions of executive, legislative or administrative policy. Attorney General Opinions are not a substitute for the advice and counsel of the attorneys who represent governmental agencies and officials on a day to day basis. They should not be sought to arbitrate a political dispute between agencies or between factions within an agency or merely to buttress the opinions of an' agency's own legal counsel. Nor should an opinion be sought as a weapon by only one side in a dispute between agencies. Particularly difficult or momentous questions.of law should be submitted to the courts for resolution by declaratory judgment. When deemed appropriate"this office will recommend this bourse of action. Similarly, there may be instances when securing a declaratory statement under the Administrative Procedure Act will be appropriate and will be recommended. II. Types of OpInions Issued There are several types of opinions issued by the Attorney General's Office. All legal opinions issued by this office, whether formal or informal, are persuasive authority and not binding. Formal numbered opinions are signed by the Attorney General and published in the Annual Report of the. Attorney General. These opinions address questions of law which are of statewide concern. This office also issues a large body of informal opinions. Generally these opinions address questions of more limited application. Informal opinions may be signed by the Attorney General or by the drafting assistant attorney general. Those signed by the Attorney General are generally issued to publip officials to whom the Attorney General is required to respond. While an official or agency may request that an opinion be issued as a formal or informal, the determination of the type of opinion issued rests with this office. III. Persons to Whom Opinions May Be Issued The responsibility of the Attorney General to provide legal opinions is specified in section 16.01 (3), Florida Statutes, which provides: Notwithstanding any other provision of law, shall, on the written requisition of the Governor, a member of the Cabinet, the head of a department in the executive branch of state government, the Speaker of the House of Representatives, the President of the Senate, the Minority Leader of the House of Representatives, or the Minority Leader of the Senate, and may, upon the written requisition of a member of the Legislature, other state officer, or officer of a county, municipality, other unit of local government, or political subdivision, give an official opinion and legal advice in writing on any question of law relating to the official duties of the 03/11/2009 09:25 8509223959 ATTY GENERALS OFC PAGE 11 113 requesting officer. The statute thus requires the Attorney General to render opinions to "the Governor, a member of the Cabinet, the head of a department in the executive branch of state, government, the Speaker of the House of Representatives, the President of the Senate, . the Minority Leader of the House of Representatives, or the Minority Leader of the Senate. . . ." The Attorney General may also issue opinions to "a member of the Legislature, other state officer, or officer'of a county, municipality, other unit of local government, or political subdivision." In addition, the Attorney General is authorized to provide legal advice to the state attorneys and to the representatives in Congress from this state. Sections 16.08 and 16.52(1), Florida Statutes. Questions relating to the powers and duties of a public board or commission (or other collegial public body) should be requested by a n:lajority of the members of that body..A request from a board should, therefore, clearly indicate that the opinion' is being sought by a majority of its members and not merely by a dissenting member or faction. IV. When Opinions Will Not Be Issued Section 16.01 (3), Florida Statutes, does not authorize the Attorney General to render opinions to private individuals or entities, whether their requests are submitted directly or through governmental officials. In addition, an opinion request must relate to the requesting officer's own official duties. An Attorney General Opinion will not, therefore, be issued when the requesting party is not among the officers specified in section 16.01(3), Florida Statutes, or when an officer falling within section 16.01(3), Florida Statutes, asks a question not relating to his or her own official duties. In order not to intrude upon the constitutional prerogative of the judicial branch, opinions generally are not rendered on questions pending before the courts or on questions requiring a determination of the constitutionality of an existing statute or ordinance. Opinions generally are not issued on questions requiring an interpretation only of local codes, ordinances or charters rather than the provisions of state law. Instead such requests will usually be referred to the attorney for the local governm'ent in question. In addition, when an opinion request is received on a question falling within the statutory jurisdiction of some other state agency, the Attorney General may, in the exercise of his or her discretion, transfer. the request to that agency or advise the requesting party to contact the other agency. For example, questions concerning the Code of Ethics for Public Officers and Employees may be referred to the Florida Commission on Ethics; . questions arising under the Florida Election Code may be directed to the Division of Elections in the Department of State. However, as quoted above, section 16.01 (3), Florida Statutes, provides for the Attorney General's authority to issue opinions "[n]otwithstanding any other provision of law, II thus recognizing the Attorney General's discretion to issue opinions in such instances. Other circumstances in which the Attorney General may decline to issue an opinion include: questions of a speculative nature; questions requiring factual. determinations; . questions which cannot be resolved due to an irreconcilable conflict in the laws . although the Attorney General may atte.mpt to provide general assistance; questions of executive, legislative or administrative policy; 03/11/2009 09:25 8509223959 ATTY GENERALS OFC PAGE 12113 matters involving intergovernmental disputes unless all governmental agencies concerned have joined in the request; moot questions; . questions involving an interpretation only of local codes, charters, ordinances or regulations; or where the official or agency has already acted and seeks to justify the action. V. Form In Which Request Should Be Submitted Requests for opinions must be in writing and should be addressed to: Bill McCollum Attorney General Department of Legal Affairs The Capitol Tallahassee, Florida 32399-1050 The request should clearly and concisely state the question of law to be answered. The question should be limited to the actual matter at issue. Sufficient elaboration should be provided so that it is not necessary to infer any aspect of the question or the situation on which it is based. If the question is predicated on a particular set of facts or circumstances, these should be fully set out. . The response time for requests for Attorney General Opinions has been 'substantially reduced. This office attempts to respond to all requests for opinions within 30 days of their receipt in this office. However, in order to facilitate this expedited response to opinion requests, this office requires that the attorneys for public entities requesting an opinion supply this office with a memorandum of law to accompany the request. The memorandum should include the opinion of the requesting party's own legal counsel, a discussion of the legal issues involved, together with references to relevant constitutional provisions, statutes, charter, administrative rules, judicial decisions, etc. Input from other public officials, organizations or associations representing public officials may be requested. Interested parties may also submit a memorandum of law and other written material or statements for consideration. Any such material will be attached to and'made a part of the permanent file of the opinion request to which it relates. VI. Mh:;celJaneous This office now provides access to formal Attorney General Opinions through a searchable database on the Attorney General's Internet home page at: http://rnvflorldalsQal.com! Persons who do not have access to the Internet and wish to obtain a copy of a previously issued formal opinion should contact the Florida Legal Resou ree Center of the Attorney General's Office. Copies of informal opinions can be obtained from the Opinions Division of the Attorney General's Office. As an alternative to requesting an opinion, officials may wish to use the informational pamphlet prepared by this office on dual officeholding for public officials. Copies of the pamphlet .can be obtained by contacting the Opinions Division of the Attorney General's Office. In addition, the Attorney General. in cooperation with the First Amendment Foundation, has prepared the Government in the Sunshine Manual which explains the. law under which Florida ensures public access to the meetings and records of state and local government. Copies of this manual can be obtained through the First Amendment Foundation. 03/11/2009 09:25 8509223%9 ATTV GENERALS OFC PAGE 13/13 Please visit our searchable database of attorney general advisory opinions. Order form for Attorney General Reports. Officials may wish to use the informational pamphlet prepared by this office on dual officeholdinQ. . Additional information may be obtained by contacting the Opinions Section of the Attorney General's Office at 850-245-0158. 03/11/2009 09:19 FAX 4079053118 CITY OF OCOEE I4J 001 RECEPTI ON OK TXlRX NO CONNECTION TEL SUBADDRESS CONNECTION ID ST. TIME USAGE T PGS. RESULT ********************* *** RX REPORT *** ********************* 6288 8509223969 03/11 09: 14 04'13 13 OK