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HomeMy WebLinkAboutCharter Review Commission Final Ballot Titles and Summary 1 ocoee florida City ofOcoee Charter Review Commission Final Ballot Titles and Summary August 15, 2017 Board Members Michael Hopper, Chair Cheryl King, Vice Chair Richard Griffin Dennis Murray Milton West Fred Bonham (alternate) Harrison Grogan (alternate) Paul Rosenthal, Moderator 1 Introduction. Section C-59 of the City of Ocoee Charter requires that a Charter Review Commission be appointed every 10 years for the purpose of providing a comprehensive review of the City Charter and to suggest any changes thereto. The 2016-17 Charter Review Commission convened on October 26, 2016 and met for approximately one year. Meeting dates were October 26, 2016, November 16, 2016, January 18, 2017, February 15, 2017, March 15, 2017, April 19, 2017, May 17, 2017, June 21, 2017, and July 19, 2017. Comments and concerns relating to the Charter were solicited from members of the City Commission and from City staff. Following a comprehensive review of the City Charter followed by a public hearing on July 19, 2017, the Charter Review Commission recommended the City Commission adopt an ordinance presenting the following amendments, which are grouped as substantive changes to the Charter and clean up changes to the Charter, to the voters in the 2018 municipal election. Clean Up Changes to Charter Ballot Question 1 (clean up). Introduction. Following an April 19, 2017 discussion with City Finance Director Briggs relating to Section C- 18 of the Charter, the Charter Review Commission voted to recommend a non-substantive change be made to the Charter provision relating to audits. As discussed by Director Briggs, the Charter requires that the independent auditor be designated within 30 days of the start of a fiscal year; however, the reality is that the accountant designation is generally not made within 30 days after the beginning of a fiscal year but may take a longer period of time. The proposed change has no impact on the independent audit process or the timeliness within which the Commission receives the audit but only removes the 30 day time period for designation. Proposed Text. The proposed text revision will read: 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. 2 Ballot Proposal. The ballot title and question for Question 1 is as follows: UPDATING INDEPENDENT AUDIT LANGUAGE TO REMOVE TIME PERIOD FOR DESIGNATING INDEPENDENT AUDITOR Amend Charter to remove requirement that an independent auditor be appointed within 30 days of the beginning of a fiscal year to allow the City Commission additional time to designate independent auditor. YES NO Substantive Changes to Charter Ballot Question 2 (establishing term limits). Introduction. Following numerous discussions on the issues of changing term lengths and establishing term limits, the Charter Review Commission requested the assistant City Attorney compile a chart detailing comparative data from other cities in Orange County as well as data from similarly sized cities (See Appendix A, attached hereto). At its May 17, 2017 meeting, the Charter Review Commission reviewed the data and voted to present to the voters the question of whether the City should establish term limits in its charter. The proposal is to limit the Mayor and commissioners to two full terms in the same office and is specific to each seat. Term limits will begin at such time as the Mayor and District 1 and District 3 Commissioners are elected in March of 2022 and in March of 2024 for District 2 and District 4 Commissioners. C-11. - Eligibility. 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. Effective with the first full term commencing following the March 2022 election for the Mayor, the District 1 Commissioner, and the District 3 Commissioner and following the March 2024 election for the District 2 Commissioner and the District 4 Commissioner, the Mayor or a commissioner who has held the same district office for two full terms is prohibited from appearing on the ballot for election to that office. 3 Ballot Proposal. The ballot title and question for Question 2 is as follows: ESTABLISHING TERM LIMITS FOR MAYOR AND COMMISSIONERS AT TWO (2) FULL TERMS Amend Charter to limit Mayor and commissioners service in office to two (2) full terms in the office. YES NO Ballot Question 3 (relating to vacancy of Mayor). Introduction. Following a discussion on February 15, 2017 relating to costs of a special election to implement Section C-17 of the Charter, the Charter Review Commission voted to recommend changes to the language to extend the time period a Mayor pro tern or appointed commissioner may serve in the event of vacancy of the Mayor's seat from six (6) months to one year. As discussed by the Charter Review Commission, the current charter language, requiring the next municipal election to be held within six months of the vacancy of the Mayor or commissioner's seat, resulted in a costly special election when Mayor Vandergrift retired in July and the next election was not scheduled to be held until the following March. Another issue is the lack of clarity with regard to the Mayor pro tem. Language is added to clarify that the Mayor pro tern will resume representation of his/her district at such time as the new Mayor is elected, if applicable. Proposed Text. The following text revision is recommended. 