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HomeMy WebLinkAboutItem #02 Collection of Applications for Appointment of a Districting Commission, in Accordance with the City of Ocoee Charter, Article XI, Section C-66 Ocoee florida AGENDA ITEM COVER SHEET Meeting Date: August 16, 2016 Item # p? Reviewed By: Contact Name: Melanie Sibbitt Department Director: Melanie Sib Contact Number: Ext. 1026 City Manager: Subject: Collection of Applications for Appointment of a Distric ng Commission, in Accordance with the City of Ocoee Charter, Article XI, Section C-66. Background Summary: Article XI, Section C-66 of the Charter: 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 (i.e., 1996, 2001, 2006, 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. Issue: In accordance with Section C-66 of the City Charter, the City Commission shall appoint, by majority vote, a Districting Commission consisting of five (5) members between November 15 and December 15, 2016. Recommendations On August 2, 2016, the City Commission voted unanimously to cancel the November 15th City Commission Meeting; therefore, staff recommends the Honorable Mayor and Commissioners consider to allow residents to apply by November 18, 2016, for consideration to be appointed to the Districting Commission. Applications will be presented at the December 6, 2016, Regular Commission Meeting. Attachments: Charter; Article XI, Single-Member Districts Financial Impact: None Type of Item: (please mark with an "x") Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda Commission Approval Discussion&Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Ocoee,FL Code of Ordinances Page 1 of 5 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(i.e., 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. (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 about:blanlc 8/8/2016 Ocoee,FL Code of Ordinances Page 2 of 5 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 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) about:blank 8/8/2016 Ocoee,FL Code of Ordinances Page 3 of 5 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 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 1, 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. about:blank 8/8/2016 Ocoee,FL Code of Ordinances Page 4 of 5 § 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. 1 shall be represented by the City Commissioner previously elected to Seat No. 1 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 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§ C-11 of Article Ill 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§ C-11 of Article Ill of this Charter. about:blank 8/8/2016 Ocoee,FL Code of Ordinances Page 5 of 5 C. Notwithstanding any provision contained herein to the contrary, any member of the City Commission who ceases to be a bona fide resident of the district which such member represents as a result of redistricting or a change in district boundaries by the City Commission shall continue to hold office for the duration of such members'term and shall continue to represent such district. [Added 12-1-2009 by Ord. No. 2009-030 u] Footnotes: (1) Editor's Note:This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010.Said ordinance provided for an effective date of 6-1-2010 §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§ 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 of the United States and of Florida and the provisions of 5 C-66C(4)(a)through (d) of this Article. about:blank 8/8/2016