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 Section C-10. 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 thirty(30) 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 tem shall serve as an interim Mayor until the successor is elected. The City Commission shall appoint an interim a Commissioner to fill the vacancy created by the Mayor pro tern serving as Mayor; such interim Commissioner shall serve until such time as a Mayor is elected. The Mayor pro tem shall resume representation of his single-member district for the remainder of the term. The successor to the office of Mayor or Commissioner shall be elected at the next general city election if such 4 election is to be held within twelve (12)six (6) months of the vacancy. If a general city election will not be held within twelve (12)six (6)months, the successor shall be elected at a special election which shall be called by the City Commission within ninety(90) 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 ninety (90) days of appointment. Ballot Proposal. The ballot title and question for Question 3 is as follows: ALLOWING 12 MONTHS FOR MAYOR OR COMMISSIONER TO BE ELECTED IN EVENT OF VACANCY Amend Charter to allow Mayor pro tem to serve up to 12 months in event of vacancy in office of the Mayor, allowing 12 months for a Mayor or commissioner to be elected in the event of a vacancy, and clarifying that Mayor pro tem will return to district representation upon election of the Mayor for the remainder of his/her term. YES NO Ballot Question 4 (regarding City Manager residency status). Introduction. The Charter allows the City Manager to reside outside the city limits while he/she is employed as City Manager, subject to approval of the City Commission. At its May 17, 2017 meeting, the Charter Review Commission discussed this provision and suggested the language be revised to require the City Manager to reside in the City limits and to allow no waiver of this provision. The language is revised to allow the City Manager one year to become a city resident following his/her commencement of employment but will not apply to the service of the current City Manager. Proposed Text. The text of the proposed revision reads: C-21. - Appointment; qualifications; compensation. 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. Within one (1) year of commencement of employment, the TheCity Manager_shall become a resident of beside outside the city and shall remain a resident of 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 5 agreement, subject to compliance with the procedures set forth in § C-22. Further, any such agreement may provide for circumstances under which the City Manager may be temporarily suspended with or without pay. The residency requirement stated in this Section shall apply to any City Manager initially appointed after the date of approval of this provision by the voters of the City. Ballot Proposal. The ballot title and question for Question 4 is as follows: REVISING LANGUAGE TO REQUIRE FUTURE CITY MANAGERS TO RESIDE IN THE CITY Amend Charter to require City Manager to become a City resident within one year of commencement of employment with no waiver of this provision; providing for inapplicability to current City Manager. YES NO Ballot Question 5 (four year terms for Mayor and Commissioners). Introduction. Following numerous discussions on the issues of changing term lengths and establishing term limits, the Charter Review Commission requested the assistant City Attorney compile a chart detailing comparative data from other cities in Orange County as well as data from similarly sized cities (See Appendix A, attached hereto). At its May 17, 2017 meeting, the Charter Review Commission voted to present to voters the question of whether the City Commission terms should be for four years, instead of the current three-year term. The proposal would create four year terms beginning with the 2022 election for the office of Mayor, District 1 Commissioner, and District 3 Commissioner, and with the 2024 election for the District 2 Commissioner and the District 4 Commissioner. C-45. - Election dates and terms of office. A. Beginning in March 202/12000, regular municipal elections shall be held annually on the second Tuesday in March of each even-numbered year. The terms of office of the Mayor and City Commissioners shall be as follows: (1) The Mayor shall be elected for a four three-year term at a regular municipal election to be held in March 20222001 and shall thereafter be elected for a four three-year term at a regular municipal election to be held every four(4) three (3) years thereafter. (2) Two (2) City Commissioners shall be elected for four three-year terms at a regular municipal election to be held in March 20242000 and shall thereafter be elected for four three-year terms at a regular municipal election to be held every four (4) three (3) 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 four three-year terms at a regular municipal election to be held in March 20222001 and shall thereafter be elected for four three-year terms at 6 a regular municipal election to be held every four (4) three (3) years thereafter. Such City Commissioners shall be elected to Seat No. 1 and Seat No. 3. B. Notwithstanding the above, 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 after the results of the election are declared by the Canvassing Board as set forth in section C-50 of this charter article. The incumbent Mayor and City Commissioners in office on the date of approval of this provision by the voters of the City at the effective date of Ordinance No. 97 20 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. Ballot Proposal. The ballot title and question for Question 5 is as follows: ESTABLISHING FOUR YEAR TERMS FOR MAYOR AND CITY COMMISSIONERS Amend Charter to change Mayor and City Commissioners' terms from three (3) year terms to four(4) year terms. YES NO Ballot Question 6 (requiring City Commission to submit ballot questions to voters by ordinance). Introduction. In 2010, voters approved a Charter amendment that would allow the Charter Review Commission to present proposed amendments and revisions to the Charter directly to the voters by a ballot question in the general election. On January 16, 2017, the Ocoee City Attorney issued an opinion reflecting research and findings concluding that state law does not allow a municipal CRC to present questions directly to the voters. This opinion is consistent with language in section 166.031, Florida Statutes, which provides only two methods by which charter amendments can be placed upon the ballot: (1) by petition signed by 10% of the voters or (2) by an ordinance adopted by the City Commission. Following discussion of the City Attorney's findings and a review of the method by which charter amendments are handled in other, similarly situated municipal jurisdictions (see Appendix B, which is attached hereto), the Charter Review Commission approved a revision that will work as follows: The Charter Review Commission (CRC) will be appointed as stated in the City's charter and will meet to discuss and recommend changes to the Charter. These changes will be transmitted to the City Commission who will then have 45 days to review the CRC's recommendations and suggest revisions to the CRC's recommended changes. The City Commission will then transmit back to the CRC its suggested revisions to Charter language proposed by the CRC. Following 7 consideration of the City Commission's recommendations, the CRC may choose to adopt the recommended changes of the City Commission or the CRC may choose not to adopt the recommended changes of the City Commission. The CRC will then to submit its final report and ordinance to the City Commission who will then adopt verbatim the proposed revisions as recommended by the CRC. The language adopted in this ordinance will then be placed on the ballot for voter consideration in the next election. It is notable that, in the same election, the City Commission may sponsor its own proposals, and that the ballot may also include any public initiative proposals. In the event of any conflict among proposals, the proposal receiving the greatest number of affirmative votes will prevail. Per state law, nothing precludes the City Commission from presenting its own language to the voters; however, the CRC members felt that recommending the approach summarized above is most deferential to the authority of the City Commission while remaining consistent with the intent of the current Charter language that was approved by the voters in 2010. Proposed Text. The text of the proposed revision reads: C-61. - Powers and duties. The Charter Review Commission shall be empowered to conduct a comprehensive study of any or all phases of city government. If changes are recommended, the A—Charter Review Commission may, during its term, shall transmit its proposed report with Charter amendments in ordinance form to the City Commission for comment. The City Commission shall, within 45 days of receipt, review the report. If the City Commission has comments or recommendations, the City Commission will return its comments or recommendations, if any, to the Charter Review Commission within the same 45 day period. The Charter Review Commission shall consider the comments or recommendations of the City Commission and then shall make its own final report to the City Commission, in ordinance form, which shall be adopted verbatim by the City Commission and which shall be placed place proposed amendments and revisions of the Charter on the ballot at the next general municipal electionelections only. The final report and ordinance must be adopted by the City Commission, provided a report of the proposed changes has been delivered to the City Clerk at least ninety (90) days prior to the election, or as otherwise may be required by law. Such amendments or revisions do not require the approval of the City Commission. In the same election, the City Commission may sponsor its own proposal for inclusion on the ballot. In the event of any conflict among proposals, that proposal receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. Ballot Proposal. The ballot title and question for Question 6 is as follows: REVISING POWERS OF CHARTER REVIEW COMMISSION TO REQUIRE CITY COMMISSION REVIEW AND ADOPT ORDINANCE Amend Charter to require the Charter Review Commission to submit ballot questions to City Commission for review and approval; allowing City Commission to suggest revisions to the language recommended by the Charter Review Commission prior to adoption. YES NO 8 Ballot Question 7(revising membership and frequency of meetings for Districting Commission). Introduction. The City's Districting Commission currently meets every five years to evaluate information available to it and adjust district boundaries for the City's four, single-member commission districts. At the 10 year mark, census data is considered. At the five year mark, other information, such as building permits and development approvals, is used to estimate population. Following an April 19, 2017 discussion with Support Services Director Al Butler relating to Section C-66 of the Charter, the Charter Review Commission voted to recommend changes to the frequency with which the Districting Commission meets. As discussed by Director Butler, a mid-census redistricting is costly to the City and is based upon estimates to update the census data. If the City Commission henceforth appoints a Districting Commission every 10 years rather than every five years, the Districting Commission will modify the Commission districts, if necessary, based solely on the more reliable census data. On May 17, 2017, Greg Keethler, Chair of the current Districting Commission, appeared before the Charter Review Commission. Mr. Keethler expressed concern that a member of the Districting Commission has not attended a single meeting, yet the removal provisions of the current Charter are so intensive that the member cannot be replaced in a timely fashion. Mr. Keethler suggested the Charter be amended to require the City Commission to appoint alternates to the Districting Commission and to require that, if a member has three absences, he/she will be replaced by an alternate. Proposed Text. Text revision to read: C-66. - Establishment of Districting Commission; alternate members; absences. A. (1) Appointment of members. The City Commission shall establish a Districting Commission after April 1, 2021 or within three (3) months of receipt of the 2020 census data, whichever is earlier, November 15, 1991, but no later than December 15, 1991, and every ten (10) five (5) years thereafter (i.e., 1996, 2001, etc.) a new Districting Commission shall be appointed by the City Commission within three (3) months of receipt of the relevant census data.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 and a first and second alternate member 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. (2) Alternate members shall serve as a regular member of the Districting Commission; provided, however, an alternate member may not vote on a matter unless a member is absent. If a member is absent, the first alternate may vote on a matter in the place of the absent member. If a second member is absent, the second alternate may vote on a matter in the place of the second absent matter. 9 (3) Absence by any member, including the alternates, from three (3) meetings of the Districting Commission shall result in automatic removal of the absent member and vacation of the seat of the absent member, whether such member's absence is excused or unexcused. 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 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. In the event of a vacancy on the Districting Commission, the first alternate will assume the vacant seat. In the event of a second vacancy on the Districting Commission, the second alternate will assume the vacant seat. If any vacancy occurs in the Districting Commission and no alternate member is available to assume the vacant seat, 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 redistricting of the - . . • - - . •.• •. 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 20214994, the Districting Commission shall review the most current, official census data, together with all other data relevant to the adjustment 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 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 10 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 legal standards relating to redistricting including but limited to 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 the geographic sueh boundaries of the four (4), single-member districts 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. 11 Ballot Proposal. The ballot title and question for Question 7 is as follows: UPDATING DISTRICTING COMMISSION TO CONVENE EVERY 10 YEARS, ALLOWING ALTERNATES, REQUIRING REMOVAL AFTER THREE ABSENCES Amend Charter to remove requirement that Districting Commission meet every 5 years to adjust City Commission districts and instead require Districting Commission to meet every 10 years; requiring City Commission to appoint two alternate members; providing if member misses three meetings, member is automatically removed from Districting Commission and replaced with an alternate. YES NO Ballot Question 8 (revising membership for Districting Commission and Charter Review Commission to designate alternate members). Introduction. On May 17, 2017, Greg Keethler, Chair of the current Districting Commission, appeared before the Charter Review Commission. Mr. Keethler expressed concern that a member of the Districting Commission has not attended a single meeting, yet the removal provisions of the current Charter are so intensive that the member cannot be replaced in a timely fashion. Mr. Keethler suggested the Charter be amended to require the City Commission to appoint alternates to the Districting Commission and to require that, if a member has three absences, he/she will be replaced by an alternate. Following discussion by the Charter Review Commission, a proposal allowing for alternates for the Districting Commission and revising the provision relating to alternates for the Charter Review Commission was presented. Proposed Text. Text revision to read: C-59. - Appointment of members; alternate members; absences. (1) 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 a 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. The Mayor shall also appoint a first and second two (2) alternate members, subject to the approval of the City Commission, who may fill in for any member absent from a Charter Review Commission meeting. (2) Alternate members shall serve as a regular member of the Charter Review Commission; provided, however, an alternate member may not vote on a matter unless a member is absent. If a member is absent, the first alternate may vote on a matter in the place of the absent member. If a 12 second member is absent, the second alternate may vote on a matter in the place of the second absent matter. (3) Absence by any member, including the alternates, from three (3) meetings of the Charter Review Commission shall result in automatic removal of the absent member and vacation of the seat of the absent member, whether such member's absence is excused or unexcused. § 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 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. In the event of a vacancy on the Charter Review Commission, the first alternate will assume the vacant seat. In the event of a second vacancy on the Charter Review Commission, the second alternate will assume the vacant seat. If any vacancy occurs in the Charter Review Commission and no alternate member is available to assume the vacant seat, 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-66. - Establishment of Districting Commission; alternate members; absences. A. (1) 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 and a first and second alternate member 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. 13 (2) Alternate members shall serve as a regular member of the Districting Commission; provided, however, an alternate member may not vote on a matter unless a member is absent. If a member is absent, the first alternate may vote on a matter in the place of the absent member. If a second member is absent, the second alternate may vote on a matter in the place of the second absent matter. (3) Absence by any member, including the alternates, from three (3) meetings of the Districting Commission shall result in automatic removal of the absent member and vacation of the seat of the absent member, whether such member's absence is excused or unexcused. 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 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. In the event of a vacancy on the Districting Commission, the first alternate will assume the vacant seat. In the event of a second vacancy on the Districting Commission, the second alternate will assume the vacant seat. If any vacancy occurs in the Districting Commission and no alternate member is available to assume the vacant seat, 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. 14 Ballot Proposal. The ballot title and question for Question 8 is as follows: UPDATING DISTRICTING AND CHARTER REVIEW COMMISSIONS TO ESTABLISH ALTERNATE MEMBERS, REQUIRING REMOVAL AFTER THREE ABSENCES Amend Charter to require City Commission to appoint alternate one and alternate two as members of Districting Commission and Charter Review Commission; allowing alternates to participate in process but only vote if a member is absent; providing if member misses three meetings, member is automatically removed from Commission and replaced with an alternate. YES NO 15 Appendix A Comparative Chart relating to Redistricting Commissions, Terms and Term Limits City Charter Redistricting? At large or single Term/Term Provisions member districts Limits Ocoee Sect. C-44, Districting Commission: The City Single member 3 year term C-45,C-66 Commission shall establish a districts No term limit Districting Commission after November 15, 1991, but no later than December 15, 1991,and every five(5)years thereafter. 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. Other Orange County cities Apopka Sect. 2.02 No districting commission (at Strong Mayor and 4 year term and 2.04 large). all commissioners No term limit elected at large. Maitland Sect. 8.02 No districting commission (at Seat numbers 3 year term, large). designated for 2 terms max. identification purposes but members elected at large. Winter Sect. 11 and Districting commission appointed Single member 3 year term, Garden 25 following decennial census or if a districts No term limit population of a single district found in increases by more than 50%. charter Winter Sect. 2 No districting commission (at Seat numbers 3 year term. Park large). designated for 4 terms max identification but members elected at large. Other similarly sized cities Dunedin Sect. 3.01, No districting commission (at Members elected 4 year term, 5.03 large). at large. 2 terms max Ormond Sect. 3.01, Districts are called"zones." 2 year term, 16 Beach 3.03, and Commissioners elected by the zone. No term limit 5.09 Mandatory redistricting commission every 10 years but the City Commission has the option to reapportion anytime. Oviedo Sect. 3.01 No districting commission (at Members elected 2 year term, and 3.03.02 large). at large No term limit Winter Sect.4.02 Members are elected by geographic Single member 4 year term, Springs and 4.03 districts;districting commission districts. 3 terms max meets every 3 years. 17 Appendix B SHUFFIELDLOWMAN ATTORNEYS AND ADVISORS MAILING ADDRESS: TEL:407-581-9800 GATEWAY CENTER P.O.Box 1010 FAx:407-581-9801 1000 LEGION PLACE,SUITE 1700 ORLANDO,FL 32802-1010 WWW.SHUFFIELDLOWMAN.COM ORLANDO,FL 32801 MEMORANDUM • To: Mayor and City Commissioners Members of the City of Ocoee Charter Review Commission From: Scott Cookson,City Attorney , t ana Crosby-Collier,Assistant City Attorney/Attorney to the Charter Review iv. Commission CC: Rob Frank,City Manager Date: January 16,2017 Re: Amending the City Charter Background: Prior to 2010, the City of Ocoee Charter("Charter") provided that the City of Ocoee Charter Review Commission ("CRC") perform its duties as an advisory body) Recommendations of the CRC were sent to the City Commission for acceptance or rejection.2 Ultimately,the City Commission would adopt those recommendations for Charter amendments it accepted by Ordinance and those proposed amendments would be included on the ballot for consideration by the electors.3 In 2008 the CRC presented a report to the City Commission that recommended numerous changes to the Charter.' Included among the changes was a proposed amendment to Section C- 61 of the Charter to allow future CRCs to place proposed amendments and revisions to the Charter directly on the ballot without the need for City Commission prior approval or action.5 The changes to the Charter were heard in a public hearing,adopted by the City Commission by Ordinance in 2009 and subsequently approved by the voters in the 2010 election. I Section C-61,City of Ocoee Charter(repealed by ordinance no.2009-030,12-1-2009) 2 Section C-62,City of Ocoee Charter.(repealed by ordinance no.2009-030,12-1-2009) 9 Id. •See item 18,April 21,2009 City Commission Agenda 5 Id. 18 Today, the Charter remains consistent with the 2010 language. Thus, as the Charter presently reads,the CRC may place proposed amendments to the Charter directly on the ballot without any prior approval or action by the City Commission. As discussed below,we are of the opinion that this process is not consistent with current Florida law. Process for Amending a Municipal Charter: Section C-61 of the City's Charter presently reads as follows: • The Charter Review Commission shall be empowered to conduct a comprehensive study of any or all phases of city government. A Charter Review Commission may, during its term,place proposed amendments and revisions of the Charter on the ballot at general municipal elections only,provided a report of the proposed changes has been delivered to the City Clerk at least ninety(90) days prior to the election, or as otherwise may be required by law. Such amendments or revisions do not require the approval of the City Commission.6 Section 166.031, Florida Statutes, relating to municipal charter amendments, provides only two (2) methods for amending a municipal charter: First, a city commission may, by ordinance,submit to the electors a proposed amendment to the charter. Second,amendments to the charter may be submitted by petition signed by ten percent(10%) of the City's registered voters. Nowhere in the relevant statute does it authorize a charter review commission, or any other advisory board,to bypass the city commission's adoption of an ordinance in amending a charter.8 • In interpreting the question of whether the city commission of a municipality is the only board who may submit proposed amendments to a charter for referendum,the Florida Attorney General has consistently opined that the statutory language limits the avenue for an amendment to reach the ballot.9 In short,amendments can only reach the ballot by an ordinance adopted by the city commission or by petition of ten percent(10%)of the electors of the municipality.'°The amendment of a City's Charter is governed by Section 166.031, Florida Statutes, and "no alternative method of charter amendment may be used")1 In fact,local attempts by ordinance to change the process have been rejected by the Florida Attorney General on the basis that legislative direction as to how a thing shall be done is, in effect,a prohibition against it being done in any other way.12 Based on a response we received from the Florida League of Cities, their position is consistent with that of the Florida Attorney General. Inquiry was made of the Florida Bar City, County and Local Government Law Section and we found one (1) city charter that allows its • "See section C-61,City of Ocoee Charter(2016) 7 Section 166.031(1),Florida Statutes e Id. See,e.g.,Fla.Atty.Gen.Opinion 88-30 and Fla.Atty.Gen.Opinion 93-23 10 Id. "Fla.Atty.Gen.Opinion 93-23 12 Fla.Atty. Gen. Opinion 88-30,citing to Alsop v. Pierce, 19 So.2d 799, 805-806(Fla. 1944); Thayer v. State,335 So.2d 815,817(Fla.1976 2 19 charter review commission to place questions directly on the ballot (also seemingly in contravention of Florida law),13 two(2)that require the city commission to submit charter review amendments to the electors,14 and one (1) that allows city commissioners to comment upon charter review commission proposals but then requires the city commission to adopt verbatim the final charter review commission report.'5 Process for Amendin¢a County Charter: Interestingly,the permissible method for amending a county charter is different than the method for amending a municipal charter. In contrast to the limited options available for amending a municipal charter(provided in Section 166.031,Florida Statutes),Florida law allows a county to provide in its charter the method for submitting future charter revisions and amendments to the electors of the county.16 Pursuant to this authority, several counties, including Orange County, authorize their charter review commissions to place proposed amendments and revisions of the charter directly on the ballot at the general election without the prior approval or action by the county governing body." Conclusion and Recommendations: It is our opinion that the way for voters to have access to a ballot question regarding a City Charter amendment is for the City Commission to adopt an Ordinance that will submit the language of the proposed Charter amendment to the voters.18 Therefore,we recommend that the CRC deliver to the City Commission its recommendations in Ordinance format,as has been done in the past, and request the City Commission adopt the CRC-recommended Ordinance for placement on the ballot. This process should allow the City to remain true to the intent of the voters in adopting the 2010 amendments while ensuring that any work of the CRC is not challenged on the basis that the CRC lacks authority to place items directly on the ballot. As an independently appointed body, the CRC is likewise encouraged to evaluate the language in the current Charter regarding the process for amending the Charter in the future and propose changes to the current language to ensure consistency with Florida law. 13 See City of St.Petersburg Charter,Article VIII 14 See City of Aventura Charter,Section 7.06 and City of Doral Charter,Section 6.02 15 See City of Tarpon Springs Charter,Section 32. 16 Section 125.64,Florida Statutes. 17 See Section 702,Orange County Charter. 18 Fla.Atty.Gen. Opinion 88-30,citing to Reino v. State,352 So.2d 853(Fla. 1977)(where language of statute is clear and unequivocal, legislative intent may be gleaned from words used without applying incidental rules of construction); Citizens of State v. Public Service Commission, 425 So.2d 534 (Fla. 1982)(where language of statute is plain and unambiguous as to fix legislative intent,courts should not depart from plain language used by Legislature). 3 20